The prosecution opposes (for the time being) charging Mazón in connection with the DANA storm.
The public prosecutor's office does not see "sufficient strength" in the evidence against the former president.
MadridThe Public Prosecutor's Office does not believe the time has come to formally charge Carlos Mazón. The public prosecutor has opposed the request made a couple of weeks ago by the investigating judge in the case, Nuria Ruiz Tobarra, to the High Court of Justice of the Valencian Community (TSJPV) because it does not yet see "sufficiently solid data or evidence" against the former president of the Generalitat. However, it does not rule out the possibility of such evidence emerging later and maintains that the judge should continue her investigation. Ruiz Tobarra cannot take the step of formally charging him herself because Mazón is a regional deputy and, therefore, enjoys parliamentary immunity. For this reason, she asked the TSJPV, in a reasoned statement, to assume the investigation of the former head of the Valencian government. for manslaughter, negligent injury, and failure to provide assistance given the conclusion that their handling of the disaster was one of "negligent inaction".
The parties involved in the case had until Monday to respond to the investigating judge's request. In a written statement, the chief prosecutor of the Valencian Community, José Francisco Ortiz Navarro, argues that the judge of first instance should continue investigating "without prejudice to the outcome of the investigation." "It cannot be overlooked that statements may be made during the proceedings" or "documentary evidence may emerge that could support the theory that the former president of the Generalitat gave specific orders or instructions related to the management of the emergency," says Ortiz Navarro. Meanwhile, the private prosecution brought by the Association of Victims of the October 29, 2024 DANA storm, one of the most vocal critics of Mazón's handling of the situation, argues that he should be formally charged now, but that his parliamentary immunity should be disregarded, allowing the judge to investigate him herself in Catarroja. In contrast, the former heads of Emergency Services who are under investigation—former councilor Salomé Pradas and former secretary Emilio Argüeso—are requesting that, if the investigation against the former president is admitted, the regional court assume the entire case. The decision now rests with five judges of the civil and criminal chamber of the High Court of Justice of the Basque Country (TSJPV).
Without "certainties"
The prosecution's brief argues that Mazón would be responsible if he had given "direct instructions or directions" to Pradas because his "preeminence" as president obligated the former regional minister to comply. However, "at this stage of the proceedings," the prosecution states, "there is no certainty" that he did so. Ortiz Navarro finds the calls between the former president and the former regional minister, as well as the conversations between Pradas and Mazón's former chief of staff, José Manuel Cuenca, suspicious. However, "the content is unknown with certainty," he insists, although "it cannot be ruled out" that Mazón did assume control of the crisis through these channels.