The "very poor accusation" and other reproaches of the court to the "surprising" performance of the Prosecutor's Office in the 'Bankia case'

• Bankia case. The hearing acquits Rodrigo Rato and the other 33 defendants in the 'Bankia case': "The Bank of Spain supervised the process"

• Who is who in the 'Bankia case'?

Many of the 442 pages of the

ruling

include harsh criticism of the actions of the Public Prosecutor's Office, with which the National High Court had already clashed during the trial.

On numerous occasions during the oral hearing, the president of the Fourth Criminal Section,

, had had run-ins with the prosecutor in the case,

, due to the scope of the interrogations she undertook.

Also the medical discharge of the prosecutor during the trial and the refusal of

-

to replace her had generated tensions due to the delay that it entailed in the oral hearing.

Beyond the massive acquittal with which it concludes, the sentence clearly reflects that confrontation.

Not because of the arguments to discard the prosecutor's thesis, but because of the harsh language with which she recreates what she considers to be an unfounded or incoherent action.

The main criticisms revolve around the controversial decision to announce at the beginning of the trial that he was going to raise the number of accused from four to 14 and that he was going to add a new crime.

The opinion that this generated in the magistrates gives a good account of this sentence of the sentence: "In short, in the very novel accusation of the Public Ministry maintained in its final conclusions, which deviated so much from those provisionally formulated, which was also striking for this Court it is that such a radical change was not based on any evidentiary activity practiced in the plenary, complementary to or different from that carried out in the course of the five years that the investigation of the case lasted ".

"Clear violation"

The decision to add the crime of falsification in the accounts to the one that had already been scammed investors was based on a new jurisprudence of the Supreme Court, according to the prosecutor.

The court not only disagrees, but also points to a violation of rights by the Public Ministry: "It seems evident that if there had been a change in the jurisprudence of the Supreme Court that the Public Prosecutor maintains such a mutation, that it would become a true modification against the accused, it would be very difficult to apply to the facts that are the object of this procedure, given the imminent risk of incurring in a clear violation of the right to criminal legality. "

Regarding the decision of the Prosecutor's Office to accuse for falsehood in the 2010 accounts, there are other reproaches of the Chamber that make memory of the previous encounters.

The magistrates regret that Anti-Corruption insists on accusing, despite the fact that during the trial they already indicated "over and over again, ad nauseam" that this matter was not being tried.

"Surprisingly, also at this point, the Public Prosecutor's Office changes its criteria, without explaining why it now understands that Article 120.4 of the Penal Code is applicable, and without quantifying what amount it is claiming, or on behalf of who it is claiming," the magistrates say about another change. position related to civil liability.

"Simple speeches"

In general, the court criticizes that he has presented accusations for which he did not have a minimum of probative support.

For example, by accusing Rodrigo Rato and José Luis Olivas of presenting accounts hiding impairments.

The court disagrees, but is not limited to an aseptic has not been proven.

He says, however: "It is not true. We are facing simple absolutely improbable speeches that also start from a premise that is not obedient to reality, which is the existence of hidden deterioration in the accounts."

On occasions, the Chamber suggests a certain bad intention from the Prosecutor's Office, which it accuses of evading data before it: "All these points that we consider proven have not been denied at any time by the accusations, given the strength of the profuse documentary evidence repeatedly exhibited and explained in the plenary act. Rather, it has been tried to ignore it in a futile attempt to ignore such forceful data, impossible to ignore. "

In general, the Hearing criticizes the Prosecutor's Office for being vague in attributing alleged criminal activities to the accused, without specifying them.

The magistrates highlight "the very few references that are made to the people subjected to our prosecution, an unavoidable consequence of the absence of concrete facts imputed by the Public Prosecutor's Office and other accusations to the accused, the same ones, to whom they are dedicated, at best of the cases, generic attitudes, which have no place in an account of proven facts of a conviction and of course prevent the accused from adequately defending themselves against something so ethereal, so abstract, so indefinite, as is the observance of an attitude ".

"Poor Accusation"

"As a culmination of what has been stated so far," the Chamber continues along the same lines, "it is also remarkable the absence of specific mentions to the accused persons, who sat on the bench intended for them [...]. Nobody named them, neither for good nor for bad, so that most of the accused persons fell into oblivion during the Oral Trial, only their identities were remembered by the Public Ministry in the process of definitive conclusions to direct now his accusation against those that he previously accused and, in addition, against those he did not accuse, members of the Audit and Compliance Committees of BFA and Bankia without our knowing for sure on the basis of what led to such a change in position shown by the public prosecution " .

But where the court criticizes the Prosecutor the most is in the expansion of the number of defendants, with no basis for it.

"We will do it briefly because the accusation that weighs on all of them equally, assigning them the same generic conduct, without specifying a single concrete fact, in the briefs of provisional conclusions of the particular and popular accusations and in the definitive conclusions of the Public Prosecutor's Office and of the the other accusing parties turns out to be very poor, without any kind of palliative ".

"Devilish test"

The court delves into criticism of the new accusations from the Prosecutor's Office.

It refers, for example, to "a total absence of the slightest evidentiary support necessary to support such an accusation directed against the vocal members of the Audit and Compliance Committee of BFA. It seems to us resounding, since not a single piece of information is detailed that could lead us to even harbor the mere founded belief that these defendants left their functions. "

The magistrates culminate their criticism by highlighting the case of the former counselor and former secretary general of the PP Ángel Acebes, one of the last-minute defendants of the Prosecutor's Office: "The court does not manage to understand where the Public Prosecutor's Office and other adhered accusations derive the novel existence of this coordination between this defendant with the members of the senior management of BFA and Bankia, which was never raised before, and now they want to question, in the process of definitive conclusions, nothing less, without any possibility for those affected of at least being able to try the proof -of course, diabolical- of the nonexistence of the strange

, and not even, possibility of contradiction before the so unexpected and surprising accusation ".

According to the criteria of The Trust Project

Know more

• Supreme court

• Angel Acebes

• Rodrigo Rato

• PP

• Jose Luis Olivas

• National audience

• Black Cards

Politics The government parties and their allies charge against the judicial leadership "kidnapped by the right" and "split from democratic legality"

BankiaVía case free so that Rato can leave prison in semi-release after his acquittal

CAIXABANK AND BANKIA We can "press" so that the State always remains a partner in the great merger and enters into management

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