The 'Kitchen' judge says that the Prosecutor's Office borders on fraud by asking for a "mirror piece" to investigate Cospedal

It rejects the PSOE's appeal against its decision not to investigate the role of the former general secretary of the PP in the espionage of Bárcenas

MADRID, 2 Dic. (EUROPA PRESS) -

The judge of the National Court Manuel García-Castellón who is investigating the 'Operation Kitchen' has blamed the Anti-Corruption Prosecutor's Office for requesting that an bis piece be opened in that case to investigate the role of María Dolores de Cospedal in spying on the ex-treasurer Popular Luis Barcenas. He points out that this "mirror piece" is a claim "closer to the figure of legal fraud than to the function of the Public Ministry."

This is reflected in an order dated November 30, collected by Europa Press, in which it resolved to reject the appeal of the PSOE -- supported by the Prosecutor's Office -- which insisted on requesting that Cospedal's role be investigated. He tells the formation that whatever "proto-procedural" purpose he has as a party has no place in the proceedings.

"Taking into account that it is a political party (...) any other 'procedural' purpose that this party could have by intervening here is neither admissible nor justified," he asserts.

Thus, it stresses that it is not appropriate to open "a separate piece bis" of the Kitchen case, despite the fact that the PSOE maintained in its letter that Cospedal demanded "information" and gave "directives" on what should be done, participating "directly" in the spying on former 'popular' treasurer Luis Bárcenas.

Those of Pedro Sánchez also asked that the magistrate focus on the "relevance of the new audios" - leaked to the press - "because, if they were verified, they would exclude any type of doubt" about the involvement of the ex-minister.

García-Castellón points out that as he already said in a previous order from September, the support of the accusation against Cospedal "is reduced almost nuclearly to a few minutes of an audio cut of which not only its origin is unknown, but also any circumstance and context" .

He adds that he cannot share that, based on a statement made by Cospedal, it is inferred that he was aware of the spying operation on the PP treasurer.

Harder is, if possible, the magistrate with the Anti-Corruption Prosecutor's Office, which he accuses of requesting that bis piece, "a kind of mirror piece", and says that "this claim is closer to the figure of legal fraud than to the proper function of the Public Prosecutor's Office".

In line, remember that the Prosecutor's Office has among its functions to bring criminal action against people with respect to whom it understands that crimes have been committed and that these actions can be exercised by filing the appropriate complaint or complaint.

For this reason, he reasons, if the prosecutor believes that there are indications of the commission of crimes by Cospedal, he must specify them in a document and file a complaint substantiating the accusation. "In any case, they must be different from those that have already been evaluated and that determined the file," he reminds her.

After this refusal to investigate Cospedal, now it will be the Criminal Chamber who has the last word on whether the former general secretary of the PP should enter the case as an investigated. Which would mean that the political leg of the case would be added to the police leg.