The challenge to judge progressive José Ricardo De Prada, paragraph of the court in the case Barcenas for having declared proven accounting parallel of the PP in the trial central Gürtel, now acquires a new dimension. The pdp have filed a new brief in the Supreme Court with the objective of using the recent recusal of the magistrate as the basis for the overthrow of the ruling that condemned the party for benefit of the plot led by Francisco Correa. In the document, which has had access to THE COUNTRY, the formation conservative argues that the decision of the National Audience, of keeping Of Prada “, demonstrates the lack of impartiality or appearance of impartiality” of the judges who signed the ruling Gürtel.
This initiative of the popular occurs after that, the last 4 of October, the Sala de lo Penal of the Audience left by half to rule on the disqualification of the judge, who had applied for the PP Luis Barcenas. Seven judges were opposed. But eight voted in favor because, as stated in the order issued, were credited to the impartiality of Prada had been “compromised” by having “already taken position in respect of relevant matters which were not the subject strictly from prosecution in that first proceeding.”
the disqualification of The trial judge who sentenced the PP in the Gürtel party to the National Audience, The PP achieved from the ‘case Barcenas’ to a judge who condemned the party in Gürtel
An argument used by the party in the new brief presented to the Supreme dated this Tuesday. In the document reports to the high court from the decision of the Hearing of the challenge to Prada, and point to the paragraphs critical of the magistrate. But, in addition, the PP remacha: “If the assertions controversial of the sentence were unnecessary, as stated repeatedly by the National court, in the measure in which they have an undoubted content of imposition of criminal liability for the PP damage, in addition to its honor, its rights of defence and his right to the presumption of innocence, and by their nature accusatory, and your character extra petita highlight the lack of impartiality or appearance of impartiality of the judges who sign them”.
With this writing, the party led by Pablo Casado elaborates on the thesis that it had stated in the Supreme last August, when he was informed that the Hearing had been accepted to study the disqualification of the magistrate progressive. The training, which has been condemned as a participant to title lucrative, he stressed then that they had infringed his right to an impartial judge. In fact, members of the party have not ceased to repeat that theory. “The disappointment of the National court, the judge of Prada demonstrates that the sentence that you used Pedro Sanchez to justify his motion Frankestein against Rajoy, with the support of the communist coup and filoetarras, was a fraud anti-democratic”, and struck out Rafael Hernando, exportavoz of the PP in the Congress, last Sunday.
The sentence Gürtel, may 2018, triggered the censure motion that ended with the Government of Mariano Rajoy. Since then, the popular have poured out numerous attacks against the judge Of Prada, that was included by the PSOE in the turn of lawyers for the failed renewal of the General Council of the Judiciary last fall. Then, during the mandatory appearance before the Congress of Deputies, the spokesman of the PP in the commission, Carlos Rojas, and he retorted: “it Is good for the Spanish courts to stop you from doing what you were doing, that you stop putting sentences and move to an administrative body”.