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The Supreme Court imposes the judge Canary Alba six years in prison and 18 debarment

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The Supreme Court imposes the judge Canary Alba six years in prison and 18 debarment

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The Criminal Chamber of the Superior Court of the Canary Islands (TSJC) has sentenced a total of six years and six months in prison and 18 years of special disqualification as a judge to the magistrate of the Provincial Court of Las Palmas Salvador Alba, considering him responsible for illegal acts to harm another judge, the judge on leave today Victoria Rosell, UN deputy of the training we can.

In a statement 77 folios reported Tuesday, the court declares Alba unanimously guilty of a crime of malfeasance in competition with another bribery (He imposed by three years' imprisonment and disqualification fifteen) and other offense of falsifying documents official, It matters a sentence of three years and six months in prison and three disqualification.

The magistrate has been acquitted of crimes continued falsehood, negotiations prohibited to public officials and revelation of secrets that some of the accusations attributed to him.

In addition to the criminal conviction, the sentence imposed on Alba, currently suspended from his judicial functions, fines totaling 12.150 euros, and agrees to indemnify Rosell 60.000 for moral damages as a result of these actions.

In all three crimes for which he has been convicted, the sentence warns that conviction carries the "final loss position held, as well as the inability to obtain any job or position with jurisdictional or government functions within the Judicial Branch during the time of the sentence., or outside the jurisdictional functions ".

The proven facts

The statement declares proven that 3 de noviembre de 2015, Salvador Alba, "By express request on his part", Victoria Rosell replaced at the head of the Court of Instruction number 8 Las Palmas de Gran Canaria -at Rosell ask leave to run in the general election of that year as a candidate for Congress can't-. By doing assumed, inter alia, preliminary investigation 644/2014, instituted for alleged crimes against the Treasury against the then administrator of the company Integral Canaria Security, Miguel Angel Ramirez, and against his number two, Hector de Armas.

The same day he took possession of the Court, exposes the failure, Alba Mesa summoned to testify for later dates Ramirez, De Armas and another over the company -this as witness, and at the end of this last statement, He had a conversation with the lawyer De Armas, Sergio Wardrobe, and he expressed interest in incorporating the cause "documentation of contracts that could link" to the sentimental pair of Victoria Rosell, journalist Carlos Sosa, with Mr. Ramirez, manifestándole also the lawyer Alba "their desire to maintain a personal interview with Don Miguel Angel Ramirez investigated for this purpose".

This meeting, obrantes follow the proven facts in the judgment, It was held on 14.00 hours 16 de marzo de 2016 Alba's office Mesa in the Sixth Section of the Audiencia of Las Palmas, in the City of Justice in the capital of Gran Canaria.

Alba Ramirez authorized to enter the building through the garage and access their office in the area reserved, and the interview was conducted "privately", without the lawyer Sergio Wardrobe, who he had accompanied Ramirez, were present in the office, clarifies the room.

During the meeting, reports, Ramirez informed the judge about these relationships, "It will supply data had not been able to obtain in the proceedings, and both agreed on the delivery of this documentation by Mr. Ramirez ".

"In return", detailed resolution, “Salvador Alba was committed to a declaration of invalidity of actions that prevented the continuation of the procedure, and even to rule on the merits, decision that could be favorable to the interests of Mr. Ramírez, preventing subsequent actions of the tax authorities ".

Por su parte, by this agreement, Salvador Alba "getting harmful information for the public image of Mrs. Victoria Rosell, as well as to increase the chances that the complaint filed before the Supreme Court by Mr. José Manuel Soria in the criminal procedure initiated by him against the then deputy Mrs. Rosell would be admitted for processing., pending complaint of admissibility in the Supreme Court ", exposes the judgment, He is explaining that in this particular case was attributed to Rosell as criminal behavior related to his performance as an instructor in the previous 644/2014.

The Chamber declares tested by unanimous vote – Felix Mota Bello (chairman and rapporteur), Jaime Requena Juliani Wood and Julio Rodríguez - that this conversation was also agreed the "way of externalizing and dramatize the introduction of this information in court proceedings": it was agreed that it would be "in a future statement [under investigation] before the examining magistrate ".

"In sum", synthesizes, "In this meeting, Salvador Alba was interested to Mr. Ramirez for collecting information on those contracts and any economic relations that exist or may have existed between Mr. Ramírez and Mr. Carlos Sosa or their companies, in order to enter that data to pre-trial, outside the procedural purpose of the cause, and under the pretext of highlighting the lack of impartiality of the previous instructor ".

A trial court, thus "an apparent reason for nullity of the proceedings that would benefit Don Miguel Angel Ramirez offered, and even the expectation of some kind of resolution fund that could favor him in subsequent administrative proceedings, once criminal proceedings closed ".

Por su parte, Ramirez agreed to testify in preliminary proceedings on those commercial relations. "In conversation", points out the sentence, "The terms of the statement also set, development was prepared and investigated pledged documents relating to these relationships ".

In implementing the agreed, continues the court, the 18 de marzo de 2015 Salvador Alba officially summoned to testify for Ramirez 23 March, and again allowed to agree to building through the reserved area.

"Without the prosecutor or any of the accusing parties had knowledge of the existence of the previous meeting 16 March, and what treated in the same ", Case highlights, the 23 March was the agreed practice diligence.

In the part of the interrogation led by Judge, They were introduced only questions concerning trade relations with investee companies Ramirez Sosa, and at the end of the statement, the businessman offered to submit the same day documentation referred to these relations, "Again according to the script laid out in the previous meeting on 16".

Two days later, the 25 March, follows the failure, the newspaper The world published an article under the title The president of Las Palmas confirms his business dealings with Judge Rosell's partner and declares that he lent her money while he was being investigated by the current Podemos deputy.

After three days of this publication, The procedural representation of José Manuel Soria in the complaint that he had filed against Rosell before the Supreme Court expanded the charges against the then deputy, providing as evidence information El Mundo, recapitulates failure.

deliberate concealment

The 20 Next April, at the request of the Second Chamber of the Supreme, follows the room, Alba issued a report in which "deliberately concealed" the High Court the "crucial facts" of the statement provided by Ramirez, "Without reference to the circumstances of the private meeting 16 March or the agreement they had reached with the investigation in order to incorporate data and documents that relate to Mr. Ramirez or their companies with Don Carlos Sosa ".

"Conversely", detailed, He said "these facts (…) They had been exposed in an absolutely spontaneous in the course of the investigation statement Mr. Ramirez ".

Before the report Alba, the 25 of April of 2016 The Supreme Court admitted Soria's complaint against Rosell for processing, this prompting his resignation to the minutes of deputy.

Add the account of the Chamber Alba ceased his performance in the Court of Instruction No. 8 the capital of Gran Canaria 3 de mayo de 2016 without issuing a decision on the merits of the case, and suggests that as a result of these facts, Victoria Rosell "suffers an anxiety disorder depressive". concludes that, by the public impact of events, there was "a significant detriment to your personal account, professional and social ".

Information added to the cause at the request of Salvador Alba – Ramirez's statement on trade relations with Carlos Sosa – It was broken down and separated from the initial inquiry 644/2014 by the judge who replaced Alba in front of the magistrate No. 8, "When considered unrelated to the cause", precise judgment.

The judgment is subject to appeal before the Supreme Court.

 

 

 

 

 

 

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