The Supreme Court leaves the investigation of the Koldo case in the hands of the National Court

2024-07-26 11:17:25

The Supreme Court has decided that the National Court and not the European Prosecutor’s Office will take over the investigation of the ‘Koldo case’. The Criminal Chamber has resolved a jurisdictional conflict between the two organizations and believes that Judge Ismael Moreno should continue to investigate the case, although the European Prosecutor’s Office can continue to investigate whether some contracts have been breached in the plot in the Balearic Islands and the Canary Islands. against the Union’s financial interests.

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The ‘Delorme operation’ investigates whether Koldo García, former adviser to José Luis Ábalos during his time as Minister of Transport, and some businessmen such as Víctor Aldama succeeded in obtaining million dollar public contracts to buy masks and medical supplies during the awarding a first year of the pandemic to people illegally linked to the plot. Contracts that come from the central administration but also from regional governments such as the Balearic Islands and the Canary Islands.

In recent months, the judge of the National Court Ismael Moreno and the European Prosecutor’s Office have been involved in a conflict to decide who should focus the investigation of the case. The answer of the Supreme Court is that it must continue in Madrid while investigating “whether there could be a criminal organization aimed at obtaining medical supplies contracts irregularly”, with the intervention of businessmen and “public officials ” to, finally, “ conceal profits.”

The European Prosecutor’s Office, says the Supreme Court, was created to “protect the interests of the European Union” and crimes will only come under its jurisdiction “if such damage is done to the financial interests of the Union and if it is effective. The prosecution demands that they accept your investigation and persecution.” In Koldo’s case, he says, “none of those conditions are met.”

There are no crimes, says the Supreme Court, “closely related to the fraud of the financial interests of the Union.” Rather, he says, the proceedings appear to be “focused on investigating the possibility of a corruption plot at the national level.” He does not deny that a small part of the contract awarded by ADIF for the plot was paid for with Union funds, but he understands that the case must continue to be investigated in the National Court.

Part of the case concerns public contracts won by the plot in the Balearic Islands and the Canary Islands to bring medical supplies in the event of the worst first wave of the pandemic. Jurisdiction remains with Ismael Moreno’s court, but the Supreme Court opens its hand to the European Prosecutor’s Office to maintain its jurisdiction “exclusively in relation to deciding on the commission of a crime against the financial interests of the European Union” .

In the case of the Balearic Islands, the Court not only investigates the award but also whether there was some kind of favorable treatment for the plot, through Koldo García, so that a possible million dollar claim on the defective material could not be completed and entered into expiring with the path. Some contracts awarded by executive Francina Armengol but which have already expired while the PP and Marga Prohens are in power.