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The second vice-president of the Government, Pablo Iglesias, has appealed to the Criminal Chamber of the National Court the order of judge Manuel García Castellón in which he withdrawn his condition of injured in the piece 'Dina' of the known as 'Villarejo case' , since he believes that the magistrate has made the decision without "any factual basis whatsoever" and without "legal basis".
In his appeal, the defense of Iglesias maintains that from what has been investigated so far, it cannot be concluded that the also leader of Podemos returned the card of his mobile phone to the one who was his adviser, Dina Bousselham, since it stated that "initially it will work, " or hide it from him.
For Iglesias, the publication in the media of part of the content of Bousselham's mobile card has been used "to try to discredit him, being harmed by said actions, and therefore his condition of being harmed must be maintained" in this procedure.
The vice president's appeal is signed by a lawyer different from the one that had been his lawyer, Marta Flor, who in turn represents the former adviser to Podemos, a fact about which the head of the Central Court of Instruction number 6 had already alerted "conflict of interests".
In its appeal, the defense of Iglesias insists that "from the practice of the procedures carried out " it has not been possible "to prove yet that the theft of the mobile" from Bousselham, in the autumn of 2015, "was a casual event or deliberate action, aimed at obtaining sensitive, private and intimate information "about the vice president," in order to politically harm him, and therefore, without discarding that hypothesis. "
"SERIOUSLY HARMFUL" FACTS FOR CHURCHES
In his opinion, given that this criminal case is investigating a criminal organization in which the retired and provisional prison commissioner José Manuel Villarejo "allegedly received commissions and one of them was, presumably, participating in information intoxication maneuvers, and even in some In the cases of creation and dissemination of smear media campaigns, and given the correlation of dates and cited indications, all the actions that have occurred since the theft of the mobile phone are seriously detrimental to Podemos and its members, particularly to Iglesias, the publications carried out by the media communication, there is no doubt that there is no element that has fallen that makes it lose the status of injured. "
The writing recalls that Iglesias "does not have any condition of being investigated nor has he been denounced by any person affected by the crimes investigated" in the piece about the theft of Bousselham's phone, number 10 of the macrocause.
At this point, the defense goes on to explain why it considers that the investigating magistrate has reached certain conclusions about the leader of Podemos, in his opinion "lacking any factual basis, as well as a legal basis."
Regarding the conclusion that Iglesias would have kept the card in a certain time before returning it to his former advisor "in relation to the date of creation of the copies obtained in the registry" of Villarejo's address, the letter emphasizes that García Castellón "It is obvious that these are copies made prior to the journalistic use of the files and that, in any case, they come from a previous source in December 2015," before the president of the Zeta Group, Antonio Asensio, delivered the support to the leader of Podemos after he arrived at the editorial office of the Interviú magazine .
All this, he adds, "in no way eliminates the condition of being harmed by the elements that are published, conversations of which" the now vice-president is part and that expressly reproduce his interventions. "The fact that these original source files have not been obtained only proves the existence of a previous source, but in no way do they prove an alleged prior possession by my client, of any access to the merited files when the primary source is from December 2015" , Explain.
In this sense, the defense criticizes the magistrate for maintaining, "without any evidence whatsoever", the "supposed originality of the card received" by Iglesias and delivered to Bousselham, something that "is still a hypothesis lacking any foundation in what working in the cause ". And for this reason he insists that the possibility that the copies of the card had been made in 2016 "in no way alters the position of the injured party" of the vice president "in the face of the revelation of secrets."
Regarding the handing over of the card to Bousselham by Iglesias months after he obtained it from Interviú , the document maintains that "in no way has it been proved or even indicatively" that the Podemos leader "concealed any other damaged element whatsoever, insofar as it was delivered before or after ", it states that" it was always a voluntary action, without any requirement ", which, in his opinion, shows" the absence of any concealment beyond the fact that it took more or less time "
NOBODY IN THE COURT WARNED OF THE DAMAGES OF THE CARD
And as for the statement by the instructor that Iglesias would have returned the card to his former adviser damaged, the defense stresses that "not only is there no such element of evidence in the case, but on the contrary, there are very different elements and contrary to the merited statement. " According to the writing, Bousselham "has never referred to this alleged damage status", but only indicated that the support "did not work without full access" to it.
"He has even specified that after having initially agreed, later it did not work, but neither that it was delivered destroyed, nor damaged, but merely that it did not fully work," he remarks, to highlight after the card was provided to the court "without anyone noticing any external damage to it, neither by the investigating judge himself, nor by the lawyer of the Administration of Justice or by the officials who access it on different occasions".
"It does appear that the card initially worked, or at least, the contents of it could be partially accessed by Doña Dina, and later said card did not work completely, but it was never appreciated that it was damaged or destroyed or even burned as it has come to be affirmed, and when it has not even been so stated in more than a year of presence before the court, and even in proceedings related to said card, it is risky the conclusion that is challenged in the present of how , when and of course by whom these damages could have been produced, "he explains.
For the defense of Churches, Judge García Castellón makes a "hypothesis alien to the nature of the present case" that also "exceeds the assessment of the condition of the injured party, in addition there is no such element as evidence of damaged return of the card for this part. "
According to the criteria of The Trust Project
Know more- We can
- Pablo Iglesias
- Dina Bousselham
- José Manuel Villarejo
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