The former State Attorney General, Álvaro García Ortiz, has asked the Supreme Court to annul the sentence that condemns him to two years of disqualification for the leak of the confession of businessman Alberto González Amador, partner of Isabel Díaz Ayuso and prosecuted for two tax crimes. In his brief, his defense argues that multiple fundamental rights have been violated, including the right to the presumption of innocence, defense and effective judicial protection and denounces seven grounds for annulment, according to the brief to which elDiario.es has had access.
The text maintains that the informative note on the businessman’s tax fraud case was an “institutional response” that had the objective of “preventing the idea of a Prosecutor’s Office guided by ‘orders from above’ or with prevaricating purposes from crystallizing before the citizens.” And it warns of the consequences that this ruling may have for the future: “It is a kidnapping and silencing of the very possibility of the Prosecutor’s Office and its top leader issuing statements or institutional denials when the institution is seriously attacked,” the document states.
The presentation of an incident of nullity is a prior and obligatory procedure to file an appeal for protection before the Constitutional Court. The Supreme Court ruling is final and cannot be challenged, so you can only request its annulment and then be able to go to the guarantee court.
The letter also refers to the order by which the Supreme Court refused to investigate the president of the court for his presence and expressions in some courses of the popular accusation of the Madrid Bar Association in full deliberations to point to the loss of the appearance of impartiality of the magistrates.
The document states that in this order “a series of facts of supervening knowledge linked to certain members of the body are examined and weighed, expressly placing them on a different level, and pointing out that, if they had been known previously, they could have been subject to full evaluation following a complaint at the time legally provided for it.”
The State Attorney’s Office questions that the sentence “eludes” the key testimonies of journalists who claimed to have the email of the businessman’s confession of tax fraud before the attorney general obtained it on the night of March 13, 2024. “This way of reasoning, which claims to believe the witness while acting as if he did not believe it, does not constitute an assessment of the evidence compatible with the presumption of innocence, since it does not weigh the exculpatory evidence but rather eludes it,” the writing says.
elDiario.es reported last Monday that, in addition to the annulment incident, his defense was going to register another document in which he would demand the suspension of the execution of the sentence. With that second request, the State Attorney’s Office intended to postpone the application of the ruling until the annulment incident was resolved. Finally, this document has not been presented given that the current attorney general, Teresa Peramato, agreed to the incorporation of García Ortiz to the Social Section of the Supreme Court.
Source: www.eldiario.es
