The judge in the Villarejo case, Manuel García-Castellón, has submitted a reasoned statement to the Supreme Court requesting that it investigate Pablo Iglesias for a false complaint in relation to the theft of the card from his former collaborator Dina Bousselham. García-Castellón adopts this decision after a higher instance, the Criminal Chamber, forced him to return to Iglesias the condition of injured party given the indications that he had been a victim of the dissemination of the information on that card and that he had not there were others who allowed to act against him for having kept it for months.
García-Castellón indictively attributes three crimes to Pablo Iglesias: crimes of discovery and disclosure of secrets, aggravated by gender; computer damage; and false accusation or report and / or simulation crime in relation to the theft of the mobile of his former advisor Dina Bouselham. The former collaborator, alleged victim, does not accuse Pablo Iglesias of any crime and exempts him from responsibility in everything related to the card.
Judge García-Castellón, who has deployed intense investigative activity against Pablo Iglesias since the end of the confinement and has not requested a report from the Anti-Corruption Prosecutor’s Office before making this decision, legal sources report. The instructor alleged that Iglesias insisted on maintaining his condition as a victim despite knowing that it was Bousselham who made screenshots of the card and that not only Villarejo could make them reach the media. In the rationale, the judge takes another leap and already rules out that the media directed by Eduardo Inda received the information on the card from Villarejo.
The rationale also includes investigating the director of the legal services of Podemos María Gloria Elizo and the lawyers of this formation, Marta Flor Nuñez and Rául Carballedo, as well as the former advisor Dina Bouselham and Ricardo Sa Ferreira, the latter two for false testimony. The magistrate considers that Iglesias fraudulently used this process to try to achieve some type of electoral advantage, says the aforementioned statement.
According to the head of the Central Court of Instruction 6, Pablo Iglesias received from Antonio Asensio, on January 20, 2016, the original mini SD memory card from Dina Bouselham’s phone, in which he verified that he stored personal and character files very intimate of that one. “Despite this, the card was kept in his possession, without telling its owner even though they were both close people (she had been his advisor) and the knowledge he had of the disappearance of Dina’s objects since November 2015”, he explains the car.
The judge transferred his suspicion that Iglesias kept the card because he found that there were screenshots of messaging groups where he appeared. Those comments ended up being published in El Confidencial, El Mundo and Okdiario, according to Internal Affairs in a report.
According to the judge, the events surrounding the theft of the mobile phone of Pablo Iglesias’ former advisor are incarnate in a crime of discovery and disclosure of secrets of who, without being authorized, seizes, uses or modifies to the detriment of a third party, reserved data of personal or family nature of another that are registered in files or computer, electronic or telematic media. Furthermore, the judge understands that in this specific case the aggravating factor of article 22.4 of the Penal Code concurs, because “the act would have been committed for reasons of gender.”
The magistrate thus ignores that Bousselham sent him in writing a last version in which he exempts Iglesias from damaging the card and does not exercise the necessary accusation so that he can be charged, as the Prosecutor’s Office warned. In fact, Anticorrupción asked the judge to call the former collaborator to ratify it, but García-Castellón has refused and now argues that it is the Supreme Court who should do it.
Despite this, he affirms, “with the sole purpose of discrediting the Okdiario media”, put in common agreement with Gloria Elizo and with the participation of lawyers Raúl Carvalledo and Marta Flor Nuñez, “knowing the origin of the images published in the digital, the measured Pablo Iglesias urges the legal services of the party to expand the initial complaint made by Bouselham, trying to falsely disguise a connection between the images published in the digital and the disappearance of the telephone on November 1, 2015 “, he adds .
“Despite the knowledge of its falsehood and common agreement; the expert, secretary general of Podemos; the person in charge of the party’s legal services, Ms. Elizo and the party’s lawyer, Marta Flor Nuñez, as material executor, pretend that the publication of the images in the weekly OK Diario on July 21 and following, was the result of a commission made to Mr. Villarejo to harm Pablo Iglesias Turrión “, writes the judge. The judge points out that his appearance in the separate piece, which he himself offered to Pablo Iglesias, and his complaint had a purpose “strictly of political opportunity.”
Throughout his writing, García Castellón also highlights as a relevant fact the appearance before the judge himself, on March 26, 2019, of Bouselham as a witness-injured party, who, with knowledge of her falsehood, was untrue in her manifestations, just as her husband did three days later. “Both events are understood to be related to the action taken by the legal services of the Podemos party to construct before the judicial body a story consistent with the instructions given by the official, the Party’s general secretary,” concludes the magistrate.
The judge describes as “conscious and planned false action deployed by Mr. Iglesias with his persona, pretending to public opinion and to his electorate, to have been the victim of a fact that he knew did not exist, a few weeks before a general election.”
The magistrate relates that under the instructions given by Iglesias, and with the approval of the management of the Podemos legal department, they presented the disappearance of Dina’s telephone “as an order carried out by the PP Government to the former commissioner Villarejo, to publish in the digital OK Diario, in the context of a campaign to harm Iglesias, and therefore Podemos ”.
Likewise, the judge dictates an order to proceed to an abbreviated procedure against the three defendants over whom he does have jurisdiction: Commissioner Villarejo and journalists Alberto Pozas and Luis Rendueles, the latter director and deputy director of Interviú when the events occurred.