He does it against the discretion of the prosecutor, who requested the file as it was not proven that he had bribery
MADRID, 2 Mar. (EUROPA PRESS) –
The judge of the National Court Manuel García Castellón sends the businessman Javier López Madrid, the retired commissioner José Manuel Villarejo and his partner Rafael Redondo to trial in the framework of piece 24 of the ‘Tándem’ case, in which the commission to the commissioner to harass Dr. María Elisa Pinto due to a personal conflict with the businessman.
The judge’s decision comes against the interest of the Anti-Corruption Prosecutor, who requested the provisional file on the understanding that the perpetration of the crime of bribery that the three are accused of was not duly justified. The magistrate follows the criteria of the doctor’s defense, who requests sentences of six years in prison for López Madrid and Villarejo, and four for Redondo.
The Public Ministry defended in its report that the object of the piece was to investigate bribery and not the conflict between López Madrid and Pinto. “These are facts that not only exceed the purpose of this piece -focused exclusively on the crime of bribery- but also because all these circumstances are already being investigated in the judicial proceedings followed in the Investigating Courts of Madrid, not resulting in accordance It is legal that the same facts be investigated in two different courts,” he indicated.
And he added that, having clarified this point, he considers that “there are not enough indications of his commission –of the crime of bribery– with sufficient strength and forcefulness to formulate an indictment and urge the opening of an oral trial.” They understand that there are no gifts or compensation from the employer. “In the present case, there is no record of the presence of this constitutive element of the type, which prevents the admission of indications of the commission of said crime,” he adds.
On the other hand, in his order, to which Europa Press has also had access, the judge rejects the request of Pinto’s defense to accumulate in these proceedings those carried out in the Investigating Court number 39 of Madrid, where the harassment was investigated, the threats and injuries to the doctor, so that they are judged in the National Court. He points out that at the procedural moment, with the instruction completed, “it would laminate the right of defense of those investigated, who could not be interested in investigative proceedings in this regard.”
In his car, the magistrate recalls the account of the facts, and points out that it all started in September 2013 when López Madrid hired Villarejo, “active commissioner”, to “help him finish a personal matter in relation to María Elisa Pinto In December 2013, the businessman went to the doctor’s office accompanied by Redondo, who came as a lawyer by order of Villarejo, and they told Pinto “to leave him alone, to stop, and that the police would go to see her”.
During 2014, and as agreed with the businessman, Villarejo would have harassed the doctor by following up and trying to prevent her from denouncing López Madrid for harassment. The judge points out that he “used police means” to discredit her. “He accessed his private information without authorization and tried to interfere in the police investigation, requesting information on the status of the investigations, manipulating the police investigation and making forecasts about the result of a line-up of which he would have to take part,” he adds. .
The magistrate gives an account of the telephone contacts between Villarejo and López Madrid, and adds to this that he also had contact with other police officers during the investigation of the events denounced by Pinto. Specifically, he refers to the former head of the UCAO Enrique García Castaño and inspector Alberto Carba, who was investigating Pinto’s complaint.
“This police officer sent several emails to Javier López Madrid informing him of the status of the investigation, and receiving instructions. These communications took place between October 16 and November 23, both months of 2015,” says García Castellón.
The judge also points out in his order that in a conversation dated January 26, 2017, Villarejo stated that he would claim López Madrid “an amount of money as compensation for the actions he developed in resolving his private conflict.”
And he picks up the literal: “When I finish everything, when I file a complaint against this kettle and all those who have helped her and such and such, I will talk to him, with Javierito, give me a little money, because you have put me in a ’embolao’ and you haven’t even called me to tell me (…). I’m going to tell him: little boy, damages.”
