He will therefore appeal the decision of the judge who orders him do not consider him as “wronged” in this legal casein which alleged irregularities are being investigated in several contracts awarded when Ábalos headed the Ministry of Transport and the alleged collection of illegal commissions through them.
This Wednesday, the judge of the National Court Ismael Moreno denied the former minister this condition that he had requested. José Luis Ábalos based his request on the Continued leaks of personal data yours included in the case summary and which affect your privacy.
He also complained about the internal audit ordered by his successor in Transport, Óscar Puenteabout these awards. Judge Moreno has already included the report containing the conclusions of this audit in the summary of the case, but, according to Ábalos, it presents “clear biases” and tries to designate it to cause “damage” and “avoid other responsibilities.” It is for this reason that she intends to defend herself legally against the content of this file.
In fact, the former head of Transport sent to the National Court an expert report ordered by him and signed by a lawyer who is an expert in Compliance, with which he is trying to discredit the audit ordered by Puente.
Thus, in a conversation with EL ESPAÑOL, the former minister’s lawyer confirms that he will present an appeal for reform against the judge’s refusal. This type of appeal is filed before the judge who signs the contested resolution. This is Ismael Moreno, president of the Central Court of Instruction number 2 of the National Court.
However, if this first attempt fails, Ábalos’ lawyer will appeal to the higher court than that of the instructor, the Criminal Chamber of the National Courta three-member tribunal that can revoke Ismael Moreno’s criteria.
According to his lawyer, the decision of the monitor not to consider him as injured leaves his client “in a legal vacuum”. This is why his defense will try to “avoid the lynching” of the former minister, about whom rumors of a possible accusation are multiplying.
“But the judge [Moreno] can perfectly well grant him the status of injured person now and, later, if he considers it, request that [Ábalos] be investigated,” his lawyer told EL ESPAÑOL by phone. If that were the case, Moreno would have to request his indictment from the Supreme Court, since, by continuing to be a deputy in Congress, José Luis Ábalos is qualified before that court. Currently, he is a member of the mixed group of the Lower House.
Before deciding on the appearance of José Luis Ábalos, the investigating judge of Koldo case He asked the anti-corruption prosecutor’s office for advice. The prosecutor in charge of the case, Luis Pastor Motta, opposed the former minister’s request.
According to Ábalos, as he expresses it in his writings, the audit ordered by Puente is “instrumental” and asked him to “avoid other responsibilities.”
However, Judge Moreno responded on Wednesday that “to acquire the status of injured party in criminal proceedings a higher one must be required “that of simply being affected by the facts which are the subject of an investigation or by certain due diligence which has been carried out, as is the case here, since the audit report drawn up by the services of the Ministry of Transport has been integrated into this procedure”.
“The aforementioned audit report cannot be considered as a circumstance that accompanies or arises from the commission of the crimes under investigation; it is another piece of evidence, which must be evaluated in order to determine the reality of the crimes and the persons who may be responsible for them and this cannot in any case give rise to harm to the person” concluded the magistrate in the order in which he denied Ábalos such a condition.
