The First Section of the Provincial Court of Las Palmas has rejected the appeal filed by the former president of the Cabildo, Pedro San Ginés, to avoid the new trial that could lead him to the dock, for a crime of false accusation in the case of the Tourist Centers.
“The indications exist and are solid and consistent,” the Court points out, thus endorsing the order of the Court that ended the investigation of that case, opening the term to present the indictment. In addition, lthe resolution condemns San Ginés to pay the costs caused by his appeal.
“The appellant dedicates his most spirited efforts to discussing the facts that are imputed to him and for this he exposes a whole series of arguments of discharge, but the truth is that his exculpatory allegations fail to counteract the forcefulness of the incriminating evidence against him,” the order warns.
In any case, it emphasizes that the “objections” raised by the defense “lack greater foundation in this procedural phase.” And it insists that now, it should only be determined “the existence of rational indications of criminality against the accused, which in principle there are, to legitimize the continuation of the procedure.” The rest, it indicates that it should be “assessed in the oral trial phase.”
For this, the investigating judge must now issue a final order ordering the opening of oral trial, when he receives the indictments. But for the moment, the Court has already ratified the one it issued putting an end to the investigation, concluding that there were “indications of criminality.”
“The contested resolution is fully adjusted to law and must be confirmed by its own and successful foundations. Therefore, it is appropriate to confirm the continuation of the case against the investigated appellant, since it is not possible to appreciate in the present case any insufficiency or excess in it, where the instructor, with prudence and without prejudging, alludes to the facts that may be punishable and the possible person responsible for them,” the Court insists.
“He tried to involve third parties” with “false accusations”
These proceedings were opened by the complaint filed by the daughter of the already deceased Antonio González Medina, who was charged for almost a decade in the case of the Tourist Centers, of which Pedro San Ginés was a complainant and witness. After this procedure was definitively archived, this one was opened against San Ginés for a crime of false accusation and/or false testimony.
“The illicit action of the investigated developed through various police and judicial actions that occurred between December 2009 and October 2019, openly lacking the truth and imputing to Antonio González Medina and the entity Climafrical S.L. various illicit acts of undoubted significance and gravity, justifies the opening of an accusation trial against him,” the judge stated in the order with which he closed the investigation on February 9, and which has now been confirmed by the Court.
The magistrate recalled that Pedro San Ginés first went to the UCO agents, who had traveled to the island when the Unión case broke out, “to, knowing the injustice and lack of veracity of his accusations and with full knowledge of it, try to artificially involve third parties unrelated to said investigation in illicit acts of the same or similar nature.” In addition, he recalled that the complainant in the Unión case was Carlos Espino, against whom San Ginés requested that actions be initiated. “The intention of the investigated was clear,” the judge concluded.
Pedro San Ginés also went to the Duty Court later, where he personally filed another complaint, “making the same false accusations,” according to the magistrate. To this was added the one later filed by the Tourist Centers under his presidency in the Cabildo, and all ended up in the same procedure, in which San Ginés testified twice as a witness, maintaining his “false accusations.”
“This affected both the proper functioning of the Administration of Justice, as well as the honorability and interests of those who had to endure a long criminal investigation,” the order stated, which also emphasized the consequences that the “illicit action” of San Ginés had for Antonio González, “both from the personal point of view, being subjected to a long investigation, as well as patrimonial, to the point, for example, that he was imposed the provision of a bond for the amount of 1,362,809.44 euros.”
