The National Court has decided to charge former judge Fernando Presencia for slandering Supreme Court magistrates and has ordered the precautionary closure of the website from which he accuses them, among other things, of having millions of euros hidden in tax havens. Judge Gadea explains that the precautionary closure is appropriate because "there are indications of the commission of crimes that would be taking place flagrantly through the publications that make up the aforementioned website."
Royuela File: a prevaricating judge and a far-rightist tell you what nobody wants you to know
Fernando Presencia was senior judge of Talavera de la Reina until a double conviction for prevarication separated him from the judiciary for favoring several friends in various legal proceedings that he was leading. Since then, the former magistrate has formed an Association Against Corruption and in Defense of Public Action (ACODAP) that he uses to denounce, among others, the members, prosecutors and magistrates who at some point have signed or confirmed their sanctions and convictions. .
His latest attacks have been directed at magistrates from the criminal chamber of the Supreme Court, whom he accuses of having bank accounts in tax havens with several million hidden. The room that in the coming months will have to decide whether to confirm or revoke his prison sentence for slandering a prosecutor. Previously, the president of the Supreme Court, Carlos Lesmes, had made these claims without evidence in the hands of the prosecution and Judge Gadea himself had put his case in the hands of the courts for denouncing in similar terms José Luis Rodríguez Zapatero and Dolores Delgado.
In this case, the National Court admits for processing the prosecution's complaint filed against Presencia for various publications and complaints by ACODAP against more than half of the members of the Supreme Court's criminal chamber. The judge orders the precautionary closure of the ACODAP website, orders the Civil Guard to investigate the donations he receives and calls him to testify as a defendant. It also offers actions to the affected magistrates of the Supreme Court: Carlos Lesmes, Pablo Lucas Murillo de la Cueva, Susana Polo, Carmen Lamela, Andrés Martínez Arrieta, Andrés Palomo del Arco, Vicente Magro, Julián Sánchez Melgar, Miguel Colmenero, Pablo Llarena and Ángel Stolen.
The judge explains that both in his publications on the web and in an interview with Estado de Alarma, already deleted from the YouTube channel, the former judge "also refers to the existence of a criminal plot in the State Attorney General's Office and in the Supreme Court in which the aforementioned Magistrates constitute an essential part”. Many of his complaints are based on documentation known as the 'Royuela File', a set of theories by the far-right Alberto Royuela and his son Santiago, according to which a criminal organization led by a prosecutor has committed hundreds of murders in Spain .
Judge Gadea accepts the precautionary measure to remove the Presencia website. "The exercise of freedom of expression cannot serve as an excuse for insult, nor can it undermine the dignity of the human being and his own value as a person," he explains in a car. For the judge, "there is an excess in the exercise of freedom of expression" and that page of ACODAP is used repeatedly to "disclose information that, from the provisional nature of this procedural moment, is found to have clear criminal features and suppose an illegitimate interference in the honor of the injured parties”.