The investigating judge of the Kitchen case, Manuel García Castellón, refers to the order in which he himself decreed the end of the investigation, issued on July 29, as an act of “impulse” and “dynamization” of the cause opened by the espionage of Luis Bárcenas with reserved funds, in the face of the “precipitation” that accusations and defenses have denounced in that decision of the magistrate.
This statement by the judge appears in the order rejecting the appeal of former Interior Minister Jorge Fernández Díaz against the aforementioned indictment, a resolution that also served to archive the case against María Dolores de Cospedal and deny any investigation to the president of the PP at the time of the events, Mariano Rajoy, or the general director of the Police Ignacio Cosidó.
“Contrary to what seems to emerge from the writings of the prosecutor and the appellant, Jorge Fernández Díaz, the order did not finalize the procedure, rather, it stimulates it, urging it towards what is the genuine purpose of the criminal procedure, the oral trial”, says García Castellón. If the Criminal Chamber does not rectify García Castellón’s decision, in that oral trial for the attempted sabotage of corruption cases there will be no possibility that Rajoy or Cospedal, among others, will feel like defendants, as the magistrate considers that The “acts that appear to be criminal” do not affect either of them, despite numerous references from the defendants that both were aware of the operation, including those that suggest that Cospedal was able to pay Villarejo for his participation in the sabotage of the causes against the PP.
García Castellón has rejected the appeals for reform presented by seven defendants in the case who preferred to ask the judge to review his decision before the Criminal Chamber is pronounced. This was not the case in the case of the Anticorruption Prosecutor’s Office, which ignored the judge in his appeal, and appealed directly to the higher court. It is pending that the Second Section, chaired by Alfonso Guevara, decides on the matter.
Jorge Fernández Díaz pointed out in his appeal to the leadership of the Popular Party, the main beneficiary of ending the investigation of box B, in which he did not appear, according to his lawyer in the letter. “It is clear that the origin of the Kitchen operation was neither related nor affected by the Ministry of the Interior. And it is obvious that Mr. Bárcenas was the Treasurer of the Popular Party, not of the Ministry of the Interior and did not depend on or was linked to said Ministry” , said the appeal of the former Minister of the Interior.
The judge reproduces the messages in the case between Fernández Díaz and his number two, Francisco Martínez, to defend the evidence against him, which adds to his position as number one in the Interior when the para-police espionage took place. For the judge, having continued with the investigation, as requested by the Prosecutor’s Office and the rest of the parties, led to “unnecessary delays with an impact on the essential guarantees that govern the criminal process.
In the Anticorruption appeal against the order to end the instruction issued by García Castellón, a large number of tests are listed that have remained unpracticed due to the judge’s decision, which has prevented progress in clarifying questions such as who could be behind the false priest who assaulted the house of the Bárcenas or in a second kitchen organized in prison against the ex-treasurer of the PP.