Pedro San Ginés (Canarian Coalition) has appealed the order of the Supreme Court that agreed to continue the case opened against him for false testimony and false accusation and has asked the High Court to dismiss the case. In the appealed ruling, issued last May 5, the Criminal Chamber of the Supreme Court summoned the Prosecutor's Office and the private prosecution to request the opening of the oral trial within ten days.
The order of May 5 followed that of April 9, when the High Court reversed its decision, annulled the free dismissal and the definitive dismissal of the case agreed a year earlier, ordered its continuation and assured that its dismissal had been "hasty".
In this appeal, San Ginés' defense tries again to avoid the holding of the trial and requests a new dismissal of the case. To do this, he insists on the idea that the then president of the Cabildo appeared at the Civil Guard barracks of Costa Teguise on Wednesday, November 11, 2009, at 10:30 p.m., to report Carlos Espino, Antonio González and José Manuel Páez for the contracts between the Tourist Centers and González's company, Climafrical because he had been summoned to testify by the Central Operative Unit (UCO) of the Civil Guard within the framework of Operation Unión, the largest corruption case in the Canary Islands, and that it has nothing to do with this other case.
The case opened by this complaint from San Ginés was finally dismissed after a decade, but the businessman died in April 2020 waiting for its definitive dismissal. Antonio González's family has since appealed to the courts to defend their father's memory because "he cannot defend himself," as his daughter stated three years ago in an interview with this media.
The Public Prosecutor's Office already insisted in the writing where it appealed against the initial dismissal of the case that the complaint filed by Pedro San Ginés against Carlos Espino and the contracts of the Tourist Centers with Climafrical was a response to the complaint filed by Espino before and the Unión case. The Prosecutor's Office also highlighted that San Ginés "orchestrated a false action", using police officers and "lying" in his judicial statements. These accusations not only reached Espino, but also the owner of Climafrical, Antonio González, to whom "he was asked for a bond of more than one million euros".
In the new attempt to avoid the opening of the oral trial, San Ginés has asked the Supreme Court to summon Astrid Pérez, former CEO of the Art, Culture and Tourism Centers, as well as José Juan Lorenzo, managing director of the CACT, and the investigating judge who dismissed the case that began with San Ginés' complaint, to testify as witnesses. In addition, he has also asked the High Court to request several actions carried out between 2009 and 2011, as well as to collect the statement of the Civil Guard officers and the press officer of the Cabildo in those years. He has also asked to testify again.
He relies on his status as a person with privileged jurisdiction
The National Executive Committee of the Canarian Coalition designated Pedro San Ginés as a candidate for the Senate for the Autonomous Community of the Canary Islands in 2023. From that moment on, he became a person with privileged jurisdiction, and his judicial cases were to be judged by the Supreme Court. The High Court dismissed the case for the hiring by Pedro San Ginés of his friend the lawyer Ignacio Calatayud in the bankruptcy proceedings of Inalsa and also, although it later reopened the case, closed the investigation for false testimony and false accusation.
In the appeal addressed to the Supreme Court, San Ginés' defense assures that the judicial resolutions that were carried out before the privileged jurisdiction and on which the High Court relies to reopen the case for false testimony and false accusation were dictated by "judicial authorities without the special doctrinal authority and qualification" that "is attributed" to those who must judge "persons with privileged jurisdiction".
Thus, he asks the Supreme Court to "avoid the complete nonsense that could mean that an oral trial is opened against a senator". In addition, he insists that this new resolution that supports the continuity of the case "dispossesses" San Ginés of "the special rules of protection of the person with privileged jurisdiction" and asks him to "avoid closing the investigation phase" with "resolutions prior to the privileged jurisdiction" to protect his role as senator and avoid "the penalty of the dock".
According to the appeal to which La Voz has had access, the procedural representation of the current candidate to be secretary general of the Canarian Coalition defends that the instructor of the Supreme Court "detected errors of enormous relevance" when he decreed the now dismissed dismissal of the case, while defending that San Ginés did not go to the police station to report, but "to testify" in the framework of Operation Unión.
In this sense, the defense requests "a new resolution of dismissal" and insists that there was "material reality" in the alleged irregularities reported by San Ginés, although that complaint ended in dismissal and dismissal of the case and led to Antonio González's family denouncing the former president for false testimony and false accusation.
The defense of the non-elected senator of the Autonomous Community insists on the right of the accused "not to be subjected to unfounded accusations" and praises the judicial resolution that decreed the dismissal of the case in the first instance. "Not only could it not be a crime, but it would be precisely the opposite, that is, the fulfillment of the duty to report of the authorities and officials."
To pursue the dismissal, San Ginés defends that he provided documents to the investigation that "may not have been taken into consideration in the first decision of dismissal" and, therefore, "in the subsequent debate" because they were sent three days after the Court initially decreed the dismissal.