The CGPJ proposes to sanction Judge Peinado for distrusting Begoña Gómez's bodyguards
The judicial power concludes that it committed a minor offense of disrespect
MadridProgressives have prevailed over conservatives on the General Council of the Judiciary (CGPJ) and, thanks to the casting vote of president Isabel Perelló, have proposed to sanction judge Juan Carlos Peinado for a minor offense of disrespect for having suggested that Begoña Gómez's escorts could help her flee. The informational proceedings were opened a month ago and already at that first moment the CGPJ was divided because the conservative members alleged that reviewing the judge's words on precautionary measures was not within the CGPJ's competence. Initially, there was a possible serious offense on the table, but it has finally been reduced to minor. This stalemate of positions, which hindered the first attempt to reach an agreement, has been maintained until the end, but Perelló's casting vote – as in the initial vote – has broken the tie. The final say will lie with the Superior Court of Justice of Madrid, which will now have to decide whether to sanction the judge or not: it can issue a warning, impose a fine of up to 500 euros, or apply both penalties.
"These agents, at a given moment, may, either on their own initiative or following orders from their hierarchical superiors, collaborate in the action or actions to facilitate this escape," said Juan Carlos Peinado in the order sending Begoña Gómez to trial. Subsequently, he apologized for the remarks, but maintained his suspicions. The Madrid Court revoked the passport confiscation of Pedro Sánchez's wife and admonished the judge for a "poorly worded" statement. Now, legal sources familiar with the decision tell ARA that the majority of the CGPJ's Permanent Commission has considered that Peinado's statements exceeded what was necessary to legally justify the ruling and constituted objective disrespect towards the National Police.
The promoter of the disciplinary action – who is in charge of the internal investigation – opted to file the complaint and clear Judge Peinado, but the majority of the permanent commission has ended up correcting him. However, the four conservative members have distanced themselves from this and also advocated for closing the case: "This decision is strictly jurisdictional and reviewable through the ordinary channels of appeals, the review trial is not the responsibility of the CGPJ through disciplinary channels," they allege in their dissenting vote, which ARA has accessed. And they warn that the CGPJ's intervention "affects judicial independence".
On the other hand, the CGPJ has filed the complaint filed by the Minister of the Presidency, Justice and Relations with the Courts, Félix Bolaños, for the leak of his testimony and for the treatment he received. The CGPJ has not found any indication of disciplinary infringement. This decision was made with the dissenting votes of progressives Argelia Queralt and Bernardo Fernández, who believe that a minor offense was committed: "The reiteration of warnings, reproaches about the way of responding and censures of the witness's gestures went beyond an isolated episode of dialectical tension".
A minor offense of delay in another case
Likewise, the CGPJ has lodged another complaint with the TSJ of Madrid against Juan Carlos Peinado within the framework of another case. The journalist Nacho Abad filed a complaint for a delay that he considered unjustified in the resolution of a request for archiving. Legal sources point out to ARA that the internal investigation has concluded that there are no indications of deliberate action or a serious infraction, but it has detected a delay – close to three months – attributable personally to the magistrate when the matter was in a position to be resolved. The conclusion has been a minor offense of delay.
Three more complaints dismissed
On the other hand, the CGPJ has dismissed three more complaints against Judge Peinado. The first was filed by Cristina Álvarez – Begoña Gómez's advisor at Moncloa – for the leak of a judicial resolution that OK Diario published before it was signed and notified. The second related to the end of an investigation for alleged corruption that affected a high-ranking official of the Madrid City Council following a complaint filed by Més Madrid. The third came from a private individual, who complained that the judge did not allow him to testify by video conference, treated the lawyers with disrespect, and ordered disproportionate precautionary measures.