Supreme Court to Review Appeals of José Luis Ábalos and Koldo García
The Supreme Court of Spain is set to review the appeals of former Minister José Luis Ábalos and his advisor Koldo García this Thursday. Their cases revolve around their provisional imprisonment due to an alleged “extreme” risk of flight related to an upcoming trial concerning irregularities in mask purchases, with the trial anticipated but currently without a fixed date.
Hearing Schedule and Legal Representation
The Criminal Chamber has organized two hearings to address these appeals—Ábalos’ case will be heard at 10:30 a.m., followed by García’s half an hour later. In a critical twist, Ábalos will be represented by both his former attorney, Carlos Bautista, who resigned due to “contractual differences,” and his new lawyer, Marino Turiel. The court’s order mandates Bautista to attend unless explicitly excused.
Basis of the Appeals
In their appeals, submitted following a November 27 decision by Investigating Magistrate Leopoldo Puente, Ábalos and García challenge their detention, asserting that it lacks a solid legal foundation. Ábalos argues that the magistrate’s decision constitutes an “unreasonable use of the law” and claims that the reasons cited for his imprisonment are vague and insufficient.
His defense also highlights his established family connections, noting that he is responsible for the care of a younger son on weekends and has a recognized fixed residence in Spain. They assert that the conditions for provisional detention—meant to be exceptional—are not met in this instance, especially when there are no valid indications of a real flight risk.
Koldo García’s Defense
Similarly, Koldo García has sought release from prison, offering to pay bail. He contends that his increased financial assets are justifiable through his income. His defense argues that the provisional detention can’t be substantiated, as the key evidence has already been collected and there poses no risk of him obstructing the investigation.
García’s defense also challenges the credibility of statements made by other defendants, particularly the claim that he received substantial undisclosed financial benefits. They emphasize that his economic contributions during the inquiry period have been supported by verifiable sources of income.
Sentencing Demands
The Prosecutor’s Office has requested substantial prison sentences: 24 years for Ábalos, 19 and a half years for Koldo, and 7 years for the businessman accused in the case, Víctor de Aldama. The Popular Party (PP), leading the accusations, has demanded even harsher sentences of up to 30 years for both Ábalos and García.
Conclusion
The outcome of this Thursday’s hearings will be crucial for both former officials as they await the trial’s onset. The decision could potentially influence the course of the legal proceedings surrounding the controversial mask procurement case, which has drawn significant attention in Spain. As the situation develops, the legal teams for both Ábalos and García aim to dismantle the grounds for their provisional imprisonment and assert their rights under Spanish law.