The Madrid High Court confirms that Begoña Gómez will be tried by a popular jury and withdraws the precautionary measures
It has lifted the precautionary measures previously imposed on him on the grounds that there is no risk of escape, i.e. a ban on leaving Spain, the delivery of the passport and the obligation to sign every 15 days before the judicial authority, although the court states that it must be located at all times.
Begoña Gomez. Stock Photo: Europa Press
The Provincial Court of Madridhas confirmed that Begoña Gómez, the wife of the President of the Government, will be tried by a popular jury and has withdrawn the precautionary measures, considering that there is no risk ofescape. In this regard, it has ordered the continuation of the trial proceedings against her for two offences of trafficking in influence and embezzlement.
In an order released this Thursday, the magistrates have ordered the continuation of the sworn proceedings against Gómez's adviser, Cristina Álvarez, for a crimeof embezzlement of public funds related to software created in the chair run by Gómez.
The Madrid court has partially upheld the appeals filed by the Public Prosecutor's Office and the defences against theorder of Judge Peinado, which sent businessmen Gómez, Álvarez and Juan Carlos Barrabes to trial on jury, partially refuting the charges of corruption and misappropriation in business by the president's wife.
In addition, it distinguishes Barrabes from the affidavit procedure, and the investigation will be conducted in an abbreviated procedure in relation to the legality or illegality of public procurement awards.
He's been suspended from precautionary measures.
For its part, the Madrid Provincial High Court has annulled the precautionary measuresimposed on Begoña Gómez by ruling out the risk of escape.
In particular, it has revoked the precautionary measures imposed against Begoña Gómez and Cristina Álvarez, consisting of a ban on leaving Spain, the delivery of the passport and the obligationto sign every 15 days before the judicial authority, although the court states thatboth must be located at all times and must notify any change of domicile.
The hearing considers that "it cannot be said that there is a real and effective risk of escape with the required intensity, which justifies the maintenance of the agreed measures ".
He recalled that " thepersons investigated appear at all court summonses made to them are , and there is no evidence to infer the attitude of resistance or resistance to the action of justice ".
He adds that "they have personal, family and professional roots in the national territory, which, according to jurisprudence, is an important factor in assessing the risk of theft".
Furthermore, the Court considers that such measures are not strictly necessarybecause "the purpose of ensuring that the persons under investigation are subject to the proceedings may be adequately met by the establishment of less serious measures".
Thus, it provides that "they shall be obliged at all times to remain inthe possession of the judicial body and shall be obliged to notify any change of domicile or residence ".
In this regard, the Court concludes that "it is not sufficiently clear that the intensity of the measures agreed upon has a proportionate justification for the circumstances of the case and the level of risk involved".
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