Lawsuit against the judge in the DANA case: this is how the far right seeks to annul the investigation.
Far-right agitator Rubén Gisbert calls for the removal of the judge due to her husband's alleged interference in victims' statements.
Barcelona / ValenciaThe far right is trying to get rid of Judge Nuria Ruiz Tobarra, who is investigating the DANA case, and to shut down the case being investigated in the Catarroja courts. The far-right agitator and lawyer Rubén Gisbert, known for to have gotten their trousers muddy before a broadcast A woman who appeared on Cuatro in the days following the tragedy has filed a lawsuit against the magistrate for the alleged involvement and intervention of her husband, also a judge, Jorge Martínez Ribera, during statements given by victims of the torrential rains. The lawsuit, which ARA has obtained and which is also signed by three families of victims, requests that both be removed from the judiciary and that the entire investigation of the case be annulled. This request comes at a time when... Tobarra has requested that former president Carlos Mazón be charged. for manslaughter.
The lawsuit, which accuses Tobarra and Martínez of the crimes of coercion, disclosure of secrets, usurpation of public functions, prevarication, concealment and omission of the duty to prosecute crimes, echoes some recordings released by OK Daily in which the voice of the judge's husband is allegedly heard "interrupting, questioning [witnesses], and actively participating" in statements, as well as making comments to Tobarra and the official transcribing them. "The magistrate acted in court under the instructions and assistance of a third person who turned out to be [her] husband," the complaint states, where it is assumed that this constitutes "interference" and "taint" in the investigation.
In the document, submitted to the High Court of Justice of the Valencian Community, the far-right politician Gisbert cites several victims who claim that Martínez Ribera "was not only present throughout the entire statement, but actively participated by asking questions and intervening." He adds that in an alleged WhatsApp group of other victims, a "large number" of those summoned to court claim that the judge's husband even "went so far as to carry out the investigative procedure himself, replacing the investigating magistrate." He insists, however, that this is not an isolated incident of interference, but a "constant situation that is poisoning and diverting education."
For all these reasons, the plaintiffs are requesting, as precautionary measures, the immediate removal of the judge from the proceedings, the annulment of the investigation, and the suspension of both her and her husband from the judiciary. They are also demanding a psychiatric evaluation of Tobarra to clarify whether her alleged actions were conscious and premeditated or whether, on the contrary, she acted because she is mentally incapacitated from performing her duties. In the latter case, they are requesting her retirement. They are requesting that all these demands be forwarded 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 second-in-command of Emergency Services, Emilio Argüeso, already requested an investigation into this matter in September, and the defense of former regional minister Salomé Pradas submitted the complaint to the CGPJ. The judge then attributed these accusations to a "smear campaign" and an "atrocious sexism"Legal sources consulted by ARA emphasize that, although other judges may attend the hearings held during the investigation, they cannot participate in the interrogations. They point out that, if it is proven that Tobarra's husband spoke during certain statements from victims, those parts of the investigation could be annulled and disciplinary proceedings opened against the two judges. According to the same sources, however, it would be difficult to overturn the entire case. The alleged "political direction" of Tobarra
Perhaps that's why the lawsuit filed by Rubén Gisbert adds further grounds to try to bring down the judge, as he himself denounced this Tuesday, in his capacity as a member of the victims' association "Only the People Save the People," during his appearance before the commission investigating the DANA storm 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 lawsuit also accuses her of facilitating leaks of testimonies to "create a parallel trial" in the public eye and even suggests alleged "political direction" by the magistrate.