Sánchez defends his wife's "innocence" after Peinado's latest move.
The judge establishes that the embezzlement trial against Begoña Gómez will be held by a jury.
MadridThe embezzlement case against Begoña Gómez for hiring a maid at the Moncloa Palace who assisted her with private tasks will be tried by a popular court. This was determined by the investigating judge, Juan Carlos Peinado, who in a ruling issued this Tuesday agreed to transform the proceedings into a "procedure for a trial before a jury court." This does not mean that the judge will yet send Gómez, her maid Cristina Álvarez, and the former Secretary General of the Presidency of the Spanish Government, Francisco Martín, the three defendants, to trial, but legal sources indicate that the investigation is continuing. "Time will put things right. The truth is they are innocent," Spanish President Pedro Sánchez stated at a press conference at the UN, referring to the case of his wife and also that of his brother. David Sánchez, who is on the verge of trial.
The suspects are scheduled to appear in court this Saturday at six o'clock in the evening to be formally notified of this procedure. The law stipulates that they have five days to do so once the ruling is issued. Sources from the Madrid judicial administration emphasize in the ARA newspaper that this is a very common decision, as embezzlement cases are prosecuted under the popular jury law. They recall that former president of the Valencian Generalitat, Francisco Camps, was already tried under this procedure in the suits case linked to the Gürtel plot. According to Article 1 of the Jury Court Law, its jurisdiction includes the crimes of homicide, threats, failure to provide assistance, breaking and entering, bribery, influence peddling, and embezzlement of public funds, among others.
In this Saturday's appearance, the law establishes that the charges against those under investigation must be specified. The Prosecutor's Office will request the dismissal of the case, as will the defense attorneys for those involved. However, the private prosecution, brought by some far-right organizations such as Manos Limpias (Clean Hands) and Iustitia Europa (Justice Europe), will advocate for the proceedings to move forward. The parties can also request new proceedings. Peinado must then decide whether to close the case or maintain it, accept or reject the parties' requests for proceedings, and issue his own orders. If he does not issue new ones, he can urge the parties to comment on whether it is necessary to send the case to oral trial.
The investigation into this case has focused on the role of Cristina Álvarez, a Moncloa employee hired as an assistant to the Spanish president's wife. She was found to have exchanged emails with the Complutense University of Madrid regarding the chair headed by Begoña Gómez. Peinado sees a misappropriation of funds, but the Spanish government has maintained from the outset that these types of assistants have performed tasks that were not necessarily of an institutional nature, and gave the example of Jaime de los Santos, who, as an assistant to Mariano Rajoy's wife, accompanied him to buy clothes.
It was for this part of the investigation – Peinado has other lines open against Begoña Gómez – that the judge attempted to charge the Minister of the Presidency, Félix Bolaños, Francisco Martín's predecessor as Secretary General of the Presidency of the Spanish government. But the Supreme Court is going to put a stop to the investigating magistrate. Specifically, Bolaños stated in statements from the corridors of Congress that the "appeal system is guaranteed." "Without a doubt, an impartial court will put things right," the Minister of Justice stated. An appeal against Peinado's decision this Wednesday can be filed with the Provincial Court of Madrid, which already endorsed the investigation into Cristina Álvarez.
Francisco Martín himself has said that the timing of Peinado's decision is "surprising"—he implies that it coincides with the referral of Isabel Díaz Ayuso's partner to trial—and sources at the Moncloa (Ministry of Justice) describe the judge's move as "surreal." According to the ERC spokesperson in Congress, Gabriel Rufián, it is "absurd." Peinado's decision to file a lawsuit against Interior Minister Fernando Grande-Marlaska for alleged violation of the right to honor stemmed from statements in which Marlaska believed the judge was conducting a "prospective" investigation and, therefore, accused him of malfeasance. This follows the lawsuits he has already filed against Transport Minister Óscar Puente and some media outlets.
Feijóo: "It can't be that nothing matters."
Begoña Gómez's approach to trial has prompted an appearance by the leader of the People's Party (PP), Alberto Núñez Feijóo, who, with a serious demeanor, asserted that Sánchez is "absolutely cornered by all the courts," and also referred to the case of his brother, David Sánchez, who will have to attend. "In Spain, it's impossible for us not to care about anything," the conservative president demanded, continuing to wonder how the allies of the PSOE leader's investiture aren't demanding the president's resignation in the face of the judicial ordeal affecting his entourage. Feijóo insisted that one cannot speak of "judicial persecution" against the Spanish government, and even less so now that a jury will judge Gómez. "We hope they don't tell them that there is lawfare, or that they are far-right," he asserted. The president of Madrid, Isabel Díaz Ayuso, also described Gómez's situation as "extremely serious."