The judge of the National Court Manuel García Castellón has inadmissible the complaint filed by the former president of the Barcelona Football Club Sandro Rosell against the former commissioner José Manuel Villarejo and rejects the manager's request to appear as a private prosecution in the case known as Tándem.
The judge's order explains that the actions that are reported in the complaint filed by Rosell against Villarejo and other police officers do not comply with the legally established budgets to recognize the condition of being directly harmed by the events because there is no indication that justifies the connection between the facts narrated in the complaint and the investigations opened to Villlarejo.
In his writing, Rosell made a narration of his judicial process, which ended in his acquittal and is connected to a series of press articles in which he alludes to the alleged existence of a plurality of irregularities during his processing, explains the order.
Said text mentions the participation of Villarejo who, according to the complainant, would be part of a political-police network whose purpose was to carry out actions to destabilize or stop people linked to the Catalan independence movement or linked, presumably, to them. All this, in order to harm him by artificially creating a police and judicial case against him.
The magistrate points out that, “without questioning the seriousness of the statements contained in the complaint, nor the possibility that such facts presented, incidentally, the appearance of a crime, this is different from the fact that such facts should be investigated within the framework of the present DP 96/2017”.
The order adds that the complaint does not state how the narrated events are connected with the case against Villarejo, in which the same pattern of criminal behavior is investigated and which is based on the private contracting of the former commissioner, through the Zenyt Group, to provide services that he could not perform given his situation as an active police officer.
The instructor considers that the account of the complaint does not reveal the direct intervention of Villarejo in these actions, "but he refers to other subjects and public officials in the exercise of their functions."
In addition, the magistrate argues that the competence of his court to hear the alleged unlawful acts is not justified, since the link between the facts narrated in the complaint and those that are the object of investigation in this macro-case is vague, "both in relation to with the main piece as with respect to the separate pieces”.
The complaint, according to the judge, does not provide any type of information regarding the existence of a specific assignment to José Manuel Villarejo, since it is a completely different dynamic from the one investigated in the main case.
