The judge of the National High Court Manuel García-Castellón, instructor of the Tándem-Villarejo case, has concluded the investigation of piece 21, regarding the hiring of commissioner José Manuel Villarejo by Repsol and CaixaBank in 2011, and has limited the possible criminal liability to the former security officers of both companies.
In a resolution known this Monday, the magistrate files the procedure for Luis Suárez de Lezo, former general director of Repsol and current secretary of the board of directors, and other former directors of the oil company and CaixaBank who declared as investigated as Joaquín Uris, Juan de Amunátegui and Antonio Masanell.
The closure of piece 21 occurs when the appeals filed by the Anticorruption Prosecutor’s Office and by the former president of Sacyr Luis del Rivero against the decision of the instructor to exonerate the former president of Repsol, Antonio, are pending resolution by the Criminal Chamber of the National Court. Brufau, and the former president of CaixaBank Isidro Fainé, as well as the two companies. García-Castellón considers that there are no indications that the top managers were aware of Villarejo’s hiring and affirms that the crime prevention system was adequate.
After the closing of the investigation, the judge considers that there are indications that the former security chiefs of Repsol Rafael Araújo and CaixaBank Miguel Ángel Fernández Rancaño, as well as the retired commissioner José Manuel Villarejo, his partner Rafael Redondo and the policeman Enrique Garcia Castaño for the commission to the ex-commissioner to spy on the president of Sacyr Luis del Rivero in order to prevent this group from gaining greater control over Repsol through an agreement with the Mexican oil company Pemex. The judge also agrees to proceed against the one who was number two of Araújo, Rafael Girona.
The magistrate attributes to the two heads of Security and to Girona an alleged crime of active bribery, to Villarejo and Redondo passive bribery and discovery and disclosure of secrets, while the judge attributes this last crime to Enrique García Castaño.
The instructor states that in 2011 the Cenyt group, Villarejo’s royal property, prepared a series of reports on Luis del Rivero, his wife, the head of security for Sacyr and the former financial director of Repsol with whom the company of the then active commissioner accessed information, telephone calls made by Del Rivero and its environment, which constitute data of a reserved nature that is not accessed by open sources or public records. The traffic of calls and communications was allegedly facilitated by Enrique García castaño, then head of the Central Operative Unit of the Police.
The Villarejo company received payments for this order from Repsol and CaixaBank for a value of 413,600 euros, of which 218,900 correspond to payments of the first and 194,700 to the second.
The magistrate points out that when these events took place, Villarejo was a commissioner of the National Police Corps and that there was no ongoing police investigation that would justify the request for data traffic on the people investigated by the Cenyt group.
Regarding the two security directors, the judge explains that, in view of the proceedings carried out, both had a high degree of organizational and contractual autonomy. In this sense, adds the judge, both investigated “had wide margins of contracting, decision and order of payments in relation to the field of security of the aforementioned companies.”
From now on, individual accusations have a period of ten days to request the opening of an oral trial by formulating an accusation document or the dismissal of the case.
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