The defense of the former secretary of Organization of the PSOE Santos Cerdán has requested his release in a letter in which he denounces the existence of a “general cause” against him. “We are clearly in the assumption considered by the jurisprudence of prospective investigation,” says the appeal signed by his lawyer Benet Salellas, who argues that “the concrete works or awards in which Cerdán would have had a criminal participation, still had a criminal participation.
Judge Leopoldo Puente agreed last Monday to enter Cerdán’s provisional prison, which attributes crimes of criminal organization, influence peddling and bribery for his alleged involvement in the plot of collection of bites in exchange for public works awards dependent on the Ministry of Transportation. His lawyer, however, argues that “there is no” incriminatory “material as to agree on a measure as restrictive of rights as provisional prison.
The letter, of 20 pages, questions that the judge has “emphasizes” in the relationship of Cerdán with Servinabar, a small Navarra mercantile administered by Antxon Alonso, an intimate friend of his, and that he was awarded contracts of contracts despite “its minimum dimensions and no experience”. The judge considers “Cerdán’s” link “with that company, but the appeal states that” it does not appear, at least the attached documentation and referred to the police report, sufficient incriminating material to build an incriminating logical syllogism from the relationships that may exist with Servinabar. ”
The agents found a document dated in 2016 at the house of Antxon Alonso that gives Cerdán 45% of the property of that mercantile. According to the private contract of sale, signed by both, former ‘number three’ of the PSOE paid 6,000 euros for 1,350 Servinabar participations. The appeal recalls that this “draft” was not elevated to public and that, therefore, it has no legal effect against third parties. “If the contracting parties left it without effect between them (…) it can hardly be extracted any conclusion of it,” adds the writing of the lawyer.
The bridge judge agreed to entry in prison in Cerdán after declaring in the Supreme Court, where he only answered his lawyer’s questions. Cerdán declared himself innocent, he said that his imputation responds to his role as “architect” of the progressive government. Thus, he denied having committed any illegality and rejected any irregular financing of the PSOE. The anti -corruption chief prosecutor, Alejandro Luzón, described his explanations as “poor”, “biased” and even “victimists.”
The judge argued the prison for one of the three requirements collected by the law, the danger of destruction of evidence. According to the defense of Cerdán, the bridge car “does not comply” to those legal requirements and, therefore, “constitutional principles have not been respected.”
In his appeal, Benet Salellas denounces that the “perspective” from which the Supreme Court is dealing with the cause against its client is “purely inquisitive, in favor of an interpretation of the facts at all times contrary to the perspective of the investigated and always built from the presumption against reo.”
The letter also calls into question the audios that the Civil Guard incorporated as indications to its attest and that were found in the registration of the address of Koldo García, who recorded conversations for years. “Audios made and preserved in a fragmentary way for years by a possible police collaborator who ends up as a co -investment They are not the best guarantee, objective and independent evidence to use a provisional prison in a democratic criminal process, ”says the appeal.
Source: www.eldiario.es
