The magistrate of the Constitutional Court (TC) Fernando Valdés and his wife have denied this Thursday “categorically” in the Supreme Court that the incident that led to the arrest of the member of the court of guarantees last August could be part of an attack. They have recognized that there was a couple’s discussion that could be “taken out of context” by the people who heard it from the street and alerted the authorities.
This has been pointed out by sources present in the statement, which add that, for their part, the witnesses of the alleged crime of abuse under investigation have been ratified in their previous statements, telling the Supreme Court instructor, magistrate Andrés Martínez Arrieta, the words what they heard and the state of Valdés when he opened the door when they called his home asking for explanations.
In addition to Valdés, his wife and the two young people who witnessed the incident and alerted the authorities, the SUMMA doctor who attended the scene, and four civil guards and four local police officers stationed in Majadahonda (Madrid), also appeared at the Supreme Court. ), where the lawyer’s address is located. María Ángeles Gullón was present on behalf of the Prosecutor’s Office.
The summons of Valdés in the Supreme Court came after the magistrate requested to take a leave for health reasons that will temporarily remove him from the deliberations of the TC, since at that time he was admitted to a Madrid hospital where he was discharged last Friday, according to sources around the magistrate.
A member of the Constitutional Court since 2012 at the proposal of the PSOE for a term that has already expired, Valdés was arrested on August 11 by agents of the Civil Guard at his home in Majadahonda, after some neighbors called the Civil Guard after hearing a strong discussion with his wife inside the house. He was detained for a few hours but finally the head of the Court of First Instance and Instruction number 7 of Majadahonda agreed to his release without bail after assessing the health and age of Valdés, 75 years old, and in the context of the coronavirus pandemic.
Although initially the matter fell on this court in Majadahonda, specialized in Violence Against Women, the magistrate is certified before the Supreme Court, so that the Second (Criminal) Chamber of the high court is the only one that can investigate him. On September 15, the Second Chamber opened a criminal case against Valdés when it appreciated evidence of the commission of the crimes of mistreatment included in articles 153.1 and 153.3 of the Criminal Code, the same position adopted by the Majadahonda court and the Prosecutor’s Office.
At the discretion of the Chamber, the statements of two witnesses and that of an agent, despite those of Valdés himself and his wife, “form a sufficient evidence base to rule out at this time any decision other than the initiation of proceedings” to clarify the facts.
In addition to the interrogations of Valdés, his wife and the witnesses, among the tests to be carried out by the Supreme Court would be an expert report requested on the effects on the magistrate of the medication he takes for the disease he suffers. The sources present in the statement have indicated that these effects are not related in any way to a violent or aggressive situation, although they acknowledge that the state of nervousness or tremors that the witnesses could see when the magistrate opened the door may be due to said medication.
The Constitutional Court came out in defense of the magistrate by means of a note in which he appealed to respect the fundamental right to the presumption of innocence “while the ongoing judicial procedure continues.”