The Provincial Court of Madrid has confirmed the acquittal of the PP and three of its workers from the accusation of destroying the computers of his former treasurer Luis Bárcenas with the intention of deleting his information to hinder the investigation that was being carried out in the National Court for box B The Hearing has rejected the appeals presented by the popular accusations, the only ones they were accusing in this case, given that the Prosecutor’s Office chose not to present an accusation for these facts and Bárcenas himself withdrew his before the judicial procedure was closed.
In the judgment, which is now ratified by the Madrid Court, the three workers were acquitted, in addition to the party: the ex-treasurer Carmen Navarro; the person in charge of her legal advice, Alberto Durán; and the head of the computer systems department, José Manuel Moreno, accused of cover-up crimes and computer damage, the latter only charged with the PP.
In his day, judge Eduardo Muñoz de Baena did not consider it proven that when the deletion process took place, it was shown that the accused knew that, if there had been relevant files on the hard drive, they had significant economic value and were not safe in the pendrive delivered in the Central Court of Instruction nº 5 or in another storage medium, well preserved by Luis Bárcenas, well included in the PP corporate mail servers. For this reason, regarding the crime of concealment, the judge applied the principle ‘in dubio pro reo’.
During the trial, Bárcenas framed the destruction of computers in the PP’s political police operation to abort the case of Box B. The PP ex-treasurer argued that destroying two computer memories is “very simple” compared to send a fake priest to kidnap his family, that a commissioner search his wife’s workshop, that his driver be captured, that he clone their phones and that some recordings prove that the number two of the PP at the time, María Dolores de Cospedal, asked the Villarejo police to sabotage the Gürtel case.