The plenary session of the Civil and Criminal Chamber of the Superior Court of Justice of Madrid will decide on October 8 whether to admit for processing the complaint for crimes of prevarication filed with the public prosecutor’s office by the president of the government, Pedro Sánchez, against the judge who is investigating his wife, Begoña Gómez.
According to judicial sources, the deliberation, in which five judges participate, including President Celso Rodríguez, will be based on the presentation prepared by Francisco José Goyena. Its result will be known a few days later, already in the form of a resolution. The Prosecutor’s Office supported admission for treatment.
The initiative is based on the summoning of Pedro Sánchez as a witness in the trial against Begoña Gómez. The judge denied his request to make a written statement, as the law allows government authorities, because he was summoning him as a husband and not as head of the executive branch. However, this allowed him to appear at the Palacio de la Moncloa rather than in court, in accordance with his position.
It is here that the President of the Government and, on his behalf, the Public Prosecutor’s Office, consider the act of prevarication illegal, since they understand that the summons in person, approved by the deputy judge of Peinado, Carlos del Valle, was a unjust decision that was knowingly adopted. The initiative also affects the other magistrate and if successful, both could be removed from this procedure.
This will be the second complaint against the Begoña Gómez case instructor that the TSJ analyzes. This Tuesday, the admission for processing of that presented by an individual, the communicator Máximo Pradera, who pointed the finger at the judge for revealing secrets, was deliberate and failed. In this case, the public prosecutor took a position in favor of rejecting the request outright, that is to say without even examining the merits.
Then, Gómez’s complaint
The third deliberation will come later, on the admissibility of the complaint that he also filed against Judge Begoña Gómez and which is a modification of the entire instruction with a story that challenges decision to decision to support his thesis according to which is a general case and therefore prohibited by the judicial system. The prosecution also supports that the file be admitted for processing.
Given that the Provincial Court of Madrid suspended this Monday, due to an error in the processing of documents, the deliberation on an appeal by Gómez’s defense which requested that the file be archived, the solution adopted by the magistrates of the TSJ regarding the future of the complaints against Peinado will arrive before his double instance corrects or ratifies the steps he took in the investigation.
