The CGPJ sends to the Madrid courts the complaint about Peinado for distrusting Begoña Gómez's bodyguards
The Judicial Power concludes that he incurred a minor offense of disrespect and urges the TSJ of Madrid to sanction him
MadridProgressives have prevailed over conservatives in the General Council of the Judiciary (CGPJ) and, thanks to the casting vote of president Isabel Perelló, have proposed sanctioning judge Juan Carlos Peinado for having insinuated that Begoña Gómez's escorts could help her flee. The informative proceedings were opened a month ago and already at that first moment the CGPJ was divided because the conservative members argued that reviewing the judge's order on precautionary measures was not within the CGPJ's competence. This entrenchment of positions, which halted the first attempt to reach an agreement, has been maintained until the outcome, but Perelló's casting vote – as in the initial vote – has broken the tie. Now the Superior Court of Justice of Madrid will have to decide whether or not to sanction the judge: it can issue a warning, impose a fine of up to 500 euros, or apply both punishments.
Initially, the promoter of the disciplinary action proposed dismissing the complaint because they considered that they could only analyze the case if it was sent by the superior court that had to study the resolution as a result of an appeal filed against it. But the Permanent Commission has concluded that there are precedents that allow sanctioning him equally without having to wait for this prior step. In fact, it recalls the case of a judge who was suspended from duty for repeatedly using disparaging remarks against the Generalitat de Catalunya.
"These agents, at a certain moment, can, either on their own initiative or following orders from their hierarchical superiors, collaborate in the action or actions to facilitate this flight", said Juan Carlos Peinado in the order sending Begoña Gómez to trial. Subsequently, he apologized for the remarks, but maintained his suspicions. The Madrid High Court revoked the passport confiscation of Pedro Sánchez's wife and reprimanded the judge for "unfortunate wording". Now, legal sources familiar with the decision tell ARA that the CGPJ has considered that Peinado's statements exceeded what was necessary to legally substantiate the resolution and constituted an objective disregard for the National Police.
On the other hand, the CGPJ has dismissed 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 exceeded an isolated episode of dialectical tension".
A minor offense of delay in another case
Likewise, the CGPJ has filed another complaint with the TSJ of Madrid against Juan Carlos Peinado within the framework of another case. Journalist Nacho Abad filed a complaint for an unjustified delay – of a year and a half – in the resolution of a request for dismissal. Legal sources point out to ARA that the internal investigation has concluded that there are no signs of deliberate action or a serious infraction, but it has detected a delay – close to three months – personally attributable to the magistrate when the matter was in a position to be resolved. The conclusion has been a minor offense of delay in the dispatch of matters.
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 – advisor to Begoña Gómez at Moncloa – for the leak of a judicial resolution published in OK Diario before it was signed and notified. The second related to the end of an investigation into alleged corruption that affected a senior official of the Madrid City Council following a complaint filed by Más Madrid. The third came from a private individual, who reported that the judge did not allow her to testify by video conference, treated the lawyers with disrespect, and ordered disproportionate precautionary measures.