The Prosecutor's Office requests the dismissal of the lawsuit against the judge of the dana

ValenciaThe Prosecutor's Office of the Superior Court of Justice of the Valencian Community has requested the dismissal of the complaint against the judge investigating the management of the DANA, Nuria Ruiz Tobarra, for the alleged participation in the case of her husband, also a magistrate, Jorge Martínez Ribera. This was reported this Monday by the public prosecutor's office through a statement, in which it explains the reasons why it rejects the lawsuit filed a few weeks ago by the ultra agitator Rubén Gisbert with the aim of removing the magistrate.

According to the public prosecutor's office, the facts described by the also far-right lawyer "do not reach the threshold of criminal offense" and do not constitute any of the crimes of which Tobarra has been accused: coercion, disclosure of secrets, usurpation of public functions, prevarication, concealment, and omission of the duty to prosecute certain crimes.

The Prosecutor's Office's opinion is added to that of the judge herself, who at the beginning of March already decided not to admit for processing the incidents to recuse her and declare the nullity of the proceedings filed by Gisbert, considering that they constituted "procedural fraud" and that they only sought to remove her with "all sorts of rude and unconnected arguments" and a "bill of grievances." The investigating judge stated at the time that the lawyer's brief "reeks of contempt, not only professional, but also personal malice" and "absolute animosity" towards her, in addition to being "a mishmash of ideas" that place it in "a parallel reality, procedural and factual."

The complaint, which ARA had access to and which is also subscribed to by three families of victims, echoes recordings disseminated by OK Diario in which the voice of the judge's husband is allegedly heard "interrupting, asking [witnesses] and actively participating" in witness testimonies in the case, as well as making comments to Tobarra and the clerk who transcribed them. "The magistrate acted in court under the instructions and assistance of a third person who turned out to be her husband," it is stated in the document, which assumes that this constitutes an "interference" and "defect" in the investigation.

In the complaint, filed with the Superior Court of Justice of the Valencian Community, Gisbert cites several victims who assure that Martínez Ribera "not only was present during the entire testimony, but also took an active part by asking questions and intervening." He adds that, in a supposed WhatsApp group of other victims, a "large number" of those summoned to court assure that the magistrate's husband even "carried out the investigation himself in place of the investigating magistrate." He insists, however, that this is not an isolated interference, but a "constant situation that is poisoning the investigation and diverting it."

For all these reasons, the complainants request as precautionary measures the "immediate" removal of Ruiz Tobarra from the proceedings, the "declaration of nullity of the investigation," and the suspension of her and her husband from the judicial career. They also demand a "psychiatric evaluation" of Tobarra to clarify whether her alleged actions were conscious and premeditated or if, on the contrary, she acted because she is "mentally incapacitated for the exercise of her functions." In the latter case, they request to proceed to her "retirement."

This is not the first time that parties involved in the case have pointed to the alleged participation of Tobarra's husband in the investigation. The lawyer for the former number two of Emergencies, Emilio Argüeso, already requested to open proceedings in September for this matter, and the defense of the former minister Salomé Pradas transferred the complaint to the General Council of the Judiciary. The judge attributed these accusations at the time to a "defamatory campaign" and "atrocious sexism".