The judge pushes Ábalos and Koldo to confess to avoid “significantly extensive” prison sentences

José Luis Ábalos y Koldo Garcia This week they received with relief two orders in which the Supreme Court judge kept them free. But beyond that final operative part that left the precautionary measures untouched, the content of the resolutions predicted that this relief could very well be temporary. The magistrate Leopoldo Puente paints a gloomy picture for the former minister and his right-hand man in Transport: reinforced evidence of several crimes that carry long sentences and a close trial whose proximity could lead to preventive detention that ensures his presence in the dock.

The criminal horizon of the two investigated appears united and it seems that it could only change if one of them decides to collaborate with Justice to considerably reduce possible sentences. For the moment, both have agreed again this week on the procedural strategy. Neither of them agreed to give explanations to the judge and the chief Anti-Corruption prosecutor, Alejandro Luzon.

The magistrate interpreted it this way in Wednesday’s order referring to the former minister: «Mr. Ábalos Meco has preferred to take advantage of his constitutional right not to declare, thus not providing any reasonable explanation that could justify the existence of those income for reasons other than those attributed to him in this procedure; and that, furthermore, they appear corroborated, by the person who has acknowledged making those illicit payments to Messrs. García Izaguirre and Ábalos Meco.

This last phrase refers to the businessman investigated Victor de Aldamareleased after collaborating with Justice and who reported money deliveries to the minister and his assistant at the Transportation headquarters. This version is the one that the judge and the Prosecutor’s Office are accepting as good.

That the procedural situation is difficult is reflected by the breakup of the former minister with his until now lawyer, José Aníbal Álvarezin favor of reaching an agreement with Anti-Corruption to temper a sentence that appears difficult to avoid.

But until now, former minister and advisor remain hand in hand and the investigating magistrate uses the same phrases in his records to describe the situation in which both of them find themselves. As if it were a reflection of the “very close ties between the heritages” of both that also stands out in its resolutions.

The reasoning about them by the Chief Anti-Corruption Prosecutor exposed in the hearings in which it was evaluated whether they should be sent to prison also coincide. The measure was not requested, but the truth was that the elements against him were accumulating.

According to the judge, the “solid” signs of criminality not only persist, but appear “seriously consolidated” after the latest report from the UCO on the property activity of both, in accordance with the order issued yesterday on the procedural situation of Koldo García. In the equivalent resolution the day before regarding José Luis Ábalos, the notice was almost identical: «A new report increases […] the existence and robustness” of some signs “of singular forcefulness.”

Puente detects in its resolutions the commission of “one or several crimes of significant seriousness” that could lead in the future to “a sentence or custodial sentences of significant length.” These crimes are the same: integration into a criminal organization, influence peddling, bribery and, possibly, embezzlement of public funds.

The combination of these elements with an approaching trial can lead to provisional detention due to a high risk of escape, the magistrate of the Koldo case: «The risk that the person under investigation could evade the action of justice is growing, as the set of indications of the possible commission of serious crimes, punishable by very significant custodial sentences, becomes stronger; and as the date for holding the oral trial also approaches,” he indicates in the resolution known yesterday.

In the ruling issued after Ábalos’ appearance, he had said the same thing, adding that all of this, “perhaps, could justify, as the Hon. suggested. Mr. Prosecutor in your report, the adoption of more burdensome precautionary measures in the future. The sentences leave the two investigated with little room to avoid prison if new evidence arrives or the end of the investigation phase approaches.

In yesterday’s order, the judge highlights that the latest UCO report states that Koldo García “would regularly take charge of financial obligations corresponding to Mr. Ábalos Meco.” The list is long: alimony for one of his children, unjustified income in the former minister’s accounts, gifts or other hospitality from Ábalos’ family or friends, payments to his domestic worker, financial contributions related to the Fiadelso Foundation of the former minister, travel expenses…». “All this,” indicates the judge, “for a final amount of 94,883.63 euros.” To this would be added other possible payments in favor of Ábalos, such as almost 10,000 euros for the use of a villa in Marbella for an amount of 9,800 euros or the monthly payment generated by the rental of a home.