The ex-driver from Bárcenas sues the president of the AN for revealing secrets in 'Kitchen'

He files another complaint against the prosecutors in the case for not prosecuting the crime with knowledge of it

MADRID, 9 Mar. (EUROPA PRESS) -

The defense of Sergio Ríos, who was the driver of former PP treasurer Luis Barcenas, has filed a complaint before the Supreme Court against the president of the National Court, José Ramón Navarro, for a continued crime of disclosure of actions declared secret in relation to a crime of revealing secrets and for passive bribery after learning of the conversations he had on WhatsApp with the former Secretary of State for Security Francisco Martínez during the investigation of the 'Kitchen' case, in which the former 'number two' of the Interior is defendant.

This is stated in that letter, to which Europa Press has had access, and to which Ríos has added a second complaint, this time against the anti-corruption prosecutors in the case and before the Superior Court of Justice of Madrid -where they are registered- for omission to prosecute the crime since having access to those conversations they refrained from taking action.

Those WhatsApp chats came to light when the National Court finished incorporating into the digital platform all the material derived from the investigations into parapolice espionage that would have been orchestrated by the Ministry of the Interior between 2013 and 2015 against the former treasurer of the PP Luis Bárcenas and his entourage to steal all the compromising material they might have from the party or its leaders.

Now, in that complaint against Navarro, Ríos' lawyer, José Javier Vasallo, includes the entire conversation between the two, and after analyzing certain exchanges of messages, points out that there are "reasonable and sufficient indications" that Navarro revealed information that, in the framework of the investigation that was being carried out by the Central Investigating Court number 6, held the character of a secret and whose disclosure was not allowed as it could cause serious damage in the course of the case".

It adds that the president of the National Court agreed to it "taking advantage of the position he occupies" and adds that in this way, by supplying information, he dispensed "favourable treatment" not only to Francisco Martínez but also to the Popular Party "leaving himself , in exchange for it, be honored with dinners and other gifts".

For Ríos's defense, it is clear that Navarro's possible efforts for Martínez could benefit him because they strengthened him in the position he held. "In other words, the defendant had an interest, beyond the jurisdictional and professional, in maintaining a direct and immediate relationship with the leadership circles of the Popular Party," he adds.

And add to this that from the conversations between the two it is clear and clear that the president of the National Court "has links to the PP" because he handles information related to that formation and its leaders.

Ríos's defense adds that these chats reveal that Navarro obtained the information on the development of the 'Kitchen' investigation that Martínez needed from "other people at the service of the Administration of Justice and who exercised their positions in the National Court". Specifically, he focuses on someone they both refer to as 'AB', about whom in one of the messages, Navarro comments that he is surprised that he has not commented on a specific end of the investigations.

In short, he considers that Navarro throughout 2019 "pulls his strings in order to obtain information about the course of the investigation, revealing the information obtained to Martínez." And he reiterates that with this action "he caused serious damage to the public cause, hindering the investigative work through the improper leaking of information, all of this with manifest prejudice to the rest of the people investigated in the case."

In fact, it asserts that Francisco Martínez would have been "unfairly benefited" compared to the rest of the defendants and anticipates that it reserves the right to exercise the appropriate legal actions to nullify the proceedings for this reason.

In line, he points out that it is a continuous crime of revealing secrets because the messages exchanged through the WhatsApp messaging service "extend from February 2019 to January 2020." "This is almost an entire year in which José Ramón Navarro has leaked information to Mr. Martínez, without prejudice, as we say, to those other messages, calls, conversations and meetings that do not work in the cause and that it is evident that they have kept in view of the discovered messages," he adds.

Regarding the complaint filed in the Madrid TSJ against the prosecutors in the Miguel Serrano and César de Rivas case for a possible crime of omission of the duty to prosecute crimes, Ríos's defense indicates that both "were fully aware, as they of the aforementioned investigation the representation of the Public Prosecutor's Office", of those chats.

He points out that even in reports that appear in the case, the prosecutors make "express allusion to the conversations held between the person under investigation and the president of the National Court, indicating that they are relevant and even reflect part of one of them."

For this reason, in his opinion, it is proven that the two members of Anticorruption "were aware of the existence of these conversations and their content at the time of presenting this document, having accessed them and coming to reflect on them and use them in support of their arguments." He regrets that they refrained instead "from carrying out any action aimed at prosecuting the conduct carried out by the president of the National Court, despite the multiplicity of existing rational indications of criminality against him."

In this sense, it recalls that at the time when the prosecutors alluded to the WhatsApp conversations between Navarro and Martínez in a report, only the Prosecutor's Office had access to them because the defenses could not know their content because they were not uploaded on the cloud platform.

"They did not display and have not displayed, deliberately, any conduct tending to prosecute the possible crimes in which he himself could have incurred, failing to comply with the duties of his position and the institution they represent and breaking, in this way, the correct performance of the public function", he adds.