"It is impossible for us to be convicted, we may have been wrong, but we have never knowingly acted unjustly, which is what we are accused of, for prevarication." This was the first assessment of the president of the Cabildo, Pedro San Ginés, after learning of the order that orders the opening of oral trial against him and against two other people who intervened in the seizure of the Montaña Roja desalination plant, the secretary of the Cabildo Francisco Perdomo and the former manager of the Island Water Council, José Juan Hernández Duchemín.
The president made these statements in an official statement issued by the institution's press office, which also makes legal assessments questioning the content of the order issued by the investigating judge. However, although San Ginés leaves the door open to continue trying to delay the trial depending on the "next step determined" by his "legal strategy", at the same time he assures that he is "eager" for that moment to arrive.
"For my part, what I am eager for is to sit down as soon as possible, to clarify any doubts. I made the decision that I considered most appropriate and fair. The one that the secretary of the Corporation and the legal advisor previously indicated to me was possible, legal and without a court order, as they declared in court," assures the president, despite the contradictions that existed between his statement and that of the secretary, who is also accused in the case. As for the "legal advisor", Ignacio Calatayud, he was also charged, although the charges against him were dropped by the controversial judge Alba, who shortly before being removed from his position for being in turn awaiting trial, upheld an appeal by the defense of this lawyer.
Reiterates the arguments that were already rejected by the judge
In his statement, the president also reiterates the arguments that he has been making both publicly and in the Courts since his indictment in this case, and which have already been rejected by the investigating judge, who closed the investigation of the case concluding that there was sufficient evidence of a crime to bring him to trial.
When issuing that order putting an end to the investigation a little over a year ago, the judge opened the period for the parties to present their statements of accusation, although finally only the popular accusation, exercised by the Podemos group in the Cabildo, did so. Precisely in this the official statement of the Cabildo emphasizes, pointing out that the Public Prosecutor's Office "requested the provisional dismissal of the proceedings" last May, as a result of Alba's order and changing the criteria that it had maintained until that moment.
"Now it continues only with the popular accusation", indicates the official statement of the Cabildo, affirming that it is a "very controversial fact by the justice, that in multiple resolutions has considered that when the Public Prosecutor's Office and the complainant do not support the accusation, the popular action is forbidden".
"Popular action takes on special relevance in corruption crimes"
In this regard, the investigating judge's order explains his decision analyzing the different jurisprudence and concludes that in this case the "Botín doctrine" cannot be applied, as requested by the accused. "Popular action takes on special relevance in corruption crimes, in those criminal modalities that, due to their reiteration and the damage they generate in the social fabric, are of special concern to citizens", the magistrate points out, adding that "in those cases it is where the exercise of popular action can end up benefiting the general interest".
Thus, he concludes that the accusation made by the Podemos group in this case, through the councilors Carlos Meca and Pablo Ramírez, is fully "legitimized" to be able to put the three accused in the dock, with a request for 12 years of disqualification for each one.
However, San Ginés maintains that "this is a political trial that against all odds -if it is held- will be only at the request of the political formation Podemos". Next, that yes, he adds that "beyond the concern of going through this ordeal", he has "full confidence in the courts"