The indications that accumulate about the participation of the leadership of the Popular Party in the parapolice operation aimed at sabotaging the investigation of the case of its box B will not be investigated, at least for now. The judge in the Kitchen case, Manuel García Castellón, has once again disregarded the evidence that the president and general secretary of the PP During the espionage of Luis Bárcenas, they knew, if they did not encourage or protect, that police officers committed crimes and paid with reserved funds for the attempt to make evidence of the irregular financing of the party disappear, as well as the collection of bonuses by the Mariano Rajoy themselves. and María Dolores de Cospedal, among other leaders.
García Castellón's latest decision to leave the Kitchen case in an operation designed and developed exclusively in the Ministry of the Interior consists of rejecting the appeal of popular accusations and the Anti-Corruption Prosecutor's Office to investigate the audios published in recent months. In the most forceful of them appears María Dolores de Cospedal asking Commissioner Villarejo, at the beginning of 2013, to prevent the angular evidence of the box B case from being published of the PP, "the little book", as she herself calls it in the audio. These are known as the 'Bárcenas papers', which ended up coming to light in November of that year in the pages of 'El País'.
The determination to stop investigating what the Anti-Corruption Prosecutor calls the "political connection" of the Kitchen case includes not citing Cospedal as investigated, nor the number two of the Interior, Francisco Martínez, contrary to what the Public Ministry had requested. Martínez appears in several of the new audios conversing naturally with Commissioner Villarejo about the knowledge and participation of the general secretary and the president of the Government and the party, Mariano Rajoy, in the illegal espionage of the former treasurer of the PP. The recordings were made while the espionage was happening.
The opening of a "subpiece", also denied by the judge, and the citations as defendants of Cospedal and Martínez had been measures requested by the two prosecutors in the case in light of the new evidence. The judge only agrees to create a new piece of the Villarejo case, number 34, different from Kitchen, to find out if those audios were really recorded by Villarejo, something that the Prosecutor's Office already reasons in detail in his 72-page brief.
García Castellón adopts the decision not to investigate the PP while he extends any investigation that has to do with Podemos without the warnings from the Prosecutor's Office, in this case from the National Court, or the Criminal Chamber, which make a dent in his strategy. reproaches carrying out “prospective” investigations and exceed all limits when it comes to left-wing formation.
It is also a public institution, the Public Prosecutor's Office, and not a political leader or a media outlet, who left in writing one of the most serious and disturbing accusations against a judge of the National High Court that have been made in the framework of a summary that it is not directed against him: García Castellón does not want to investigate the evidence against clear suspects, at that time the president of the country and of the PP, Mariano Rajoy; and the number two of the ruling party, Cospedal.
The accusation appears in the appeal of the Anti-Corruption Prosecutor's Office against the "surprising" closure of the Kitchen investigation that García Castellón issued at the gates of August 2021. The prosecutors strove to detail all the evidence against Cospedal, to explain why his statement at the National High Court "was not credible", they denounced that the investigation had ended with relevant witnesses yet to appear...
The prosecutors concluded that the indications against the politicians of the Ministry of the Interior (Jorge Fernández Díaz and Francisco Martínez) and against the police commanders of that political brigade of the PP were more "evidence" than the existing ones of the "political connection" of the operation, but why not investigate the clear evidence against Cospedal?
The conclusion appears on page 67 of that letter from September 2021: “What it seems is that this step is not wanted to be taken. There is a resounding refusal to continue investigating in that direction, as if a cordon or unacceptable red line had been established that could not be crossed in the investigation. Kitchen, in the instruction, it is not more than this, it is even said by the instructor after describing the facts that were known at the beginning of the separate piece number 7 [Kitchen]”.
As reported by elDiario.es, the Prosecutor's Office now refers to three different recordings to request the imputation of Cospedal. However, García Castellón affirms in his order this Wednesday: “The sustenance of the accusation is reduced almost nuclearly to a few minutes of an audio cut whose origin is unknown, but also any circumstance and context. Based on an affirmation made by Mrs. Cospedal, the inference reached by the accusations is made, a conclusion that cannot be shared with a minimum of procedural rigor.”
"The notebook would be better to be able to stop it", says Cospedal in 2013 to the commissioner to whom her husband, with her present and in his office on the noble floor of Genoa, had commissioned "specific work" in the framework of the sabotage of the Gürtel case, prior to the case of box B. Audios and annotations of the commissioner –the Police themselves confer total credibility to the personal diary of the commissioner– are consistent, as Anticorruption insists on accrediting in its extensive writing. And the audios come from Villarejo because the businessman Javier Pérez Dolset acknowledged it to Internal Affairs, who handed them over to the Police after obtaining them from the commissioner's lawyer, according to what he declared at police headquarters.
As he did on July 29, 2021 in the first death blow to the investigation of the political nexus of the Kitchen case, García Castellón now reiterates: “This instructor, repeatedly, has made mention in various resolutions, regarding the circumstantial insufficiency that in the criminal process it supposes supporting accusations on the basis of chopped recordings, decontextualized and of unknown origin.”
García Castellón was able to ask Francisco Martínez, number two of the Interior, about Cospedal. He took eight months to answer the request of the Prosecutor's Office, of September 2020, to charge her for the first time. His argument was that he should first ask the Secretary of State for Security. But when he had the opportunity, he conducted "a profuse" interrogation in which the judge did not ask a single question about Cospedal. Martínez refused to answer questions from the Prosecutor's Office.
The last decision of García Castellón can be appealed before the Criminal Chamber, which has been correcting the judge severely in cases like Dinah either the alleged irregular financing of Podemos, but which endorsed the closure of the investigation and the filing of the case against Cospedal. While this is happening, the judge has taken advantage of his order this Wednesday so that they present their conclusions within 10 days "with a warning of the consequences provided for in article 215 of the Lecrim." These writings must be limited to the limits of the Kitchen case set by the judge: an operation in whose apex are the former Minister of the Interior, Jorge Fernández Díaz, and his number two, Francisco Martínez, both already out of the PP, and of which Rajoy and Cospedal would have known nothing.