The court judge Manuel Garcia Castellon reaffirms that there are sufficient evidence of a crime for the former Interior Ministry to be tried by the police operation hatched in 2013 to spy on former PP treasurer Luis Bárcenas and remove all sensitive information for political training that it may keep. In several cars, the head of the Central Court of Instruction number 6 has confirmed the prosecutions of the former Minister of the Interior Jorge Fernandez Diaz; of the former Secretary of State for Security Francisco Martinez; four other high-ranking police officers; and the ex-driver from Bárcenas, Sergio Rios.

In both resolutions, the magistrate also rejects that the closing of the investigation of the Seventh separate piece of the ‘Tandem’ case It was done in a hasty manner, as stated by those investigated and the Anticorruption Prosecutor’s Office or Bárcenas himself, who understand that there was still evidence to be practiced. In fact, the Public Ministry and the former Treasurer of the PP insisted that the end of this investigation came too soon, without hearing other high-ranking officials as defendants who could have involvement in the ‘Kitchen’ plot, such as the then General Director of the National Police, Ignacio Cosidó, or reopen the case to the former secretary general of the PP Maria Dolores de Cospedal, who has been investigating only in the final stretch of the instruction.

Specifically, in addition to Jorge Fernández Díaz, Francisco Martínez and Sergio Ríos – captured to act as a police confidante in exchange for 2,000 euros per month from reserved funds-, the instructor has rejected the appeals raised by the police Bonifacio Diaz Sevillano and Jose Antonio Fuentes Gago; Andrés Gómez Gordo, former Chief of Security of Cospedal – whom Villarejo baptized as’ Cospedín’-; and the former head of the Central Operational Support Unit (UCAO) of the National Police Enrique Garcia Castaño against the order issued last July by which they were left one step away from the bench next to the retired commissioner José Manuel Villarejo.

Judge García Castellón, who has notified the files coinciding with the beginning of the first trial of the also known as the ‘Villarejo case’, has not accepted any of the arguments presented in his briefs and concludes that there is a “factual scenario that rests emphatically on such an indicative scaffolding“that allows to specify in a clear and sufficient way the facts that are imputed to them and the participation of each one of them in the police operation mounted to prevent the National Court from having access to documentation that could compromise the PP in the investigation that was then being followed on the Gürtel plot and the alleged ‘b’ box of the ‘popular’.

The responsibility of Interior

In the case of Fernández Díaz, Judge García Castellón underlines the responsibility that he exercised during the entire period of development of the “illegal police operation”, which was financed with reserved funds destined for the Ministry that directed. In this sense, it also points out that the operation was “under the direct supervision of their immediate subordinate“, Secretary of State for Security Francisco Martínez. And to continue insisting on the evidence of crime attributed to them, the magistrate emphasizes the text messages that both of them exchanged -and whose authorship the former head of the Interior portfolio flatly denies- related to the dumping of the telephones belonging to Luis Bárcenas.

Moreover, the head of the Central Court of Instruction number 6 assures that said dump, which took place in a Vips cafeteria in Madrid, and in which the driver from Bárcenas and the former head of the UCAO participated, constitutes one of the moments that he accredits that “the operation carried out managed to obtain a part of the compromising documentation that was sought”. As for Enrique García Castaño, who was precisely this Wednesday in the Chamber of the National Court where he has begun to judge three of the thirty pieces that make up the case ‘Tandem, the magistrate refuses to file his alleged responsibility with respect to this line of research, thus recognizing its collaboration with instruction, understanding that this assessment must be carried out at another “procedural moment” and not in the order being appealed.