The judge of the 'Ghali case' rejects the appeal of the State Attorney and will continue to investigate the false passport

It points out that the file for former minister Laya could only be left without effect if new data appears

MADRID, 6 Jul. (EUROPA PRESS) -

The head of the Court of Instruction Number 7 of Zaragoza, Rafael Lasala, has dismissed the appeal of the State Attorney against the extension of the investigation into the entry of the leader of the Polisario Front in Spain on April 18, 2021, considering that he needs more time to investigate the false passport with which Brahim Ghali was identified at the San Pedro hospital, in Logroño (La Rioja), where he was admitted to be treated for coronavirus.

Through an order this Monday, to which Europa Press has accessed, the investigating judge of the case reaches the "clear" conclusion that "there is a crime of falsehood" that has to be "further investigated." Of course, Lasala points out that a "prospective" investigation of the crime of prevarication cannot be carried out, for which the former Minister of Foreign Affairs Arancha González Laya and her former chief of staff Camilo Villarino were charged, for whom the Provincial Court of Zaragoza decreed in May the file.

In this sense, the judge adds that it is not appropriate to investigate both, "even less" when "they have in their favor the issuance of a dismissal of the aforementioned crime, of which the Court has ruled that its perpetration is not justified, not that it is not existed, because in such a case he would have issued a free dismissal".

According to the instructor, the file for the former minister could only be annulled if there were "new data or verification elements other than those resulting from the case (...), new hypotheses or speculative arguments being insufficient."

However, Lasala disagrees with the Legal Profession that Laya and Villarino, who were the only two defendants and whom he represented while they had that condition, would have been the only people who would have intervened in the events investigated here.

The judge recalls that the High Court of Zaragoza decided to file the case regarding the crime of prevarication, but in terms of documentary falsehood "there may be various authors, and the Prosecutor's Office is also interested in having the Algerian authorities determine if the passport that was presented had been issued by Algeria".

A request like this entails, explains Lasala, issuing a rogatory commission "from whose result, uncertain in its content and in the time of completion, could derive new proceedings that, without the complexity now appealed, could not be carried out."

The Prosecutor's Office opposed the Lawyer's appeal, understanding that it did not have "legitimation" for having defended two people, Laya and Villarino, who already have a provisional file in their favor. This argument, for the judge, is "enough" to dismiss it.

Lasala decided in June to extend the investigation for six months to focus on the false passport that was used to identify the leader of the Polisario Front upon his arrival at the hospital in La Rioja. She considered it pertinent to delve into the alleged crime of false documents, since Gahli was identified at the hospital with an Algerian passport under the name of Mohamed Benbatouche.

The State Attorney's Office opposed Judge Lasala's decision to continue investigating the facts after the case was filed for Laya and Villarino. In her opinion, it supposes a "manifest helplessness" for the former minister not only for "disregarding" what was dictated by the Provincial Court of Zaragoza, but also for "making the person who has obtained the provisional dismissal in a worse condition compared to whoever has the character of investigated".

Continuing with "the present investigation for prevarication produces a manifest defenselessness with respect to my clients, who, having obtained a favorable pronouncement of dismissal, that is, no longer having the status of being investigated in the procedure, the instructor will continue to investigate this crime without the presence of his defense," he said.

Subsidiarily, the legal services of the State saw "lack of motivation" in the measure agreed by Judge Lasala, who --in his opinion-- has not justified the need for the extension nor "much less such a long duration", for which He adds that the popular accusation had requested more time, but two months.

Finally, the State Attorney focused on the crime of falsehood, which the judge seized to continue with the investigation. She assures that "it also lacks justification", because Lasala "has lost the competition" and would correspond to the courts of Logroño. If "new indications" appear, "it could never be in the instruction of this procedure, but in other areas," she added.