Complaint against the judge of the dana: this is how the far-right seeks to annul the investigation of the case

Barcelona / ValenciaThe far-right is trying to get rid of the DANA judge, Nuria Ruiz Tobarra, and to put an end to the case being investigated in the courts of Catarroja. The agitator and far-right lawyer Rubén Gisbert, known forgetting his trousers dirty before a broadcast on Cuatro in the days following the tragedy, has filed a complaint against the magistrate for the alleged participation and intervention of her husband, the also judge Jorge Martínez Ribera, during statements from victims of the heavy rainfall. The complaint, to which ARA has had access and which is also signed by three victim families, asks for both of them to be removed from the judicial career and for the entire investigation of the case to be annulled. A request that comes just asTobarra has asked to indict former president Carlos Mazón for reckless homicide.

The complaint, which attributes the crimes of coercion, disclosure of secrets, usurpation of public functions, prevarication, cover-up, and omission of the duty to prosecute crimes to Tobarra and Martínez, echoes recordings broadcast byOK Diario in which the judge's husband's voice is allegedly heard "interrupting, asking [witnesses] and actively participating" in statements, as well as making comments to Tobarra and the clerk transcribing. "The magistrate acted in court under the instructions and assistance of a third person who turned out to be [her] husband," the complaint states, assuming that this constitutes an "interference" and a "defect" in the investigation.

In the document, filed with the High Court of Justice of the Valencian Community, the far-right lawyer Gisbert cites several victims who claim that Martínez Ribera "not only was present during the entire statement, but also actively participated by asking questions and intervening." He adds that in a supposed WhatsApp group of other victims, a "large number" of those summoned to court claim that the judge's husband even "ended up carrying out the investigative diligence himself instead of the investigating magistrate." He insists, however, that this is not a one-off interference, but a "constant situation that is poisoning and diverting the investigation.

For all these reasons, the complainants request as precautionary measures the "immediate" removal of the judge from the proceedings, the "declaration of nullity of the investigation," and the suspension of both her and her husband from the judicial career. They also demand a "psychiatric evaluation" of Tobarra to clarify whether her alleged actions were conscious and premeditated or if, on the contrary, she acted because she is "mentally incapacitated for the exercise of her functions." In the latter case, they request her "retirement." All these demands are requested to be transferred directly to the General Council of the Judiciary (CGPJ).

This is not the first time that parties involved in the case have pointed to the alleged participation of Tobarra's husband in the investigation. The lawyer for the former number two of Emergencies, Emilio Argüeso, had already requested that proceedings be opened in September regarding this matter, and the defense of former counselor Salomé Pradas had transferred the complaint to the CGPJ. The judge at the time attributed these accusations toa "defamatory campaign" and "atrocious sexism".

Legal sources consulted by ARA point out that, although other judges may attend hearings during the investigation, they cannot participate in interrogations. They indicate that if it is proven that Tobarra's husband spoke during certain victim statements, those parts of the investigation could be annulled and an investigation opened into both judges. According to the same sources, however, it would be difficult to overturn the entire case.

The alleged "political direction" of Tobarra

Perhaps this is why the complaint filed by Rubén Gisbert adds other reasons to try to bring down the judge, as he himself denounced this Tuesday, as a member of the victims' association "Solo el Pueblo Salva al Pueblo" (Only the People Saves the People), during his appearance before the DANA investigation commission in the Valencian Parliament. Gisbert also attacked Tobarra for an alleged "biased and arbitrary" investigation that, in his opinion, seeks to avoid investigating the Spanish government. The complaint also accuses her of facilitating leaks of testimonies to "create a parallel trial" in public opinion and even suggests an alleged "political direction" by the magistrate.