The Judge of the Supreme Court, Ángel Hurtado, has decided to open oral trial against the State Attorney General for the filtration of an email from Isabel Díaz Ayuso. The magistrate has made the decision after the Criminal Chamber confirmed, with some nuances and with one of the magistrates against Álvaro García Ortiz. The opening of oral trial, in addition to a bond of 150,000 euros, includes Hurtado’s refusal that García Ortiz has to be suspended as State Attorney General as he had requested the accusation exercised by the Professional and Independent Association of Prosecutors (APIF).
The judge accuses García Ortiz to filter “sensitive information regarding aspects and personal data of a citizen”, a diffusion that “is not tolerable.” That filtration, the judge now adds in this order, “calls into question the prestige of the institution.” Pilar Rodríguez, provincial prosecutor of Madrid, will not finally be judged but the magistrate opens the door that, as some accusations have requested, appear as a witness in the future trial.
The Chamber gave the green light last July to the attorney general being tried for the filtration of an email with which Alberto González Amador offered a pact to the Prosecutor’s Office and recognized his fiscal fraud of 350,000 euros. The judges corrected Hurtado and left Pilar Rodríguez, provincial prosecutor of Madrid out of the future trial, when he understood that there was no evidence to link to this high position of the Public Ministry with the filtration. One of the three judges went further and in a particular vote opted to archive the case also against the Attorney General for lack of indications.
The opening of oral trial leaves the attorney general on the edge of the bench in the absence of the Supreme Court to date the trial against him. Both the Prosecutor’s Office and the State Advocacy have requested that García Ortiz be acquitted while González Amador has requested a four -year prison sentence for him. The magistrate rejects the request of the APIF to suspend the attorney general in a precautionary way, affecting the arguments with which he already rejected the same request in November last year: “The procedure to agree on the precautionary suspension of any member of the Fiscal Ministry is of an administrative nature”, and not therefore in a criminal case as this.
The magistrate imposes García Ortiz a bond of 150,000 euros that must consign in five days under the threat of embargo if he does not. Half of the amount requested by the Ayuso couple as compensation.
The allusions to Moncloa
One of the most controversial points of the Hurtado processing car was its allusion, unpublished until that moment after eight months of investigation, that the State Attorney General had leaked the mail following “indications” of the government’s presidency. The magistrate recalls in a paragraph of this new car that the Appeals Chamber questioned this accusation and withdraws it from the opening of oral trial: “He considered that they had not been accredited with sufficiency,” says the judge now about that “initial phrase” that the PP wielded for weeks to denounce an “operation” against Ayuso.
The magistrate does maintain another statement without conclusive evidence: that from the prosecution “Copy” of the email of the Ayuso couple “to Pilar Sánchez Acera”, then advise in Moncloa and that, probably, will have to testify in the trial after doing so during the investigation.
Source: www.eldiario.es
