The hundred of particular accusations personado in the cause that investigates the management of the old cupolas of the Popular Bank hurries the term authorized by the judge of the National Hearing Jose Luis Calama to group itself, and to simplify thus the development of the procedure.
According to legal sources have informed Efe, the central court of Instruction number 4 has already received the first arguments to the proposal of the magistrate, supporter to reduce the number of accusations from the current 103 to ten, to the maximum, as it was transferred in the past Thursday.
With his decision, the judge sought "not to delay further a procedure involving a high number of alleged injured parties", mostly shareholders, whose investment in the Popular was reduced to zero on the resolution and subsequent sale of the bank to Santander on June 7, 2017.
"It is clear that the instruction of the present case, with such a number of representations, is bound to be ungovernable, so grouping the representations and defenses will prevent injury to rights and judicial protection," said Calama, who gave all of them five days of term.
Article 109 bis of the Law on Criminal Procedure (LECrim) provides that, in cases where "there is a plurality of victims, all of them may appear independently with their own representation".
However, "when the good order of the process or the right to a trial without undue delay can be affected, the judge or tribunal, in a reasoned resolution and after hearing all the parties, may impose that they be grouped in one or several representations and that are directed by the same or several defenses, by reason of their respective interests ".
Although at the moment they are counted, among the writings that are in the power of the National Hearing is that of the lawyer Felipe Izquierdo, who in addition to being "the first plaintiff and the first lawyer", is directly affected.
The lawyer, who filed "the first civil lawsuit against the Popular" and obtained "the first ruling of the Provincial Court of Barcelona, also favorable", refers to his criminal record on economic issues such as Abengoa and Pescanova.
However, it shows its "total conformity" to be grouped with the representation headed up to date by Ester Fonfría, because it is similar in terms of "knowledge, objectives and experience in similar cases", reasons why "it must lead the affected retailers "
On the other hand, the consumer association Adicae considers that both in quantitative terms -representing 934 people- and qualitatively - it is currently a party to the trial due to Bankia's flotation-, it is entitled to be "necessarily represented".
In his opinion, the problems raised by the judge reside in "the proverbial lack of means" of the Spanish justice system.
While from Asufin they are against any unification, since it would limit the right of defense for the sake of "simple" practical reasons, without leaning on a valid legal criterion.
Initiated in October of 2017 after the then head judge of the investigation, Fernando Andreu, admitted to process several complaints, the case is directed against the ex-presidents of the Popular Ángel Ron and Emilio Saracho, their Boards of Directors, the PwC firm and its audit partner.
Once the deadline expires, Calama will analyze the briefs before communicating his final decision, which will arrive shortly after the report of the judicial experts assigned by the Bank of Spain revives the case.