The former president of Sacyr Luis Del Rivero has appealed the decision of Judge Manuel García Castellón who last week closed the investigation into the commission of Caixabank and Repsol to commissioner Villarejo without criminal reproach for either the companies or for Isidro Fainé and Antoni Brufau . He accuses him of undertaking an exercise in "legal sleight of hand" in order to reach that conclusion.
The brief, to which ABC had access, indicates that the judge, with that decision, "silences" that the Criminal Chamber "verified that rational indications of criminality emerged from what had been done" against Fainé and Brufau, among others, when he ordered to reopen the investigation that months before, had already been considered exhausted.
“The investigating magistrate, with such a relevant exception, seems to intend to retrace what has been done and audited by the appellate body without even bothering to address those indications and try to contradict them in some way.
More limitedly, it avoids the intellectual challenge of facing its analysis and builds its resolution as if they did not exist, which, without a doubt, is arbitrary, ”argues Del Rivero's defense.
In this sense, he criticizes that the judge files the case for the former president of Caixabank and the president of Repsol, reasoning that the tests carried out do not lead to conclusive evidence against them, but "what he describes as the result of the proceedings is not the result of an analysis or reasoning but a kind of poorly summarized record of what were the statements of several witnesses and one investigated ». He says that beyond that, he lacks motivation.
«It is a conveniently mutilated summary, which hides any passage of the statements that could reinforce the evidence against those investigated. It is, therefore, an assessment -rectius, transcription- biased, unidirectional, of investigation proceedings that, in any case, have little importance of discharge », he alleges in the appeal.
For Del Rivero, who throughout 116 pages recalls the signs that were observed in the imputation of natural and legal persons in the case to influence that they have not been refuted, "a change of course is seen in the instructor, who , ignoring the argumentation used in his first filing order, which did not pass the control of superiority, has changed his reasons (...) ignoring the incriminating elements highlighted by the appellate body».
