Supreme Court Judge Leopoldo Puente has sent former Minister José Luis Ábalos and his advisor Koldo García to unconditional prison, as requested by the Chief Anti-Corruption Prosecutor, Alejandro Luzón, and the popular accusations, during the vistillas called this Thursday at the Supreme Court by the Koldo case instructor. The magistrate appreciates “more than enough indications of the eventual commission of serious criminal acts” and argues that The proximity of the trial poses an “extreme” and “maximum” risk of flight.
The resolution, the first by which a sitting deputy is imprisonedand that it has been communicated to Congress so that it applies the Regulations of Congress, which provides for the suspension of the members of the Chamber when the order of transformation is declared final, attributes to both the commission of the crimes of integration into a criminal organization, bribery, use of privileged information, influence peddling and embezzlement.
Not less than 10 years
According to the magistrate, there is a “possible risk that said defendants could escape the action of justice is, at this moment, extreme“, which makes the periodic appearances in court and withdrawal of the passport that were imposed insufficient, above all, because it “swould mean a custodial sanction of no less than ten years in prison. (twelve years and six months in prison, the public ministry stated)”, the resolution states.
It stands out in this regard that there are numerous rational indications of criminality against both, already formalized in a judicial resolution of accusation, in relation to the possible commission of several serious crimes; and that, with the investigation now concluded, the accusations have led to the imposition of very serious custodial sentences for those investigated, together with the foreseeable very near trial.
To the evidence and his dark judicial horizon, the magistrate adds that “it cannot be ignored that there are sufficient indications in the case that Ábalos has been able to receive and handle significant amounts of cash, to the point that For several years he did not need to make any withdrawals from his bank accounts, which allows us to reasonably infer that he could have sufficient economic resources to undertake and sustain the escape.”
He adds that “the international contacts he has are more than evident, not only because, as the popular accusation observed in his report, he has in certain Latin American countries of some real estate; not only because he was a founding partner of the Fiadelso foundation, to which he could continue to have family ties.; nor solely in consideration of the fact that he periodically received income from one of his children, apparently obtained abroad – regardless of whether or not it was a loan, as his defense maintained at today's appearance.
“There is no reason to consider that those same funds, in one way or another, could not again be provided to Ábalos for the purpose of facilitating or contributing to the escape. In addition to all this, The international contacts that, in the context of the development of their public function, are generally knownMr. Ábalos has been able to work, both with authorities and with individuals and companies in said countries,” the order states.
Being Government
Among the arguments of the public ministry was that “it is their membership in the Government that allowed both of them to commit this crime.” “That belonging to a State power cannot be used to avoid criminal responsibility,” reason why “justice is represented as a woman with a blindfold”, Luzón has influenced when demanding prison for Ábalos and Koldo, according to sources present in the statement
Other sources have told El PERIÓDICO that the deputy has taken the floor to negate the risk of escape and ensure that He has no money or anywhere to go. They have pointed out that he spoke in a distressed tone and was very pale, “destroyed.” His defense has argued that he is a deputy and that article 23 of the Constitution is violatedwhich is that of political representation, to argue against the Prosecutor's request. If the measure is adopted – taking into account that Judge Leopoldo Puente has always followed the criteria of the Public Ministry when adopting precautionary measures – Ábalos would become the first deputy to enter prison with such a conditionwith the only precedent of the members of the Parliament in the case of‘procés', although these, when they were later elected national deputies.
“Self-fulfilling prophecy”
After hearing about the Anticorruption petition, Ábalos told Cadena Ser that what happened this Thursday in the high court is “a self-fulfilling prophecy”, since the crimes increased and very high penalties were requested for him precisely to increase the risk of escape, “to obtain a collaborative statement.” He added that it seems like a “political” decision and that it seems incomprehensible to him that there is talk of a risk that he could escape and at the same time the viewing was called with a period of seven days, when they could have then decreed house arrest against him.
The former minister arrived at the headquarters of the high court early, almost three quarters of an hour before the time at which he had been summoned by magistrate Leopoldo Puente, carrying a small brown leather backpack. His appearance lasted about forty minutes. During the wait between his appearance and that of his former advisor, scheduled for a few hours later, Koldo has been going out to smoke in an interior patio of the Supreme Court accompanied by a police officer.
“We all have the right to learn”
For its part, Koldo arrived five minutes before the time he had been summoned. carrying a large and very full backpack. His appearance lasted an hour and also concluded with a request for prison that was argued by both Anti-Corruption and popular accusations. In addition to also denying that he intends to escape, Koldo has pointed out before Judge Puente that “we all have the right to learn a little.”
His lawyer has presented a preliminary question regarding the lack of jurisdiction of the Supreme Court to investigate contracts that The National Court also investigates. When arguing her roots, Leticia de la Hoz has pointed out the fact that Koldo's youngest daughter, brother and mother reside in Benidorm, going so far as to ask who is going to take care of walking the latter if her client goes to jail. Koldo's defense has used the same argument that Ábalos' lawyer, rejecting an escape plan, agrees with his former boss that He has no resources abroad and in the existence of minor children.
The summonses occur within the framework of the case for which both have already been prosecuted by the allegedly fraudulent award of million-dollar contracts for the purchase of masks which was carried out by the Ministry of Transportation to the company Soluciones de Gestión.
The judge will assess in any case whether both should go to prison after hearing the prison requests that the Anti-Corruption Prosecutor's Office has put on the table and also the popular accusations. Until now, Ábalos was only subject to the prohibition of leaving the country, the delivery of a passport and the periodic appearances before a judge that already affect those investigated.
Specifically, the Prosecutor's Office demands 24 years in prison for Ábalos and 19 and a half years for Koldo for alleged crimes of belonging to criminal organization, bribery, influence peddling, embezzlement and use of privileged information. The Public Ministry also asks that they be ordered to pay a fine of around 3.9 million euros. For their part, popular accusations request sentences of 30 years in prison for Ábalos and Koldo. He attributes the same crimes to both as those indicated by the Prosecutor's Office and adds two others: prevarication and falsification of an official document.
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