Judge Manuel García Castellón has assigned the X of Kitchen to Jorge Fernández Díaz, Minister of the Interior between 2012 and 2016. The most serious case of corruption in the State security department since the GAL is settled, in the absence of the foreseeable resources before the Criminal Chamber, with the prosecution of the head of the portfolio when the spying of the PP treasurer took place against the reserved funds.
Villarejo wrote down a plan with Cospedal and her husband to raise the last defendant in Kitchen as chief of the Police
As was the case with State terrorism in the time of Felipe González, the Prime Minister, in this case Mariano Rajoy, is excluded from prosecution for the “para-police operation” to recover documents that could compromise himself and others. leaders of the PP, including María Dolores de Cospedal, whom García Castellón has raised the accusation.
The magistrate of the National Court decided this Thursday not to extend the investigation, as had been requested by all the accusations and, very strongly, by the Anticorruption Prosecutor’s Office, recently proposing a battery of proceedings that García Castellón has rejected in their entirety.
García Castellón defends in his order to pass to abbreviated procedure the thesis that the operation to sabotage the most serious corruption judicial case in the history of the PP was a matter whose “planning, direction, development and execution” correspond to the Ministry of the Interior, with its owner, Fernández Díaz, one of the ministers closest to Rajoy, as the head. The current leader of the PP, Pablo Casado, was quick to point out that Fernández Díaz has been dismissed from activism and that the judge’s order makes it clear that Cospedal, whose support in the former was vital for his election as president of the formation, “is innocent “.
Together with Fernández Díaz, Judge García Castellón proposes to try the former number two of the Ministry Francisco Martínez and all the commands that made up the first line of the PP political brigade, with Commissioner Eugenio Pino, deputy operational director, at the head . In this hierarchical descent, the judge jumps to Ignacio Cosidó, general director of the Police, whom several investigated commanders have identified as having known about the operation.
These are the lines of investigation in which, in the absence of the Criminal Chamber correcting the magistrate, it will no longer deepen the Kitchen case, as well as the suspects whose responsibility will remain undisclosed.
Mariano Rajoy, “El Asturiano” or “El Barbas”
The president of the Government during Operation Kitchen was ‘El Asturiano’ or ‘El Barbas’, as Villarejo and his collaborators call him in the audios incorporated into the cause and the commissioner also writes in his newspaper. This was confirmed by the agents of the Internal Affairs Unit in their reports to the judge.
Not to mention Rajoy in the 70 pages of the car, García Castellón even mentions the figure of the “prime minister”, non-existent in Spain, and on three occasions he speaks of the “president of the Government.” The Prosecutor’s Office had asked the PP to identify the holder of a mobile number provided by Villarejo after he assured that messages about the espionage of Bárcenas were exchanged with the chief executive. The phone, in reality, corresponds to Rajoy, but the judge considers the Anticorruption petition “an impertinent, unnecessary and useless diligence.” The commissioner also offered several numbers that he used to check if there was communication between the two, something impossible after more than a year.
Commissioners Villarejo and García Castaño explained to the judge in court that the first one transferred information to the President of the Government through the president of La Razón and president of Atresmedia, Mauricio Casals, whom the magistrate has not asked about it. The policeman’s annotations, which are frequently used by the judge to support his arguments, point to the lawyer Javier Iglesias Redondo as the nexus of Villarejo and his gang with the Prime Minister. The closure of the investigation has also prevented Iglesias, who appears in the darkest maneuvers of the PP in the judicial sphere, from giving a statement even as a witness.
María Dolores de Cospedal and her “right of meeting” with Villarejo
The accusations in the Villarejo case suspected the file of the case against Cospedal from the moment they read the judge’s indictment. Anti-corruption had requested her summons eight months earlier, but the magistrate ruled that that would depend on what Secretary of State for Security Francisco Martínez said about her. When he went to testify, he refused to answer the Prosecutor’s Office, the rest of the accusations and the defenses of other defendants. Thus the things, the interrogation was carried out by García Castellón. Not one of the questions that the judge asked him for an hour and a half alluded to Cospedal.
In his car, the judge alludes several times to the right of assembly so as not to criminalize the meetings between the general secretary of the PP and Villarejo. “The fact that Mrs. Cospedal met with Mr. Villarejo (one, four or several occasions) does not presuppose the existence of any criminal offense. Neither Mr. Villarejo, nor anyone who had met with him, should be criminally responsible for it, insofar as it supposes the exercise of a fundamental right of constitutional protection, the right of assembly, “writes the magistrate.
Cospedal is assisted, according to the judge, that the recordings in his office commissioning “specific jobs” from Villarejo, together with her husband, “are audios of unknown origin and therefore of doubtful reliability.” “At no time,” he adds, “is the person who appears to be the investigated heard expressing the reasons for the meeting; it is a meeting that records only a fragment of a conversation, apparently, by one of the interlocutors, whose duration and context are unknown. “.
