The Supreme Court shelves the complaints against Ayuso for the Chamberí penthouse but keeps the front against Planifica Madrid open

The dismissal decreed by the Supreme Court Prosecutor's Office regarding three complaints against Isabel Díaz Ayuso for the purchase of the Chamberí penthouse does not put an end to the judicial proceedings opened for the operation. The proceedings being processed in a Madrid court continue their course and keep under scrutiny the acquisition of the property by Planifica Madrid, the public company of the Community of Madrid.

The Public Prosecutor's Office of the Supreme Court has decided not to proceed with the complaints filed by three individuals, considering that they did not provide sufficient elements to attribute to the Madrid president crimes of prevarication and embezzlement. In a decree by prosecutor Ángeles Garrido, to which 'elDiario.es' has had access, it is argued that the writings stemmed from “speculative hypotheses” built from information published in the media.

The prosecutor considers that the accusations contain “inferences” “so open” that they do not allow justifying the opening of a criminal investigation against Ayuso. The decree also points out that no individual action by the president is specified that could directly link her to the possible crimes reported.

The resolution also recalls the doctrine of the Second Chamber of the Supreme Court, according to which journalistic information, by itself, does not constitute a sufficient basis to initiate a criminal case. In this case, the complaints sought to support a possible criminal liability based on the purchase of a luxury home through an administrative contract.

The other complaints keep the judicial path open

The dismissal of these three complaints is independent of the procedure that continues in Madrid. Investigating Court number 8 maintains proceedings after Iustitia Europa filed the first complaint and the writings from the PSOE and other accusations were subsequently incorporated. The judge has asked the Prosecutor's Office to determine if her court is competent to investigate the operation.

In that case, the documentation related to the acquisition of the property for 6.3 million euros remains pending analysis. Among the questions raised is precisely one of the unknowns that the file still does not clear up: who decided to start the search for the penthouse and why that specific home was chosen.

The property, of 486 square meters, is located in the Chamberí neighborhood, opposite the apartment that was donated during his lifetime to Ayuso's father and where the mother of the Madrid president currently resides. The Community of Madrid subsequently announced its intention to dispose of the property, but the sale process was deserted.

In addition to this judicial route, there is also the action of the Court of Accounts, which admitted a complaint from Más Madrid to determine whether the operation could have caused damage to public coffers. In this way, the archiving of the complaints of the three individuals by the Supreme Prosecutor's Office does not affect the rest of the open proceedings regarding the purchase of Planifica Madrid.

The Madrid government also recognized last week that the intended purpose for the property was its use as "accommodation," after having defended in previous months that it would serve to temporarily house Community offices. That change in explanation is part of the questions that continue to surround the operation.