The former advisor to the Ministry of Transport Koldo García will also remain free after taking advantage of his right not to testify in the Supreme Court. Judge Leopoldo Puente has decided to maintain the measures that have been imposed on him since the beginning of the investigation, in February 2024, and which consist of the withdrawal of his passport and the obligation to appear in court every 15 days. The judge affirms that, at this time, “none of the elements” that could determine his entry into provisional detention do not exist.
The magistrate has made this decision after the Anti-Corruption Prosecutor's Office has not requested his preventive imprisonment. The chief prosecutor Alejandro Luzón has considered that although the evidence against him has increased after the latest report from the Central Operational Unit (UCO) of the Civil Guard, the risk that he could flee the country and evade the action of Justice has been avoided with the measures that he had in force until now. Only part of the popular accusation, led by the PP, had demanded that he be placed in provisional prison. Adade has not joined the request for imprisonment, while the Commons have not commented, according to the sources consulted.
In the order, the judge states that the evidence against Koldo García appears “seriously consolidated” after that last report from the UCO. This police report indicates that the former advisor would have paid Ábalos' expenses worth 94,883.63 euros with funds from the alleged rigging of public contracts.
However, he considers that at this time the elements included in the law to agree to provisional detention do not exist. Thus, the magistrate rules out that there is a risk that Koldo García could continue committing crimes or destroy evidence. In relation to the third reason included in the law, the possibility of destroying evidence, the judge understands that this risk has also been avoided with the measures agreed upon so far. The magistrate affirms that Koldo García “could” have “a certain amount of money”, although he admits that these funds have not been found to date.
Refuses to declare
This Thursday, the former advisor took advantage of his right not to testify in the Supreme Court, where he went carrying a backpack with personal belongings in case the judge ordered his entry into prison. Before the magistrate, the former right-hand man of José Luis Ábalos has alleged that he does not have access to the memory devices and mobile phones that were seized from him in February 2024 and where the audios that the investigators have analyzed come from and that constitute a large part of the evidence against him. This prevents him, in his opinion, from contextualizing conversations that date back several years and from being able to defend himself with all guarantees.
The summons of the former advisor occurred after his boss, former Minister Ábalos, refused to testify and alleged alleged helplessness. The investigator of the case in the high court, Leopoldo Puente, called Koldo García again after receiving the aforementioned report where UCO assures that “he acted as custodian and manager of Ábalos' money”, so that “part of the latter's expenses were borne and settled” by his advisor.
The UCO pointed out the existence of a reserve of cash without support in the regular income of the former socialist leader and which Koldo would have available to take charge of payments that would correspond to his then boss, such as alimony for one of his children, the remuneration of the domestic employee or gifts to his partners.