The judge of the National Court Manuel García Castellón has dismissed the appeals presented by the former Minister of the Interior Jorge Fernández Díaz, the former Secretary of State for Security Francisco Martínez, four other high-ranking Police officers and the former driver of Luis Bárcenas Sergio Ríos, against the order that proposes to try them for the Tandem case, the police operation launched to remove the former treasurer of the PP material related to the Gürtel case.
In seven proceedings, the magistrate rejects all the appellants’ arguments and concludes that there are indications regarding all of them to specify “clearly and sufficiently” the facts that are imputed to them, as well as the evidence obtained in the investigation phase and the participation of each one in the crimes attributed to them.
In the case of the former minister and the former secretary of state, the judge explains that Fernández Díaz exercised responsibility during the entire period of execution of the illegal police operation, “financed from reserved funds from his department and under the direct supervision of his immediate hierarchical inferior «, the Secretary of State for Security Francisco Martínez Vazquez. With him, he points out, he maintained communications directly related to the dumping of the phones belonging to Luis Bárcenas.
The judge rejects the appellants’ argument of the hasty conclusion of the investigation and reiterates that it is the opportune procedural moment to issue the order to proceed to abbreviated procedure given the forcefulness and solidity of the evidence that are collected in it. «When the process throws up a factual scenario that rests emphatically on a similar scaffolding, the margin of action of the investigating judge is narrowed, and the adequate weighting of the fundamental rights at stake forces to direct the procedure to its genuine phase, the trial oral, avoiding unnecessary delays with impact on the essential guarantees that govern the criminal process, “says the resolution.
In relation to the police officer Enrique García Castaño, who had requested recognition of his status as a collaborator in the investigation, the judge rejects it and explains that said request must be raised at the procedural moment and not in the order to proceed to the abbreviated procedure, which is the one that is resorted to.