Thursday, February 2

The court of the ‘Black Pearl’ case is studying whether to return the case to the investigating judge because the defenses do not have all the documentation

The first day of the corruption trial of the Junta de Castilla y León for the ‘Black Pearl’ case did not last even two hours. The Court of Valladolid has suspended the hearing until Tuesday at 9:30 a.m. while it studies whether to return the case to the Court of Instruction number 2 of Valladolid. According to most of the defenses, supported by the Prosecutor’s Office and by private accusations, there is a lack of documentation that should have been sent to the parties, and even as one of them has pointed out, “there is even a lost CD.” Thus, it is understood that the right of defense could be violated as the lawyers of 12 defendants and three legal persons did not receive all of the proceedings.

The defenses of the former deputy councilors Rafael Delgado and Begoña Hernández, as well as the defenses of the former CEO of Gesturcal, Juan Carlos Sacristán, who formed part of the leadership of the Ministry of Economy, as well as those of the rest of the defendants who have sat in the bench this Monday, have requested the annulment of the process during the phase of preliminary questions. After nine years of judicial investigation, they still do not have access to all the documentation handled by the judge, despite the claims they have made since the investigation began. The lack of documents prevents some lawyers from being able to determine if the facts that are imputed to their clients have prescribed or not, but they also allege the inaccuracy of the facts and the undue delays to request that the case be dismissed.

Not only the defenses ask that the case return to the investigating court. The prosecutor and the lawyers of the private (Junta de Castilla y León) and popular (PSOE of Castilla y León) accusations, have adhered to the petition, given the possibility that if the trial goes ahead, it will end up annulment for violating the right defense of the accused.

The president of the court has suspended the hearing, which will resume on Tuesday at 9:30, and in which it will be reported if the return to the investigating judge is agreed so that the judicial secretary can provide the missing documents or certify that they are. He delivered.

The investigation, which began in 2013, brought to light alleged crimes of bribery, prevarication, revelation of secrets, money laundering, and embezzlement of public funds in the purchase operation of a building for the Ministry of Economy for which an extra cost was paid millionaire, and that would have benefited real estate entrepreneurs who were related to the dome. However, the judge ended the investigation without resolving several unknowns “due to lack of time.”

The situation is similar to that which occurred with the ‘Caso PGOU de Valladolid’, instructed by another court that did not deliver all the proceedings to the defenses either, so the case returned to the judge. By the time all the lawyers had their documents complete and the trial resumed, the statute of limitations had expired for most of the defendants.