The defense of Begoña Gómezwife of the President of the Government, has presented this Monday a document in which she informs the examining magistrate that she will not be able to attend the summons on November 18 because will be on an official visit to Brazil to attend the G-20 summit.
In the brief, he details to the judge of the 41st Court of Instruction of Madrid, Juan Carlos PeinadoThe Complutense University of Madrid (UCM), which on November 5 notified him of the summons to give him in person the complaint filed by Hazte Oír for alleged misappropriation of the software of the Complutense University of Madrid (UCM) and instrusiveness, it could not be on this occasion. This is because the President of the Federative Republic of Brazil, Luiz Inácio Lula da Silvahas extended an invitation to attend the summit -with a letter from the Brazilian First Lady, Janja Lula da Silva- and the Presidency of the Government has already confirmed her presence.
However, in order to facilitate Peinado’s work, he informs him that already has “perfect knowledge of the aforementioned complaint”. given that he has been given notice of both the document and the court’s admission. Therefore, he explains that there is no need for a new summons and reminds him that “no rule imposes that the notification of the complaint be personal”. “This party considers that its right of defense is safeguarded“, he notes.
The letter is accompanied by both the invitation from Janja Lula da Silva and the response from the Presidency signed by Begoña Gómez. In her letter, which arrived at the Spanish Ministry of Foreign Affairs on October 22, Janja Lula da Silva explains that will have a seat in the plenary roomThe plenary room, a room reserved for spouses and a space for bilateral meetings. Begoña Gómez’s answer thanks the invitation to this “valuable opportunity to address challenges.” and to “foster dialogue among nations”. Thus, he confirms his attendance and looks forward to the activities that will take place.
Software’ Complaint
It is worth remembering that Peinado was investigating Gómez for the crimes of influence peddling and corruption in business.The investigation was broadened on October 29th by investigating the complaint filed by Hazte Oír for alleged misappropriation of the software of the Complutense University of Madrid (UCM). Peinado took this step after it was made known that the Provincial Court of Madrid had concluded that he -as instructor of the so-called Begoña Gómez case- is the competent to investigate the complaint related to the software.
It was last June when the 48th Court of Instruction of Madrid issued an order that sent the complaint of Hazte Oír to the 41st Court of Instruction of Madrid.. The Prosecutor’s Office objected to the matter remaining in the hands of Judge Peinado, but Judge Juan Ramón Reig insisted on his position and confirmed his decision to inhibit himself.
Dissatisfied with the resolution, the Public Prosecutor’s Office brought the case before the Provincial Court, which finally dismissed its appeal. In an order, the magistrates established that Peinado is competent to investigate whether or not the wife of the President of the Government misappropriated a software of the Complutense University of Madrid.
The Third Section explained that in Peinado’s court “proceedings have been carried out to investigate the facts related to the Master’s Degree in Competitive Social Transformation, linked to the UCM, of which Begoña Gómez was co-director”. The magistrates understood that there was a “connection”, since it was precisely for that master’s degree for which the ‘software’ had been developed free of charge.