The judge of the National High Court investigating BBVA's contracts with Commissioner José Manuel Villarejo has agreed to charge the current head of internal audit of the entity Joaquín Gortari for his possible participation in events that could indirectly constitute bribery and discovery and disclosure of secrets.
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In a car dated June 24 to which Europa Press has had access, the judge thus rectifies his previous decision not to charge him in the case and hears the appeal presented by the lawyer Felipe Izquierdo, who is personified as injured in the case for having suffered the espionage of the commissioner by order of BBVA.
"In view of the alleged criminal nature of the facts referred to in the appeal, and given the existence of indications that allow inferring, from the provisional nature of this moment, the participation of Gortari, who signs this resolution considers his appeal useful and necessary , so that he can explain if he had any participation in them ", says the head of the Central Court of Instruction number 6, Manuel García-Castellón.
The magistrate, in the resolution, explains that he had not previously acceded to his accusation given that the motivation was not adequately reasoned, and he reproached the Public Prosecutor's Office for adhering to Izquierdo's request, alleging that it was not strictly a trial of evidence but an "imposition of the criminal procedural system".
"The submission of a person to the procedure is a procedural act that requires an effort by the instructor, in no case can it result from a mere legal imposition, as this would imply subjecting the criminal process to an inquisitive principle incompatible with our system of constitutional guarantees" , reminds them.
However, in the third point of the legal reasoning, it indicates that in the appeal presented by Izquierdo against that first decision "the reasons that justify the summons as investigated of the same are exposed", and therefore it agrees the appearance of who was head of cabinet of the former president of BBVA Francisco González.
However, the judge aligns himself with the Prosecutor's Office in understanding that he must again dismiss the bail of more than two million euros that Izquierdo was interested in. The lawyer wanted both Gortari and González and BBVA itself to answer for that amount so that they could ensure the pecuniary liabilities that may arise from the allegedly criminal acts.
Izquierdo alleged in order to request Gortari's imputation that the bank gave orders to spy on him with flagrant violation of his privacy and violation of his fundamental rights by order of González and the one now under investigation. The judge must now set a date for his statement.