The judge of the National Court Manuel García Castellón has agreed to open an oral trial against the former Minister of the Interior Jorge Fernández Díaz and the former minister of the Ministry for the so-called “Operation Kitchen”, the police operation launched supposedly with the objective of removing the PP treasurer Luis Bárcenas material related to the judicial investigation of the Gürtel case.
In an order, the magistrate rejects as untimely the request of the accusation made by the PSOE to declare civil liability for profit of the PP and establishes it, in a subsidiary manner, for the General Administration of the State in the event that those investigated are found condemned.
The order opening the oral trial includes all the crimes raised by the accusations (Prosecutor's Office, State Attorney's Office, PSOE, Podemos and Bárcenas family) in their respective writings and which include various crimes such as discovery and disclosure of secrets, prevarication, omission of duty to prosecute crimes, bribery, influence peddling, embezzlement, cover-up, against privacy and obstruction of justice. In the case of the PSOE, Podemos and the Bárcenas family, they also add those of a criminal organization or illicit association, among others.
In its indictment, the Anti-Corruption Prosecutor's Office requests that the former minister receive 15 years in prison and 33 years of disqualification for orchestrating an operation to steal sensitive information from Bárcenas about the PP's alleged b-accounting that could affect the then President of the Government Mariano Rajoy. From the party leadership it was feared that Bárcenas, who had become enemy number 1 of the PP, could leak information to bring down his president.
For the head of the Sixth Central Court of Instruction, the different accounts of the indictment documents, with their corresponding criminal qualifications, are, in principle, adequate, all without prejudice to what results from the oral trial phase.
In relation to the civil liability of the PP requested by the PSOE, remember that up to this moment, in this piece of the Tándem case, no claim in this sense has been directed against the PP and that, therefore, following doctrine of the TS, it is extemporaneous, taking into account, furthermore, that it is carried out without specifying the amount or the specific facts and actions from which said responsibility arises, "there being a lack of relationship between the facts that support the claim and the person against whom it is exercised." civil action.
In addition to the former minister, the judge sends to trial the former Secretary of State for Security Francisco Martínez, the former Deputy Operational Director Eugenio Pino, the police officials José Luis Olivera, Marcelino Martín Blas, José Angel Fuentes Gago, Bonifacio Díez Sevillano, Enrique García Castaño, Bonifacio Díez Sevillano, Andrés Manuel Gómez Gordo, the retired commissioner and main investigator in the Tándem macro case José Manuel Villarejo, as well as the Bárcenas driver Sergio Ríos Esgueva.
Regarding Olivera, Fuentes Gago and Díez Sevillano, for whom the prosecutor had requested a provisional dismissal, the investigator rejects this request and asks the Public Ministry to formulate a written accusation within three days or to renounce it.
The resolution agrees to impose civil liability bonds of 120,000 euros for Jorge Fernández Díaz, Francisco Martínez and Eugenio Pino, as well as 100,000 euros for Villarejo and Sergio Ríos, 20,000 euros for Andrés Manuel Gómez Gordo and 3,000 euros for the rest, except García castaño, who is set at 2,000 euros.
