The judge reproaches the attorney general for having made "evidence disappear": "It is evidence"

Barcelona"I just want to say something. My phone contains information that, of course, can affect the security of this country." This was one of the arguments used by the State Attorney General, Álvaro García Ortiz justified having deleted the messages from his mobile phone when he was charged with the leak of Isabel Díaz Ayuso's partner's email. The highest representative of the public ministry denies having deleted evidence that could incriminate him, but the judge investigating the case at the Supreme Court does not believe him. "It is evidence that the suspect has made evidence that could be found on his mobile terminals disappear," says Ángel Luis Hurtado in his latest ruling.

In his writing, the magistrate admits "lack of criminal relevance that a suspect makes evidence that could incriminate him disappear," but adds that "it should not be ignored that it has no impact on the development of a criminal investigation." Hurtado, however, questions the "different explanations" given by the attorney general: "If he had shown any degree of collaboration with the clarification of the facts, he could well have communicated it before carrying out this disappearance, and not take advantage of the opportunity to do so on October 16, 2024," says the judge.

That day García Ortiz was charged with alleged disclosure of secrets and, According to the Central Operative Unit (UCO) of the Civil Guard, he deleted the WhatsApp messages. "The action was carried out on two occasions on October 16," concluded the armed institute, which already spoke of an "intentional erasure." The investigators also concluded that a week later, and shortly before the search in his office, The suspect also changed his phone numberHowever, they have not been able to find any messages from the dates on which Alberto González Amador's email was leaked in which he admitted to having committed tax fraud.

The Attorney General has always denied being behind this leak, and in his statement before the judge he framed the change of mobile phone as part of the normality of his position. Thus, he claimed to have changed terminals up to six times since he assumed his responsibility, in August 2022, and added that he periodically deletes messages for security and legal obligation. Judge Hurtado had already distrusted these explanations and, prior to the statement of the person under investigation, he was going to ask WhatsApp and Google for help to recover García Ortiz's communications.

Despite his reproach to the attorney general, with this Tuesday's order the judge attends to a request of his: he establishes that the accusations and the defense will only be able to access in person the annexes of the UCO reports, where personal data -ID, telephone numbers and addresses- of both García Ort are included. The representative of the public ministry had denounced that the dissemination of these reports violated the data protection regulations.

Last week, on the contrary, the appeals chamber of the Supreme Court dismissed the prosecutor's appeal against the search of his office, alleging that there were "criminal indications." The attorney general questioned the seizure of his mobile phone and tablet, but the three judges in the courtroom concluded that it was entirely proportionate given that what was being sought was to investigate a crime – the leak of González Amador's email – which was allegedly committed "by digital means, through emails" or emails. Messages that, if they had existed, García Ortiz would have made disappear.