Zapatero raises the invalidity of the case if the judicial endorsement of some evidence is not established
The former President of the Spanish Government has sent several briefs to the judge after testifying as an investigator as the alleged leader of an influence-trafficking network in connection with the rescue of the airline Plus Ultra.
FormerPrime Minister José Luis Rodríguez Zapatero has said that there isa possibility that the Plus Ultra case will be annulled if the court decision authorizing the examination of the talks that led to the "indictment" of the former socialist leader is not substantiated.
Zapatero's defence has sent a number of written submissions to Judge José Luis Calama, in which he warns him that, in the absence of authorization, such conversations "must be excluded from the proceedings, with the procedural consequences that this entails", which, "in his case, would promote the incident of invalidity".
On the one hand, Zapatero has asked the judge to request from the Anti-Corruption Prosecutor's Office a reasoned court decision authorizing lawyer Miguel Palomero to examine a confiscated hard drive, investigated in the Palomero case, a device that includes messages and documentation from WhatsApp analyzed by investigators.
In fact, the former president's defense has claimed that he has found no resolution anywherethat allowed the device to be reviewed.
He adds that if there were no authorization in a reasoned resolution, the essential guarantees of the procedure would be "totally violated", since in that case police actions would be unconstitutional because they would violate the fundamental rights to secrecy of communications, privacy and the protection of personal data.
"As a result of the substantial lack of guarantees, the UDEF analysed the content of this device and, in particular, the WhatsApp conversations analysed must be excluded from the procedure," he said, adding that he could promote an incident of invalidity if there is no court ruling enabling it.
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