The judge sees the following evidence to determine Cerdán's involvement in the "alleged facts"
In the opinion of Judge Leopoldo Puente, who is conducting the investigation, it was the former socialist leader who was "in charge of asking construction companies for money." "He had a kind of vertical dominance relationship with Ábalos and Garcia," he says in the resolution, and believes that, after receiving the money, he gave it to them.
Supreme Court JudgeLeopoldo Puente has sent former PSOE leader Santos Cerdán to prison after testifying on Monday. The judge argues in his order that he has taken the decision because he sees "the risk of concealing, destroying or altering sources of evidence that may be relevant to his future prosecution."
In addition, he cites a number of "indications" that have led him to believe that he has "been involved in the serious events attributed to him", including the "explicit conversations"detected in the devices of former adviser Koldo Garcia.
According to the judge, "they are sufficient evidence to justify their involvement in the events." Moreover, he stresses that the former socialist leader has not questioned these "unequivocal contents" in his statement on Monday; he claims that he "does not remember them."
The judge believes these recordings also show the "place" that Santos Cerdán had in this plot. In his opinion, the contractor "contacted the companies", undertook to claim the payments.
On the other hand, the magistrate also mentions the private sales contract concluded by Cerdán to obtain the social shares of the company Servinabar, as well as a series of e-mails which "would show that it had some capacity to administer" that company.
Servinabar formed a Temporary Union of Companies (UTE) with Acciona for a period of time, and the magistrate specifically mentions the works awarded to Acciona, valued at about 537.2 million euros.
EPAILEAREN HIPOTESIA
It is possible that more natural or legal persons may benefit from awards "
The judge's order states that "there are indications that the amount of loot agreed for Ábalos and García is around EUR 1 million" and considers it a "very small percentage" given "the scope of these operations".
It therefore makes public the hypothesis that "if the amount of the financial award for the improper award of the works had been 1% of the value of the awards, this prize would amount to more than EUR 5 million, several times more than the indiciously corresponding share of Ábalos and García". Accordingly, the judge states that "always indiciously this reinforces the ideathat more natural or legal persons might benefit from the aforementioned awards ".
When Ábalos was Minister of Transport, the judge also referred to the text messages that he and Garcia exchanged with Santos Cerdán, "advising or discouraging certain appointments", "which could then be actively involved in the awards".
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