The Anti-Corruption Prosecutor's Office has asked the judge in the Kitchen case to withdraw the crime of kidnapping as requested by the former treasurer of the PP Luis Bárcenas, who in this case is the private prosecutor.
The two representatives of the public ministry demand that the instructor of the National Court Manuel García-Castellón annul the order to open an oral trial that he issued against the leadership of the Ministry of the Interior, led by Jorge Fernández Díaz to dictate a new one without the crime of kidnapping .
The Bárcenas family included in their indictment the crime of kidnapping because they understood that the story of the false priest who entered the house of the former treasurer of the PP and detained his wife and son was orchestrated by the Interior within 'Operation Kitchen'.
The magistrate has found sufficient evidence to place the former Minister of the Interior Fernández Díaz, his Secretary of State Francisco Martínez and the police leadership among those accused, among whom are the former police commissioner José Manuel Villarejo for ordering a "parapolice" device. to steal sensitive data from Bárcenas about box b of the PP that could affect the then President of the Government Mariano Rajoy.
In this matter, Anticorruption has clashed with the judge in several aspects, including the latter's refusal to take the general secretary of the PP at the time, María Dolores de Cospedal, to trial.
Now he also opposes including the crime of kidnapping. The main argument is that the penalty for this crime is between six to ten years and therefore the matter cannot be pursued as an abbreviated procedure but as an ordinary summary procedure as the penalty for one of the crimes exceeds nine years in prison. .
"If the instructor understood that there were indeed indications of the commission of the crime of kidnapping, he should have proceeded to transform the previous proceedings into a procedure
ordinary summary and also do it before closing the investigation, which agreed to pursue the case through the procedures of the abbreviated procedure," states the letter to which La Vanguardia has had access.
The two prosecutors in the case add that since the investigation was closed in July 2021 "no new element or indication has been provided that justifies, with greater or lesser precision, the transformation of the procedure into an ordinary summary in order to also include the crime of kidnapping for which now, surprisingly, it has been agreed to open an oral trial," they maintain.
For that kidnapping, in 2014 Enrique Olivares was convicted of assaulting the house of former PP treasurer Luis Bárcenas for one crime of breaking and entering, three crimes of kidnapping, three crimes of threats, one crime of illicit possession of weapons and three misdemeanors. injuries. He had already achieved the third grade when he died last year at the age of 72.
