Delgado & Stampa case, an imperfect crime

Ignacio Press, the first and main prosecutor of the Tandem-Villarejo case, the man who promoted the three pieces whose oral trial in the National High Court resumes today, Monday, November 15, will not be present on the podium because the State Attorney General, Dolores Delgado, orchestrated a settling of accounts that ended his performance in the Anti-Corruption Prosecutor’s Office at the end of October 2020. This settling of accounts, the details of which he has raised with the Fiscal Council, Delgado’s advisory body, the Criminal Prosecutor of the Supreme Court, Salvador Viada, far from being a perfect crime that culminated in Stampa’s beheading, it has left traces in the form of documents and witnesses that they have been recipients of the instructions and suggestions of the technical secretariat of the State Attorney General’s Office, which assists Dolores Delgado, and that does not have institutional authority over the prosecutors. Stampa, now assigned to the Madrid Prosecutor’s Office, has promoted two procedures. One before the Contentious-Administrative Chamber of the Superior Court of Justice of Madrid and another before the Ministry of Justice as a claim for patrimonial reparation for the alleged professional damages suffered

What are the motives that drove the operation against Stampa? We are in June 2018. Delgado has just been appointed Minister of Justice. On July 11, 2018, one of the former commissioner’s partners was arrested Jose Manuel Villarejo. It’s about the ex-commissioner Enrique Garcia Castaño. His lawyer is the former judge Baltasar Garzón whose firm also defends others investigated in the Tandem case. The former judge personally assists García-Castaño during the search and detention to which he is subjected. And his firm publishes a statement in which it describes the arrest as a “disproportionate act of the Prosecutor’s Office, which unilaterally and without a decision from the judicial body that investigates the facts, has issued an arrest decree during the registration of his address & mldr; & rdquor;

The audio of a meal

At the end of September 2018, an audio was filtered of a meal that police officers had held with Villarejo in 2009, in which Garzón and Delgado participated. The former judge files a complaint for discovery and disclosure of secrets as a result of that leak. The document excludes, as on the occasion of the arrest of García Castaño, the authorities and officials of court number 6 of the National High Court. Garzón points to the Prosecutor’s Office. The former minister and now, at the end of February 2020, the state attorney general, comments with his collaborators that Stampa is responsible for the leak of the audio of the meal with Villarejo. This statement presents a problem: the audio in question is not part of the material seized from Villarejo after his arrest. Therefore, it is a material to which the prosecutors and the investigating judge have not had access.

In the wake of an anonymous complaint encouraged by those who want the nullity of the investigation of the Tandem case if accused to Stampa and to the fiscal Miguel Serrano of summary leaks. The Prosecutor’s Office opens proceedings. But only against Stampa. The far-right party Vox files another complaint with the Superior Court of Justice of Madrid (TSJM) against both prosecutors. But only Stampa is being investigated.

The lieutenant prosecutor of the TSJM Carlos Ruiz de Alegria proposes conclusively, after doing errands, the file. The FGE orders him to repeat proceedings. Reproposes the file on October 23. The FGE persists in making more inquiries. What for? It needs to arrive by October 27. Because the FGE will take to the Fiscal Council the proposal to award eight fixed positions in the Anticorruption Prosecutor’s Office. Stampa and Serrano are contenders. And the FGE does not want the file before that meeting because it is not going to propose to Stampa. Eureka! It is the formula to load it. And it succeeds. The members say ‘yes good’ to the FGE.

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In order not to be immediately exposed, the FGE proposes further proceedings to the TSJM. Prosecutor Alegría refuses. And in response to what is asked of you, your boss, Jesus Knight Klink, relieves you as an instructor. As he aspires to be renewed in his mandate, which has expired in September 2020, Caballero Klink does good writing. He goes through the suggested errands, not without clumsiness, but he proposes the file again. His mandate in the TSJM will not be renewed.

The icing on the cake: the suggestions of the technical secretariat of the FGE to the TSJM to extend the feigned proceedings are withdrawn from the file to prevent the hand that has rocked the cradle from being evident. And that they are proof that Dolores Delgado, who is initiating proceedings against Stampa, should also – apart from the fact that she is a Gazón couple – have also abstained.

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