The Madrid Prosecutor’s Office asks the Court of Instruction number 29 of Madrid to archive the complaint filed by Francisco Franco Martínez-Bordiú against the head of the conservation service of the Directorate of the Royal Collections of National Heritage, Pilar Benito García. He considers that the report he wrote on the ownership of the assets in the Pazo de Meirás “was legally protected” and that there was no criminal offense in its preparation. The Public Ministry adheres to the appeal for reform presented by the State Attorney’s Office and demands the filing of the procedure, according to a letter of July 23.
The judge rejects the request of the Franco family to remove the furniture from the Pazo de Meirás in the hands of the State
In the text, according to Europa Press, the Prosecutor’s Office agrees with the arguments of the State’s legal services, which argued that the facts described in the complaint “do not constitute the crimes reported” and asked to revoke the order that admitted the complaint. The Franco family accused Benito García of having committed a crime of prevarication, procedural fraud and documentary falsification due to the report dated November 27, 2020 and of a crime of revealing secrets due to its dissemination in elDiario.es on the 7th. December 2020.
The Francos accuse Benito García of carrying out a false report within the procedure that is followed in the Court of First Instance of A Coruña with the intention of harming them and outside of the assigned functions. The head of the conservation service assures in the document that the furniture listed in it and inventoried in the Pazo de Meirás, come “without any doubt” from National Heritage and from foundations or agencies dependent on that entity, and that therefore, would be owned by said public entity.
In its brief, the Prosecutor’s Office understands that the report prepared by Benito García “was legally protected, within the aforementioned procedure, without supporting any type of arbitrariness in its preparation, as it was the consequence of a jurisdictional mandate in relation to a procedure concrete and without therefore being able to argue the concurrence of any criminal offense in its elaboration “.
Regarding the Franco family’s complaint that the report was published in the media, the Public Ministry assures that “it has not been possible to indicate any type of participation of the investigated in the leak” and recalls that “many other people” had This report has been available since it was sent to the Xunta de Galicia, it was presented to the Court and published in the media.
In this sense, the Prosecutor’s Office insists that “there are only mere suspicions or conjectures”, but that this is not enough to “legitimize the criminal investigation, as it is prospective, and the complaint must also be inadmissible for these facts.”