The TSJC sends Borràs to trial, who has no support to continue as president

Yesterday, the Superior Court of Justice of Catalonia (TSJC) sent the president of the Parliament, Laura Borràs, to trial for the crimes of prevarication and false documentation.

Thomas Osborne
Thomas Osborne
26 July 2022 Tuesday 16:52
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The TSJC sends Borràs to trial, who has no support to continue as president

Yesterday, the Superior Court of Justice of Catalonia (TSJC) sent the president of the Parliament, Laura Borràs, to trial for the crimes of prevarication and false documentation. It already seems unquestionable that as a result of this judicial decision, as of tomorrow, she will be removed from her position, the second in the institutional level of the Generalitat.

If the also president of Junts does not make a decision before, this Thursday the Table, the governing body of the Catalan Chamber, will have to decide whether to suspend him in accordance with article 25.4 of the regulation, which establishes the suspension of the rights and duties of the deputies automatically when oral proceedings are opened for crimes related to corruption.

That article was introduced on July 26, 2017 – five years ago yesterday – in the reform promoted by the pro-independence groups through an amendment agreed that day by Junts pel Sí (a coalition of Convergència Democràtica de Catalunya and after the PDECat with Esquerra Republicana ) and the CUP.

The formations represented in the Table –ERC, PSC and the anti-capitalists– except Junts announced that they will vote for the leader to be suspended and all the groups in the hemicycle with the exception of hers asked for her resignation. The debate now is another: how she replaces her. The circumstance arises that if Borràs does not resign, no one can occupy the presidency, and his functions would be carried out by the Republican Alba Vergés, first vice president.

It is an unprecedented scenario. This article had never been applied before and the only thing that is clear is that Borràs will not lose her deputy status. However, she will not be able to participate in the meetings of the parliamentary bodies, nor in institutional or public acts as president of the institution. Also, she won't get paid either.

The meeting of the Table will be tomorrow at noon and it is expected that the path will begin to clear there, but ERC has already asked its partner to decide how Borràs is relieved, so that someone from JxCat assumes the presidency of the Chamber.

The party of Borràs and Jordi Turull met the executive yesterday, but has not yet given any clue as to what the process will be like, which may cause a new struggle between sectors, and the management conveyed "unwavering support" to its president in the face of what they consider "persecution and lawfare [legal warfare]," according to a statement.

In recent days, in some circles, the name of Anna Erra, vice president of JxCat and mayor of Vic, has been around. At the Argelers congress in June, she obtained more votes than Borràs and is associated with the more institutional sectors.

In the Table, the other leader of Junts is Aurora Madaula, also vice president of the party, although in the conclave she was about to be left out and does not have as much support among the militants. Whether one profile or another is chosen is relevant, both because of the internal balance and because of the image that is projected outwards.

With these wickers, JxCat and ERC are forced to agree on a formula that solves the problem and yesterday it was not ruled out that the position, if Borràs takes root and does not resign from the presidency, will remain vacant. In that case, imaginative formulas could be opted for, such as replacing Vergés as first vice president so that someone chosen by Junts can assume that position, who will have the functions of Borràs in his absence, and for the former minister to become secretary of the institution, the position that Madaula now has. In this way, the pact between the partners would be respected and Borràs would not have to resign, but in Junts there are sectors that do not see this option well and believe that it affects the image of the institution. The truth is that yesterday's unitary proclamation did not satisfy all sectors. The unanimity of the rest of the groups in this matter does not go unnoticed.

Be that as it may, Borràs will sit on the bench of the accused on a date yet to be determined and will be accompanied by his friend Isaías Herrero, whom he supposedly wanted to benefit by splitting the IT service contracts when he presided over the Institució de les Lletres Catalanes. For both, the Prosecutor's Office requests a sentence of six years in prison and 21 years of disqualification from holding public office. The third defendant is Andreu P., who allegedly prepared invoices that allowed the irregularities to be masked and who faces a sentence of three years in prison and ten years of disqualification. Despite the fact that the judge also appreciated that Borràs had committed embezzlement and fraud, the Prosecutor's Office dismissed these two crimes.

The opening of the oral trial comes after the appeals have been exhausted. His defense, in charge of the criminal Gonzalo Boye, used this route until requesting the recusal. The judge rejected all of Borràs' allegations and accused her of wanting to hinder the process in order to delay her trial. The step taken by the judges was made public yesterday while the Parliamentary Committee was in session, and the subject was addressed in passing, but it was decided to leave that folder for tomorrow, although for a moment it seemed that everything would be resolved at that time, under the pretext that the president had not yet received a formal notification. In addition, today the Government and the Generalitat meet at the dialogue table.