The legal representation of the congressman and former Minister of Transport José Luis Ábalos has asked the Supreme Court (SC) his appearance in the case that the high court has opened against him for the alleged crimes of belonging to a criminal organization, influence peddling, bribery and embezzlement, after the judge of the Audiencia Nacional (AN) who is investigating the ‘Koldo case’ urged to investigate him by his “leading role” in the alleged plot.
According to legal sources, the writ of summons was filed before the Supreme Court. last Monday, November 11. The former minister’s entourage explains that this would be a step prior to the request for a voluntary declaration, which is still under consideration.
It should be remembered that, in the event that this voluntary declaration would take place, it would paralyze the process of the request for a suplicatorio to the Congress of Deputies, which is necessary to lift the immunity of a deputy. However, should the court later decide to act against him, it would have to address Congress to authorize such an investigation.
In the reasoned statement sent to the Supreme Court, the head of the Central Court of Instruction No. 2, Ismael Moreno, pointed out “the existence of well-founded and serious indicationsa clear and concrete accusation or evidentiary support, which evidences the alleged participation of Ábalos” in the facts.
Judge Moreno pointed to the alleged commission of a crime of belonging to a criminal organization “insofar as it occupied a leading role in the framework created” by the businessman Víctor de Aldama, procurer of the plot, “for the achievement of business with public administrations”.
The Criminal Chamber accepted last November 7 Moreno’s request but reopened a case from 2021 where it analyzed a complaint filed then by a lawyer, Ramiro Grau, against Ábalos, which was archived. Last March, the lawyer asked to reopen the case and the Second Chamber answered in September that it would wait for the result of the investigations in the National Court for these same facts.
The Supreme Court concluded that “the facts described, without prejudice to what could result from the investigation, could be constitutive” of crimes of membership of a criminal organization, influence peddling, bribery and embezzlement.. Until now, the AN did not investigate for the latter, so the high court extends the investigations to a new criminal offense.
“It is, therefore, essential to continue the investigation on the same and on the participation in them of the person with aforesaid status, José Luis Ábalos”, said the Second Chamber, in a report by Judge Andrés Martínez Arrieta.
The Supreme Court explained that in principle it will only be in charge of the “investigation of the facts of which, indiciariamente, could be responsible the aforado and with respect to those persons that for the needs of the instruction, particularly the continuity of the cause, the investigation is inseparable”.
“Consequently, the extension of jurisdiction to acts committed by persons not subject to the Supreme Court’s jurisdiction will only be admissible when there is a clear indication of a lack of jurisdiction in the case.one inseparable material connection with the persons under investigation to the persons with aforesaid status.“, he clarified.
It should be recalled that Judge Moreno asked to investigate the former ‘number three’ of the PSOE after a report of the Central Operational Unit (UCO) of the Civil Guard based on WhatsApp conversations between the different characters of the ‘Koldo plot’ that reflect issues such as the alleged intermediation of De Aldama for the rescue of Air Europa or for the visit of the Venezuelan vice president, Delcy Rodríguez.