Villarejo alleges lack of impartiality to challenge one of the magistrates who are trying him

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01/05/2022 at 18:18 CET

Cristina Gallardo / Tono Calleja

The retired commissioner José Manuel Villarejo has presented an incident of recusal against Fermín Echarri, one of the members of the tribunal of the National High Court that is trying him for the first separate pieces of the Tandem case. Alleges lack of appearance of impartiality of this judge for not informing his colleagues that, andIn 2014, he would have participated in a meeting with the former police officer in which he was looking for a ‘discreet way out’ to Abdul Rahman El Assir’s judicial problems, the arms dealer who lately accompanies Juan Carlos I in Abu Dhabi.

In this way, the curator acknowledges the information published by EL PERIÓDICO DE ESPAÑA on December 28, in which he gives an account of the entries you made in your personal journals about this issue. Sources close to magistrate Echarri deny that he met with Villarejo to address the case of the Hispanolibanian businessman.

In the recusal letter to which this newspaper has had access, it is stated that Villarejo, having knowledge of the published information, acknowledge the fact object of the same although he adds that he did not remember that the judge who in 2014 was the head of the court of instruction number 52 of Madrid, is the same that in 2022 is part of the court that is judging him for the pieces’ Painter ‘,’ Land ‘and’ Iron ‘.

Silence when dealing with the emeritus

“As it is another matter commissioned by the CNI, once again linked to the King Emeritus, our client had no intention of bringing it to light“he points out in his brief, although he is forced to do so to defend himself. He adds that Judge Echarri” will have great difficulty denying such efforts “since other participants in the meeting at that time, the judge the outgoing dean of the Madrid courts José Luis Armengol and his substitute, Antonio Viejo, “They were both informed of the depth of the action” and both presented him before the now magistrate of the National Court “as known and accredited representative of the security of the State & rdquor ;.

For this reason, and always according to the recusal brief, “this judge in charge of the case (…) it accepted the meeting and launched the requested steps “within the framework of action that is sensitive to national interests.”

This explains the reason why the relationship was valued by Villarejo as stated in the entry he made on July 8, 2014: “Fermín, Court 52. Very correct and receptive. He wants to return to the AN [Audiencia Nacional]. It looks very related to Armengol. “

Presumed direct interest

According to Villarejo, who signs the recusal brief in his capacity as lawyer, “presuming that the most illustrious magistrate appealed had not commented to the rest of the Court, the referred actions”, It would be affected by the cause provided for in point 10 of article 219 of the Organic Law of the Judicial Power (LOPJ), when appreciating a “clear direct or indirect interest in the cause or, at the very least, a conditioning or taking a position, which would entail a more than evident lack of appearance of subjective and objective impartiality in the challenged “.

“The less striking is the premonitory gifts of our client -adds Villarejo quoting himself-, which, well in advance, predicted the final destination of the National Court where the illustrious magistrate, now challenged, ended up. “

As he adds, it was “in exchange for returning to the National Court, what happened, pledged to mediate with the Public Prosecutor’s Office and the State Attorney’s Office and reach an agreement with El Assir in exchange for reduce the amount from ten to three million euros, what finally it did not happen because of not knowing Arabic philosophy that forces to negotiate with the criterion that ‘they manage the time, even though we Westerners have the clocks’ and a previously agreed agreement would not have been offered to them “.

Echarri, Villarejo concludes, “can hardly justify that he forgot, being an Investigating Judge in Madrid, that he participated, together with our client in a matter of maximum sensitivity, being advised that he was acting on behalf of State security, taking steps suggested by all those who in one way or another intervened in the matter that affected El Assir, among others, no less than two deans of the Madrid examining courts. “Had the rest of the Court been informed of such action, which is not recorded in this defense, there would also contaminated your objectivity, Add.

The ‘problem’ El Assir and the sale of arms

Regarding the matter of El Assir, Villarejo explains in his brief, indeed during 2013 and 2014, he was asked act “in those matters where other CNI envoys had failed” and One of them was to seek a discreet solution to the judicial problem that the arms dealer El Assir had, in the investigating court number where Judge Echarri was the head.

The problem lay, according to El Assir himself, in that, a cause had been opened for him in Spain, under pressure from France, with the intention that Switzerland agree to the surrender that had been denied on several occasions, on the occasion of a French investigation opened on the suspicion that it could be related to the bombing in Pakistan in 2002 of the bus carrying French nuclear submarine expert engineers, 11 of them died.

Villarejo continues his story noting that, according to the merchant, “the government of PP had yielded to the demands of the anti-terrorist judge Jean Louis Bruguiere and allowed the State lawyers to initiate a false cause for a tax offense to join the French prosecution and thus put pressure on the Swiss authorities. But he had already warned the emissary of the director of the CNI that if he ended up in France he would talk about his activities in the arms trade in Spain, with evidence that compromised high institutions of the State.

“Indeed, our defendant was able to verify during one of the numerous meetings he had in Switzerland with the aforementioned El Assir that kept documentation on arms trafficking operations in which it would be involved, among others, the company linked to the Spanish State, Alkantrara Iberian Exports “.

The importance of said documentation, according to the retired commissioner, lay in the fact that it was a Spanish-Saudi company, created in 1978 between the royal houses of both countries, “which would be used to mediate in the arms sales business, with all the connotations that this could entail in 21st century Spanish society”.

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