Unlike other annotations by Villarejo that are taken into account, the one that refers to payments to the commissioner through Cospedal’s chief of staff – against whom the case is also filed – are not taken into account. The judge values the fact that the then defendant Cospedal denied the money deliveries and did so “forcefully.”
It helps Cospedal, according to the judge, that the accused commissioner Andrés Gómez Gordo, prosecuted for corruption in the Ciudad de la Justicia case, and who was working under the direct orders of Cospedal when he began his participation in the Kitchen operation, affirmed in his statement as investigated that “neither Cospedal nor López del Hierro told him to speak with Sergio Ríos (the driver, a confidant of the policeman).” López del Hierro, Cospedal’s husband, who has known Villarejo since the 1990s, is also out of the case by decision of García Castellón.
The magistrate points out in his car that Cospedal told him that the documents that he supposedly wanted to steal from the Kitchen had been at his disposal at the headquarters of the PP for months, when Bárcenas left the building, so “it is contradictory to try to uphold his ideological leadership “. The accusation against her, culminates the judge, “does not stop being the result of a willful inference”.
Ignacio Cosidó, the general director of the Police who did not know anything
Through García Castellón’s order, it has emerged that the Anti-Corruption Prosecutor’s Office had requested the imputation of the head of the Police at the time of the espionage of Bárcenas with reserved funds. The judge has proposed bringing his immediate superiors and subordinates to trial, but not Cosidó. It so happens that one of the indications that the judge charges one of the police officers, José Ángel Fuentes Gago, to maintain his accusation is that he was Pino’s “right hand”, a circumstance that does not weigh on Cosidó with the position that it boasted.
The Prosecutor’s Office alluded to the fact that it had been pointed out by Commissioners Villarejo and Pino and the judge says that “the generality of the terms in which the petition is formulated calls his attention, without reference to any specific data, indication, expression or statement that allow to sustain the imputation of this person “.
In the case of Cosidó, the judge values Villarejo’s annotations when he writes: “Chisco [Francisco Martínez]. Cosi talks to everyone and says that they do not have to do something that in conscience is not appropriate. ”
The CNI, the false priest and espionage in prison
The closure of the investigation has cut back the indications that were beginning to appear in the case and that pointed to the possible participation or knowledge of the National Intelligence Center when it depended on the first vice president of the Government Soraya Sáenz de Santamaría.
The first to point out these indications was the one considered by the judge “coordinator” of the operation, Francisco Martínez. He did so voluntarily, when he included in his registry before a notary a message with Fernández Díaz in which they alluded to “cecilio contact”, a police expression to refer to the agents of the Center. And involuntarily, when he wrote a reflection on his phone, without knowing that it would later be seized, in which he alluded to the involvement of other “state services”.
Later, as would happen with his threats to Rajoy, Fernández Díaz or Cospedal, Martínez retracted. The CNI told the judge that he spoke with his then director general, Félix Sanz Roldán, because the Interior was looking for money from Bárcenas abroad and the intelligence service always has a lot of information. The general replied that it was not his competence but that if he received any information, he would communicate it, Martinez said in his last statement as investigated before the judge.
Among the unclear episodes that the closure decreed by García Castellón leaves is that of motorcyclists with cameras on their helmets who were not police and who were following Rosalía Iglesias. Sergio Rios, the driver, assures that Villarejo and García Castaño spoke to him naturally about the involvement of the CNI in the operation.
The investigation has also not made it possible to clarify whether the assault by the ‘false priest’ on the Bárcenas’ house is an episode of Kitchen. And not because Anti-Corruption has not tried. One of the proceedings rejected by the judge goes in that direction and also includes the possible involvement of the CNI. The Prosecutor’s Office wants the forensic doctor who visited Enrique Olivares in prison to issue a report on his condition to testify. The doctor has been on leave due to a serious illness and in that period García Castellón ordered Olivares to be transferred to the National Court and that a forensic forensic until that moment decided if he was able to testify.
The prosecutor recently wrote: “Data appear that allow us to delve into the possible participation of Enrique Olivares García in the assault on the home of the Bárcenas family under the direct control of the police officers who carried out Operation Kitchen; or even under the control from other State security services “. Anti-corruption also wanted to know who they were and why they visited Olivares in prison after elDiario.es revealed that he had suffered a stroke.
The last line of investigation to appear was a second Kitchen perpetrated inside the jail. Bárcenas denounced to the judge the existence of a prisoner with a false identity who was spying on him and spoke of the instructions he gave to another inmate so that, when he was released on leave, he destroyed the recording that he kept in the cloud and that implicated Rajoy. The prosecutor suspects that the “hacker” prisoner, Isidro Sánchez, could be another of the collaborators captured by the political brigade, as Villarejo’s annotations point out. Anti-corruption wanted the police who consulted the data of Sánchez and his sister in the police files, but the judge considers that this would not contribute “anything new.”