The National Court has had enough of Fernando Presence. The former judge of Talavera de la Reina, convicted and disqualified on several occasions for favoring friends in legal proceedings, filed a complaint a few days ago against the former president Jose Luis Rodriguez Zapatero and the attorney general Dolores Delgado in which he accused both of moving money in tax havens and being part of a criminal organization responsible for a thousand murders in Spain. The magistrate has not only rejected this complaint: he has put the case in the hands of the judges of his hometown in case he was using forged documents to settle scores.
Fernando Presencia's history of problems begins in 2012, when he was sanctioned and expelled from Valencia by the General Council of the Judiciary (CGPJ), where he worked in a commercial court. He was forced to move out of the city for giving commercial law courses without the required authorization.
Then began his rosary of firm convictions. The first was endorsed by the Supreme Court in May 2017: a decade of disqualification for prevaricating by favoring a friend accused of a hit-and-run. The second was endorsed by the same criminal court a year and a half later: another decade of disqualification for favoring a friend who was being investigated for fraud in his court. He has subsequently been sentenced to more than two years in prison for false accusation and slander against Ángel de la Cruz, prosecutor of Talavera de la Reina.
Since then Presencia has dedicated itself to settling accounts with those who signed their sanctions and sentences. Convicted twice for judicial corruption, he founded the Association Against Corruption and Defense of Public Action (ACODAP) with which he has deployed legal actions and dubious information about those who harmed him: from Margarita Robles and Manuel Almenar, members of the CGPJ who sanctioned in 2012, even Pablo Llarena, Luciano Varela and Manuel Marchena, Supreme Court judges who endorsed his multiple convictions.
More recently, the former judge - who continues to present himself as dean of Talavera de la Reina - has allied himself with Santiago Royuela and has loaded his complaints and announcements with the material known as the "Royuela File", thousands of documents from the most YouTube conspiracy. An alleged file that places the prosecutor José María Mena as the leader of a secret criminal organization guilty of hundreds of murders in Spain and that is being updated. In the last update, which Presencia put in the hands of the National High Court, José Luis Rodríguez Zapatero paid Dolores Delgado a fortune in a Panamanian bank so that she would take charge of the organization.
Judge Joaquín Gadea, of Court 6 of the National High Court, received the complaint which, according to Presencia, "is intended to demand that this entire convoluted and compromising matter be thoroughly investigated." A promising matter that has turned into the rejection of the complaint and an accusation against him in the Talavera courts. "No information is provided or who has presented it, or where the documents provided have been obtained, or, in short, who has prepared them, when, or to whom they have been sent," begins the judge.
Then he advances his intention to put the case in the hands of the Talavera courts in case the papers he is using are forged. The Prosecutor's Office spoke of a "rough composition of some letters" and the judge adds that he cannot rule out "the possibility of finding ourselves before documentation created "ex profeso" for the specific fact that is denounced, which would not exclude, from the provisional nature of this initial moment, a subsequent action in order to investigate the possible spurious nature of the same”. It is striking, says the judge, how Presencia files the complaint trying to distance itself from the "notitia criminis" so as not to have to answer for it.
This, according to Gadea, shows "the little solvency of the same, not only of its unserious and credible character, but of an intention that goes beyond what is admissible in a state of law in which the penal system is conceived as a guarantee to avoid situations like the present one”. And he recalls that Fernando Presencia and his association “have not stopped presenting different briefs against members of the Government, the Judiciary and other High Institutions of the State without greater support or basis than” alleged complaints “that arrive in his mail; that is, always protected by anonymity that prevents any serious, rigorous and respectful action with the rule of law, understood in a broad and guaranteeing sense”.
Now it will be the courts of his city that decide if Fernando Presencia adds a new criminal trial after three convictions, in this case for basing his complaints on falsified documentation. A falsified documentation whose source does not hide: "(Important note. - The information together with the accompanying documentation has been contributed to the ACODAP Complaints Mailbox by the investigator Santiago Royuela Samit)", says the complaint.