A week has separated the statements before the Judge of the Supreme Court of the former Minister José Luis Ábalos and of his successor in the PSOE Organization Secretariat, Santos Cerdán. However, the Valencian politician was released with measures and Navarro has encountered a provisional prison order without bail. Why the difference?
There are several reasons, some of them explained by Judge Leopoldo Puente in his resolution:
1. The possibility of hiding or altering tests. “If the precautionary measure interested in accusations is not adopted, could investigate, alter or destroy Relevant test sources for prosecution. This risk was not identified with respect to other investigated, ”says the judge. And it specifies that the investigation in the case of Santos Cerdán is delayed with respect to those of Ábalos and Koldo García, so that“ the indispensable investigation of its true patrimonial situation ”has not yet been practiced and has not been the subject of a home registry.
2. Cerdán's position in the alleged plot corrupt The judge explains that, even more important than the possibility of altering evidence, is the role of former Secretary of Socialist Organization in the “Criminal Organization investigated.” Always at the indicial level, the magistrate places Cerdán in a leadership position inside the plot. Thus, he says that Cerdán I would maintain with Ábalos and Koldo García “a vertical relationship, of a certain preeminence, being in charge of distributing among its members the illicit fruits obtained with the possible commission of the criminal acts that are attributed to all. ”
Santos Cerdán, this morning in the Supreme. / Europa Press
But “it is not so much the aforementioned vertical relationship, nor the embryonic investigation” the determinant when it comes to a “greater” risk of hiding, altering or destroying relevant evidence, but “but” “its functional position within the framework of the organization“. It refers to Cerdán” to be indicated by the person who was responsible for making undue charges to companies favored by the award. Obtained these, he distributed them by making them, at least, to Don Koldo García and Don José Luis Ábalos who, when they needed it, claimed the payments to that and not to these ”.
3. The Prosecutor's Criteria. An element that the car does not mention, but that legal sources also consider important is the position of the Public Ministry. The Anti -Corruption Prosecutor's Office decided not to ask for prison in Ábalos And of his exassor after his statement in the Supreme Court last week, as the private accusations requested. Instead, the Prosecutor's Office has requested this measure today in the case of Santos Cerdán. According to some sources consulted, It may be a indication of any possible collaboration of the former Minister in Research. Precisely, this was what slid the Valencian deputy himself in a public statement before going to Judge Puente. However, it was not what he did, since, after gathering the day before with Koldo García, he limited himself to the judge to deny any involvement and state that he did not know any implication of the other two socialist positions investigated.
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