Judge Leopoldo Puente has rejected the request of the popular accusation so that José Luis Ábalos and Koldo García enter provisional prison after his appearance on Monday in the Supreme Court. The magistrate maintains the precautionary measures that already weighed against them to withdraw the passport and appearance in the court every 15 days.
The magistrate considers that after the UCO report there are “solid indications” against José Luis Ábalos and Koldo García, according to the cars of precautionary measures he has issued against both. However, Judge Puente considers that the conditions are not given to agree on the measure of the provisional prison, such as the risk of escape or the destruction of evidence.
According to the judge, Koldo García would have intervened “actively in hiring, would manage the contracts for award to companies and, at the time, would carry out operations to hide the charges received from the organization.” Regarding Ábalos, he considers that “he could also intervene, personally and using the offices of his advisor”, while enjoying “the illicit economic benefits” generated by those actions.
This follows, says the judge, of the “very expressive and eloquent recordings, apparently made by Don Koldo García himself, of which the possible improper adjudication of various public works would result, in collusion with whom he was then holder of the Mitma (Ministry of Transport, José Luis Ábalos), also investigated in this cause, and of third parties, in exchange for various economic awards”.
The popular accusation, whose legal address exercises the PP, had requested provisional imprisonment for both. Among his arguments was the danger of destroying evidence. He alluded to the existence of other recordings that are not held by the Civil Guard, made by Koldo García. However, the magistrate, according to the anti -corruption argument, has ruled out this reason because “one thing is the danger that the investigated destroy or alter evidence and another, very different, that he is obliged to contribute them himself, if he had them.”
According to the judge in his order on Monday, Ábalos would have benefited “economically” from the payment of the rent of the house of one of his ex -partners, two rentals with option to purchase – a villa in Cádiz and an apartment in Madrid for 750,000 euros, a value “much lower than the market” – and a vacation in Marbella. And he adds to what the UCO's latest report contributed to the cause also contains “very consistent indications” that Ábalos and Koldo García could have obtained “illicit” yields in exchange for the undue award of public works
