The judge of the 'Villarejo case' accuses the Prosecutor's Office of trying to "exonerate" Pablo Iglesias

• Justice: the judge discards the forgiveness of the former adviser to Iglesias and forces her to change her lawyer for being a victim of the crime
• 'Villarejo case'. Iglesias wanted to convince the judge until the end of the false plot against him
• 'Piece Dina'. The judge investigates in the United Kingdom the destruction of the card that Iglesias returned unusable to his former adviser

"If it is not coherent to use an implicit will to dispense by who in the process is constituted as a private accusation, it is also not deemed appropriate at this time, to seek an exculpation, against whom the process has not even been called as investigated."

This is how magistrate Manuel García Castellón responded this Friday to the Anticorruption Prosecutor's Office for pointing out that the former adviser to Pablo Iglesias, Dina Bousselham, had already granted the Vice President of the Government the "tacit forgiveness" required by law to "excuse him" for the possible crime of revelation of secrets or computer damage that is investigated in this separate piece of the Villarejo case for the theft and destruction of the mobile card of the former employee of Podemos.

In the order, the judge forces Bousselham to appoint a new lawyer for the manifest conflict of interest with Iglesias in the procedure where the theft of his mobile phone is investigated. Since the beginning of the investigation for this separate piece, Iglesias and the former Podemos adviser have been represented by the same lawyer, attorney Marta Flor . However, since investigators detected that Podemos's own leader could be responsible for the destruction of the stolen mobile card, the magistrate has seen an "unsustainable" conflict of interest between the two.

The Office of the Prosecutor, who urged the judge to withdraw the status of the injured party in the procedure from the Vice President of the Government, has, however, been against forcing Bousselham to change his legal representation, considering that "the rights of the victim are fully available to the victim, since she has the fundamental right to choose a trusted lawyer, as well as the right to expressly forgive her. " That's where the friction arises between the magistrate and the Anti-Corruption prosecutors.

The anti-corruption arguments

While the judge understands that Iglesias' action is criminally prosecutable, the Prosecutor's Office considers that once the pardon of his former adviser has been granted, it is not possible to investigate him, because Bousselham does not want to proceed against him, as he hinted in the letter he sent to the National Court changing version and pointing out that Pablo Iglesias gave him the mobile card without harm, according to sources in the case to EL MUNDO. However, the instructor considers the crime of computer damage to be prosecutable, despite the fact that there is a handicap that Iglesias is being adjudicated before the Second Chamber of the Supreme Court.

Judge Manuel García Castellón considers that the director of the website La Última Hora has not granted an express pardon provided by law to the Vice President of the Government and refers to the need to "guarantee Dina Bousselham's claim on her legitimate right to exercise the action and clarify the crime, in front of a representation determined to limit this action. "

"The Public Ministry puts the focus of attention on the different versions of Dina Bousselham, sometimes contradictory, and tries to infer from it a tacit exculpatory will regarding Mr. Iglesias. This magistrate, on the contrary, considers that in no case can this be deduced Interpretation As stated in the Second Chamber Judgment of the Supreme Court 225/2020, of May 25, 2020, the witness has the obligation to testify when exercising the criminal action in the same procedure, since in those cases it would be contrary to the principle not to go against one's own acts that someone can activate the mechanisms of the Administration of Justice and at the same time pretend to hinder its realization and this is precisely what seems to come out of the writings, when trying to maintain an incompatible balance, between following go ahead with the cause and prevent it from being directed against Mr. Iglesias, "stressed the togado.

"Vexatious nature of the facts"

For the judge, the victim has shown in his action "an unequivocal will to clarify the facts investigated", since "the removal of the card and his fate has been and continues to be a core element of the claim for the victim. Given this, Dina Bousselham demands an answer from Justice ".

The instructor concludes that his "obligation is to protect the effectiveness of the rights of those who attend the process, whatever their condition." "Attending to the circumstances of the specific case and guaranteeing the effectiveness of the rights of those who are part of the process is inherent in the condition of an independent, immovable, responsible judge and subject to the rule of law, but it is also an express obligation of the courts and tribunals, who are called to protect the rights and legitimate interests, individual and collective, without in any case helplessness can occur, protection that is especially reinforced when dealing with a victim, "he adds.

In the resolution, the head of the Central Investigating Court number 6 of the National Court affirms that "it is important to highlight the particularly degrading and vexatious nature that the facts that have been known have for Dina Bousselham, as she herself has stated, while that violates their privacy and their assets. " The reason is that a large number of intimate images of the former Iglesias adviser were stored on that memory card.

The crimes investigated

In recent weeks, through two different cars, the instructor of the National Court has revealed that Vice President Iglesias was able to commit a crime of computer damage by staying for months with his Bousselham phone card and giving it to him useless, which makes him the main suspect in their destruction, despite Dina's continual change in the version of events, described by the judge as "a balance incompatible" with her condition as a victim.

If the former Podemos consultant does not appoint a new lawyer, the National Court will award a legal aid attorney as soon as the order becomes firm.

In accordance with the criteria of The Trust Project

• Dina Bousselham
• National audience
• We can
• Pablo Iglesias
• José Manuel Villarejo

Anticorruption Justice asks the judge to withdraw the vice-president Pablo Iglesias the condition of victim in the 'Villarejo case'

Politics The PP requires Iglesias to explain the destruction of the SIM card of his adviser: "He has managed to muddy everything around him"

CourtsThe former adviser to Iglesias saves him and now tells the judge that he gave him the stolen mobile phone card without destroying

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