The PP has appealed to the judge in charge of the appeal Koldo case to prevent the prosecution from defending Jesus Gomez GarciaThe latter, one of the accused in this case, is also the former undersecretary of the Ministry of Transport, whose current head, Óscar Puente, was dismissed last Friday for “loss of confidence.”
Before learning of his dismissal, Judge Ismael Moreno admitted that, for the moment, the Public Ministry was representing Gómez García in this case. This, although in the future there could be a “conflict of interest” if it turns out that another (or others) of the persons under investigation have committed an act tax fraud offense.
This would cause the Tax Agency (AEAT) could present itself as an injured party in this case. And who should defend the Treasury? The State Attorney General, who, by then, if nothing prevents him, would represent one of the accused, the recently dismissed Undersecretary.
In the call Koldo case Alleged receipt of illegal commissions through company allocation under investigation SL Management Solutions multi-million dollar public contracts for the supply of masks at the start of the Covid-19 pandemic. They were signed when Jose Luis Abalos He was Minister of Transport.
However, in a document that EL ESPAÑOL had access to, the PP, which is exercising the popular accusation in this case, cites the audit ordered by Puente on these contracts signed by his predecessor, the conclusions of which were put forward by this newspaper and which led to the dismissal of the number 3 of Transport.
The Popular Party emphasizes that “the facts attributed to Mr. Gómez García could be legally qualified (…) as crimes against the public administration.”
“It is incomprehensible how the Public Prosecutor’s Office can defend persons under investigation for crimes that violate precisely the legal rights that the Public Prosecutor’s Office must defend (among others, the proper functioning of public administration),” he adds.
The PP stresses that the dismissal of the Undersecretary of Transport, decreed by Oscar Puente, should “annul the decision” of the judge to allow the legal profession to defend Jesús Gómez García.
On the other hand, the Popular Party warns that, “despite being public and known, the impact that this case has on the interests of the State due to the investigation of facts of criminal scope that, among other things, could have affected the “State coffers”, the tax authorities have not yet requested to appear injured. Therefore, they ask the judge to offer it to them.
“Your acceptance [de la AEAT como acusación particular] This would mean his appearance as the accusing party, his representation undoubtedly corresponding to the prosecution,” warns the PP, before warning of the possible conflict of interest that would arise if the judge did not reverse his decision.
The anti-corruption prosecutor’s office also warned about this problem in a report. The same was true for another of the popular accusations in this case, the association LiberumThe latter asked the judge to call the current minister Óscar Puente as a witness to clarify why Gómez García was fired and what this “loss of confidence” is based on.
