The lieutenant prosecutor of the Supreme Court asks that the PP complaint against García Ortiz for the promotion of Delgado be inadmissible

He assures that the allegations of the 'popular' are "orphaned of any evidentiary support"

MADRID, 18 Mar. (EUROPA PRESS) -

The lieutenant prosecutor of the Supreme Court, María Ángeles Sánchez-Conde, has asked the high court to reject for processing the complaint filed by the PP against the State Attorney General, Álvaro García Ortiz, seeing no signs of alleged prevarication in his decision to promote Dolores Delgado to the highest category of the Public Ministry.

This is stated in a document, to which Europa Press has had access, in which the 'number two' of the Prosecutor's Office defends that the allegations that give rise to the complaint "appear devoid of any evidentiary support, being merely assertive expressions."

The PP went to the Supreme Court when it understood that García Ortiz's actions were "susceptible to being classified" as a crime of prevarication because he acted "arbitrarily" to "pay a personal debt of gratitude" to Dolores Delgado.

The party highlighted the fact that the head of the Public Ministry "departed from the opinion of the Fiscal Council - which supported the other candidate, Mr. Luis Rueda, by majority -" and that "he also did so without any argumentative effort, without support normative and on the basis of merits outside of military jurisdiction exclusively protected by his exclusive personal obstinacy".

Furthermore, the party led by Alberto Núñez Feijóo insisted that the attorney general "formulated his proposal knowing that Dolores Delgado was not the ideal candidate to fill the vacancy." According to the 'popular', García Ortiz proposed her "arbitrarily and despite not being the best positioned candidate."

Now, the lieutenant prosecutor of the Supreme Court maintains that in the PP complaint "no legal infraction is reported or referred to the competence, procedural rules, or the suitability of" Delgado and insists that, on the contrary, it is recognized that --" regardless of the preference" of the 'popular' for the other prosecutor who ran for the position-- Delgado "met all the requirements to be appointed."

Sánchez-Conde emphasizes that we cannot speak of a crime of prevarication because what García Ortiz is accused of "is not the issuance of a resolution, but rather having made an appointment proposal over which he lacked decision-making power, as it was attributed said decision to another different body, specifically to the Council of Ministers".

"It is clear that the typical budget for the issuance of an administrative resolution does not apply, so the facts cannot be subsumed in the criminal type charged in the complaint."

Thus, the lieutenant prosecutor of the Supreme Court asks the court to "agree on the file because the reported facts do not constitute a crime."