A bold statement to capture attention: Justice in Question: The Controversial Case of Pedro Sánchez's Brother
In a recent development, the Provincial Court of Badajoz has taken a firm stand, sending Pedro Sánchez's brother, David Sánchez Pérez-Castejón, to the defendant's bench. The charges? Prevarication and influence peddling. This decision further solidifies the court's support for Judge Beatriz Biedma, who has consistently upheld her authority in this case.
The brother of the Spanish Prime Minister will now face trial alongside Miguel Ángel Gallardo, the Secretary-General of the PSOE in Extremadura. Gallardo is believed to be the mastermind behind the tailored position of musical coordinator at the Badajoz Conservatory, a public post seemingly designed exclusively for David Sánchez.
Adding to the list of accused is Luis Carrero, a former advisor to Moncloa. Carrero is charged for his alleged ad hoc hiring as an assistant to the President's brother in the Office of Performing Arts. Interestingly, Carrero was working for David Sánchez even before his official appointment at the Badajoz Provincial Council, while simultaneously employed in the Presidency of Moncloa.
The Court's Perspective
The Court clarifies that the matter at hand is not a conviction but rather a decision to continue the investigation. As the presiding judge explains, "What is being challenged is not a condemnatory sentence but an order denying the request to dismiss the case during the summary proceedings. It is, in essence, a motivated resolution that decides on the need to continue the proceedings."
Furthermore, the Court emphasizes that the evaluation of the investigative material cannot be done with the same standards as a final judgment. Thus, it is not appropriate to expect a legal analysis of the case from a procedural order, nor can it "prejudge or anticipate what only the prosecution can do; nor can it influence the subsequent resolution of the opening of the oral trial, which is the responsibility of the investigating judge."
Sufficient Indications of Wrongdoing
The Court reminds us of the basis for the charges of administrative prevarication, which involves "participating in a process aimed at adopting an unjust resolution with a prior administrative intervention." Similarly, it describes the crime of influence peddling, for which David Sánchez Pérez-Castejón is also accused, as an attempt to "influence the decision-making process and condition it." The intensity of this influence, the Court notes, does not need to be objectively decisive or determinative.
The Court's order states, "In our case, there are sufficient indications presented by the appealed order regarding the alleged criminal nature of the imputed conduct, and therefore, the consequence is to continue the proceedings."
David Sánchez's defense argued in their appeal a "nullity flaw" which, if accepted, would have resulted in the nullification of the proceedings, taking them back to the judge's order of July 9, 2024, due to a violation of fundamental rights. Specifically, Emilio Cortés, the lawyer for the Prime Minister's brother, pointed to alleged irregularities in the seizure of corporate emails by the UCO from the individuals under investigation at the Badajoz Provincial Council, including Garrote Ledesma, a PSOE deputy in the Assembly of Extremadura.
The Court's Response
The Court, however, dismisses these arguments, stating that David Sánchez's representation "lacks the necessary standing or burden to raise this issue of procedural nullity." It adds, "It does not affect him as he is a third party who has never appeared in the case to request the nullity for a violation of fundamental rights, nor has he filed any appeal against the aforementioned order of July 9, 2024, of which this Court has previously been aware."
The Court further reminds us that this issue "has already been raised by various parties in this proceeding, including Mr. Sánchez, and we must refer to our previous arguments regarding the absence of any violation of fundamental rights concerning these parties." Finally, on this matter, the Court notes that none of the parties have requested the impeachment of the PSOE deputy, nor has the Public Prosecutor's Office in its autonomous and independent appeal, without formulating any issue of nullity in its extensive challenge."
The Weight of Evidence
The extensive witness statements and investigations, along with the substantial documentary evidence collected by the elite unit of the Armed Institute and reflected in compelling reports, provide a solid foundation for the investigation, which has left the brother of the Prime Minister in a very compromising position.
The reports also highlight the alleged irregular hiring of Luis Carrero, the "friend" and former advisor to Moncloa, as a direct assistant to the President's brother in the provincial administration. The relationship between the two is evident in the analysis by the Civil Guard of the chain of emails exchanged to handle matters related to the job that has them both charged.
In the processing order, it was concluded that David Sánchez had an active role in the selection process for the high-ranking position at the Badajoz Provincial Council: "Having prior knowledge that the position of coordinator of the Conservatory Activities had been created for him, he applied for the position and participated in the interview to simulate the formal legality of the procedure, being the main beneficiary of the same." Furthermore, it was added that "he would have used influence in the Badajoz Provincial Council to obtain a personal benefit, first by ensuring that the conditions of his position were adapted to his personal references, such as not having to go to the office daily and dedicating himself to Opera, and second by ensuring that the person who was already helping him unofficially in the Young Opera project was hired by the Provincial Council and passed to assist him directly, working with him in the same office."
The popular accusation - Manos Limpias, HazteOír, Liberum, Iustitia, Vox, PP, and Abogados Cristianos - has already requested three years in prison and disqualification for David Sánchez and Miguel Ángel Gallardo, as well as the return of the salaries received by the Prime Minister's brother from the Badajoz Provincial Council.
And here's where it gets controversial... What are your thoughts on this case? Do you think the evidence is strong enough to warrant a trial? Or is there a possibility of a political agenda at play? We'd love to hear your opinions in the comments below!
