The Superior Court of Justice of Andalusia (TSJA) has agreed to return to the Investigating Court number 5 of Granada the cause of the kidnapping of the socialist councilor of Maracena Vanessa Romero and not to initiate prior criminal investigation proceedings against the regional deputy of the PSOE and appraised Noel López, understanding that the necessary investigative measures have not been exhausted that would make it possible to affirm with “clarity”, at this moment of the investigation, the facts attributed to him in relation to this matter.
In an order dated this Thursday, June 15, the Civil and Criminal Chamber of the TSJA archives the special case that it opened for this matter so that the Investigating Court can continue investigating, without prejudice to the fact that it can send a new reasoned statement to the High Court once the necessary steps have been taken to determine the facts. For the moment, the TSJA considers the remission of the proceedings made by the examining magistrate “premature”.
The TSJA maintains, and the Public Prosecutor agrees with this, that the necessary investigative procedures have not been exhausted that allow the facts that have been attributed to Noel Lópel to be affirmed with the necessary clarity at this moment of the investigation, and the investigation must continue with the carrying out of essential investigative procedures that were not carried out, precisely to be able to corroborate in an indicative way its existence and criminal scope, with respect to Noel López and, as well as the current acting mayoress, Berta Linares, and the Town Planning councilor at the time of the facts, Antonio García Leyva.
“Therefore, it is not enough that a taxpayer appears mentioned or that the possibility that more robust incriminating data against him emerges during the course of the investigation is ventured. It is necessary that indications of responsibility be detected that entail the need to direct the procedure against el aforado”, adds the order, where it is stated that the indications that have allowed the investigating judge to refer the case to the TSJA are based on the statements of the alleged kidnapper in relation to those of the kidnapped councilor, and the locations obtained from both , and other people, at certain places and times.
The car warns that essential investigative steps have not been carried out, such as the statement “of people who are accused of participation” in the kidnapping of the councilor. He therefore sees it as “essential and indispensable” to confront the statements and accusations of the kidnapped councilor and the alleged kidnapper with what Berta Linares and the former mayor of Urbanism have to declare.
For this reason, the order concludes, “as long as the above circumstances do not occur, with the practice of all the necessary and essential steps for its determination”, the investigation corresponds to the ordinary Court legally competent for the investigation. Thus, the Civil and Criminal Chamber does not initiate preliminary investigation proceedings and archives the open special case, returning it to the Court.
For its part, the Investigating Court number 5 of Granada decided in an order dated this past Wednesday not to consider the three political leaders whose alleged participation in the events was referred to the TSJA as part of the case; this is Noel López, Berta Linares and Antonio García Leyva.
The judge considered in his order on Wednesday that, after his decision to deduce testimony against the three before the TSJA, “they cease to hold the status of procedural party” in the preliminary proceedings “since their object is solely and exclusively an alleged crime of detention illegal act allegedly committed as material author by Pedro G. R.”.
The decision of the investigating judge means removing the three from the cause of the material authorship of the kidnapping, whose alleged perpetrator has been in pretrial detention since his arrest, since he understands that the TSJA should be the one to investigate them, although it has just The performances will be returned this Thursday.
The defenses of the three politicians justified their request to be present in both instructions “for the sake of exercising the right of defense” and in this way be aware of all the proceedings that are carried out. The instructor recalls that the criminal process does not contemplate that they can be part of it with a mere purpose of “observer”. This procedural figure does not exist in the Spanish legal system.
Last Friday, the PP reached a four-member agreement to govern in the Maracena City Council together with Vox, Quiero Maracena and Maracena Conecta 2023, an accelerated pact due to the step backwards of the PSOE candidate, Berta Linares, who resigned hours before with the objective of preventing the extreme right from reaching the mayoralty, despite being the list with the most votes.
The kidnapping of Councilwoman Vanessa Romero in February and her possible connection led to the loss of the absolute majority in the consistory.
That resignation was in vain, since a few hours later, the PP spokesman and candidate for the Mayor of Maracena, Julio Pérez announced said pact in which there are still “fringes” and red lines to be defined.
