The judge of Court No. 2 for Violence against Women of Las Palmas de Gran Canaria has once again referred the case of Juan Fernando López Aguilar to the Supreme Court, and has done so this time against the opinion of the Prosecutor's Office, which has requested that the provisional dismissal of the case be decreed. In her writing, the magistrate makes a new reasoned exposition on the alleged mistreatment of the former socialist minister to his wife, with whom he is in the process of divorce.
Now, the Court will decide whether to open a procedure against the MEP who, being a member of parliament, can only be judged by the Supreme Court. The magistrate had already referred the case to the Supreme Court, which earlier this month decided not to open "for the moment" a criminal procedure against the MEP. In a ruling, the five magistrates of the Chamber considered that the first writing sent by the judge of Las Palmas presented an "argumentative deficit" that prevented the initiation of a procedure. In that ruling, they asked her to carry out a "meticulous analysis" and specify "what facts" could "give rise to the indictment" of López Aguilar.
To do so, the judge took a statement from the MEP's wife again. And after listening to that testimony and learning new facts about the case, the Prosecutor's Office has changed its initial criteria and is now asking for the dismissal of the case. "The personal circumstance of the MEP, the notoriety, public and professional projection of the person to whom these facts are attributed, cannot be turned against him or be a very personal burden, if for the common of the assumptions and diligences in which these characteristics are given, the procedure ends in dismissal and filing", argues the prosecutor Jesús Lomba Montesdeoca.
"Ambiguities and contradictions" in the woman's story
Among other things, the Prosecutor's Office points out in its writing, dated this Thursday, May 28, that there are "ambiguities" and "contradictions" in the statements of López Aguilar's wife, who has not even filed a complaint against him. "There is nothing more to observe than the different statements made in court to delve into that particularity," stresses the prosecutor, who recalls that on the one hand she stated that she did not want to make any accusations against her ex-husband, and yet in another statement she introduced "elements of an unavoidable incriminating significance."
In addition, he adds that "there are also no clinical reports, injury reports, forensic reports that objectify physical aggression" or "direct witnesses who corroborate the version offered." In the same line, the prosecutor refers to the statements made by López Aguilar's wife in the media and even to the text messages she sent to her still husband (from whom she is in the process of divorce) when this case had already begun, and which were provided by the defense.
"Your lawyers asked for something similar to eximenta or dismissal of the judicial issue (sic). They have until Tuesday to argue. The judge wants to continue. Your lawyers must argue the dismissal. I have asked that it be filed and that we be allowed to live in peace," says one of those messages, sent just after her last appearance in the Courts.
Therefore, the Prosecutor's Office considers that the evidence lacks sufficient solidity for the case against López Aguilar to continue, whose defense has already requested the free dismissal. Now, it will be the Supreme Court who decides whether to call him to testify as an accused, after analyzing the new writing of the judge.
