The Superior Prosecutor's Office of the High Court of Justice of the Valencian Community (TSJCV) has refused to investigate the judge who is instructing the case on the management of the DANA due to the alleged participation of her husband, also a magistrate, in the procedure.
The prosecutor has ruled in a report sent to the Valencian court last Friday, in which he sets his position after the TSJCV's request to rule on the complaint filed by a lawyer representing several victims of the DANA against the investigating magistrate and her husband. In said complaint, it was alleged that the judge's husband might have participated in the taking of some witness statements within the judicial procedure.
After analyzing the facts and the reported crimes: coercion, disclosure of secrets, usurpation of public functions, malfeasance, cover-up and omission of the duty to prosecute certain crimes, the Prosecutor's Office concludes that there are no sufficient indications of criminal offense.
According to the Public Prosecutor's Office, the analysis of the complaint and of the applicable jurisprudence “yields solid criteria that allow concluding that the reported facts do not reach the threshold of a criminal offense”. Therefore, the report considers that the elements that constitute the indicated crimes are not present in the complaint and requests the court to dismiss and archive the complaint filed against the judge and her husband.
