The AN attributes new crimes of criminal organization, illicit association and aggravated fraud to the former judge Presencia

The magistrate seizes the funds of his association because he considers that with it he pretended that he was "fighting against corruption"

MADRID, 21 Dic. (EUROPA PRESS) -

The judge of the National Court (AN) Joaquín Gadea has agreed to investigate former judge Fernando Presencia for crimes of criminal organization, illicit association and aggravated fraud, a series of crimes that are added to those of insults and slander against high State institutions for which who was originally charged.

In an order from this Tuesday, collected by Europa Press, the reinforcing magistrate of the Central Court of Instruction Number 6 has agreed to call again to declare Presencia while urging the preventive seizure of ACODAP funds, the association that presides, because it is "an instrument at the service of a group of people to obtain resources with which to profit, pretending that with it they were fighting corruption."

The instructor also rejects the file and the proceedings requested by Presencia himself to take a statement from the former president of the General Council of the Judiciary (CGPJ) and the Supreme Court (TS) Carlos Lesmes, the president of the Criminal Chamber of the high court, Manuel Marchena, to the magistrates Carmen Llombart and Joaquín Bosch, as well as to send various rogatory letters.

Judge Gadea justifies the attribution of these new crimes to the latest Police reports, which point to the close connection between ACODAP, those investigated, and the complaints filed, "configuring the latter as a mere criminal instrument used to collect funds with those who profit from those investigated, and the means through which they achieve the repercussion they seek under the false precept of the fight against corruption".

"In effect, the results of the last official documents presented, we could also warn of the possible existence of crimes of criminal organization in addition to aggravated fraud, being Mr. Presencia the president and promoter of said organization, and the greatest beneficiary of this crime, since it would have collected through ACODAP up to 122,000 euros, of which he could have diverted more than 34,000 euros for his private use," the judge details.

Due to the foregoing, the instructor emphasizes, there are also indications to consider that ACODAP could be classified as an illegal association to the extent that it would have the purpose of committing crimes and injuries, a crime that Presencia is charged with as the most responsible.

In relation to these new crimes, the judge also summons Alberto Royuela to testify, in addition to Presencia himself, for the crimes of criminal organization and taxed fraud. In the same sense, he calls the judicial headquarters as investigated nine other people for their collaboration in the events. Some of them, Gadea explains, for having allegedly received funds from ACODAP and another for having filed more than ten complaints against high-ranking State institutions.

Regarding the ACODAP association, the instructor agrees to notify the parties to inform them of the precautionary measure of suspension of activities and with respect to those investigated, in case they are interested in adopting any precautionary measure of a personal or real nature that they consider necessary.

Gadea indicates in his order that "the evidence gathered so far allows us to verify that ACODAP, an organization apparently created to fight corruption, would actually be the corrupt means through which, apparently, its members and relatives would enrich themselves, starting with their president, Fernando Presencia".

Presencia himself, the judge details, "once separated from the Judicial Career, he lacked any income." "The alleged intention of acting against corruption would be nothing more than a false claim to attract contributions and anonymous donations," he adds.

Within the framework of this deception, he continues, "the mendacious denunciations against the high institutions of the State, authorities, politicians and other public representatives would be the necessary component to continue with the lucrative activity that such high yields would be giving them, publicizing their performance through social networks, web pages and other means of public communication". "Precisely the dissemination of the complaints is an essential step in amplifying the deception enough," concludes the magistrate.