Anti-Corruption Courts ask the judge to impose a bail of almost 900,000 euros on Luis Medina
Courts The statement of the Malaysian businessman San Chin Choon, the last piece of the investigation into the sale of masks to Madrid
The aristocrat Luis Medina has presented a brief before the head of the Investigating Court Number 47 of Madrid,
Adolfo Carretero
, where he charges harshly against the City Council led by the
popular
José Luis Martínez-Almeida in the case of the
ball
of the masks.
In the appeal, to which EL MUNDO has had access, Medina's lawyer maintains that "it cannot be accepted that the Madrid City Council is a private prosecution in a matter where it has agreed to the contracts under investigation, signing them and at no time revoking them or denouncing them, having been satisfied with what he has obtained from them", referring to the medical material to fight against Covid-19 in the first wave of the pandemic.
Moreover, the lawyer Carlos Texidor affirms that "it is not clear from the proceedings that the City Council has been affected or harmed by the facts investigated" despite the fact that the magistrate offered criminal actions to the Consistory, which has decided to appear as a private prosecution in the procedure opened in the courts of Plaza de Castilla (Madrid) where crimes of aggravated fraud, money laundering and document fraud are investigated.
To affirm this, Medina's representation highlights that "according to what was declared by Elena Collado, general coordinator of Budgets and Human Resources of the Treasury and Personnel Government Area of the Madrid City Council before the Anti-Corruption Prosecutor's Office on March 16, 2021 , the truth and truth is that in terms of the masks there was no problem since they were all received, they were of the quality they expected and he even stated that the price seemed cheap to him, as the same type of masks were in the market at that time. market at 40 euros".
In addition, the lawyer for Naty Abascal's son recalls that the City Council did denounce the New York-based consultant Sinclair and Wilde, which had sold 500,000 defective FPP2 masks to the City Council and specifies that it did not do so in his case.
On the other hand, regarding the gloves, which were indeed defective and led the City Council to make a claim for fear of being scammed, the commission agent emphasizes that "they were not of the quality that was expected" and, for that reason, from the Consistory businessman Alberto Luceño was urged to "solve the problem, proceeding in a few hours to return the amount of 4,025,000 euros, which was the difference between the gloves that had been ordered and those that had arrived."
On this point, the defense of the Marquis of Villalba affirms that "it is very important to highlight that Mrs. Collado found the price of the gloves that they finally acquired to be adequate" and that "the matter was concluded" since "the City Council satisfied with the solution,
“All this conclusively proves that the Madrid City Council has in no way been harmed by the contracts investigated, since all the masks arrived, which were of very good quality, the difference was returned for the gloves (acquiring those sent because they were at an adequate price) and, as for the tests, there is no record that once the reagent was received they did not work, notwithstanding the fact that to date no claim has been filed for these contracts, reliable proof that the Consistory was in agreement with them and with the result", concludes his defense.
Likewise, Medina predicts that the Consistory of Almeida may end up being investigated by Judge Carretero, which is why he asks the togado to annul his appearance: "It must also be taken into account that this matter is beginning to be instructed by the Court and , that the City Council is one of the signatory parties of the investigated businesses (fully accepting and initialing them), and in the event that the proceedings show that an irregularity has occurred, the responsibility could fall on said Institution, for which is not the appropriate procedural moment to appear in person or have as a private accusation, a party that, due to its participation in the contracts, may end up being investigated".
In the appeal, Luis Medina's lawyer asks the instructor to impose a bail on PSOE, Podemos and Más Madrid to be able to act as an accusation in the procedure and to force them to act under the same legal direction "since they are all political parties whose actions could lead to a repetition of unnecessary procedures and procedural acts that, without a doubt, would produce an excessive delay in the process to the detriment of the person under investigation, giving rise to a violation of the right to a procedure without delay".
Texidor emphasizes that "the general doctrine that the Supreme Court is following is to understand that popular action
entails the provision of a bail, which must be proportionate and equitable and
that in recent years the imposition of the same has been generalized in an amount of 12,000 euros.
"This has happened in cases such as that of the Vox party, where this amount was imposed, in order to continue with the lawsuit filed against the President of the Government, Pedro Sánchez, and the State Attorney General, Dolores Delgado, for a traffic crime. of influence, or as in the case that they had to pay the same amount to sue the President of the Government for an alleged crime of document falsification in relation to his doctoral thesis", he adds.
Luis Medina's brief coincides with the request of the Anti-
Corruption Prosecutor 's Office to impose a
bail
of 891,227 euros on the Marquis of Villalba
to ensure his pecuniary responsibilities in the event that he was convicted of fraud.
Similarly, PSOE, Podemos and Más Madrid have requested various precautionary measures aimed at seizing the businessman's assets to deal with possible civil liability.
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