Judge Calama overturns Zapatero's attempt to completely annul the 'Plus Ultra case' and keeps the investigation intact

The National Court judge José Luis Calama this Friday rejected the request by former Prime Minister José Luis Rodríguez Zapatero to declare the "general nullity" of the 'Plus Ultra case'. The magistrate rules out that the investigation violated his fundamental rights and keeps in force the proceedings that sustain the case.

The defense intended to exclude from the procedure all evidence gathered by the Anti-Corruption Prosecutor's Office and nullify a dozen resolutions. His request ranged from the opening of the investigation for possible money laundering to the searches at the airline, the transfer of the case to the National Court, the partial blocking of Zapatero's accounts, and the separate piece for the jewels found in the safe of his office.

Had it prospered, the incident would have struck at the procedural basis of the investigations and could have dragged down a good part of the subsequent actions. Calama, in accordance with the Anti-Corruption criterion, considers that the judicial decisions were motivated and respected the former president's guarantees. The resolution addresses the validity of the investigation, but does not determine whether Zapatero committed the crimes being investigated and maintains his presumption of innocence intact. His defense can still appeal to the Criminal Chamber.

Calama endorses the course of the case

One of Zapatero's main arguments questioned whether Madrid's Instruction Court number 15 could open a new line in 2025 on possible money laundering related to funds received by Plus Ultra. The defense also saw it as irregular that this court later sent the procedure to Central Instruction Court number 2 of the National Court when the possible participation of the former president appeared.

Calama supports both decisions. The magistrate maintains that the actions of the Madrid court adhered to the rules of competence and distribution and rules out that there was a maneuver to lead the proceedings towards a more favorable judicial body. The Constitutional Court requires an arbitrary and manifest manipulation of the rules to appreciate a violation of the right to the judge predetermined by law.

"The existence of reasonable alternatives or technical discrepancies is not enough," the instructor points out. To annul the procedure, there would have had to be a "gross deviation, without any normative support," something that Calama rejects in this case.

The judge also endorses the processing of conversations and files obtained through international judicial cooperation. Part of the material came from an authorized search within a European investigation order promoted by France and reached the Spanish Police through Europol. According to the order, the analysis of this data did not constitute a new intervention on private communications, as the information had been previously obtained with judicial authorization.

The proceedings from France and Switzerland pointed, according to the resolution, towards a possible organization dedicated to money laundering with ramifications in several countries and connections with the eventual irregular use of funds granted to Plus Ultra. Calama also supports the actions of Anticorruption and the Police regarding other evidence incorporated from the United States.

The decision comes after the judge himself rectified at the end of July. Calama initially rejected the request for being out of time, but a review of the dates confirmed that the defense had not accessed essential Anticorruption documentation until May 29. The investigating judge then agreed to study the first eight questioned resolutions and now rules out any violation capable of invalidating them.

The investigation keeps all its fronts open

The 'Plus Ultra case' investigates the possible irregular use of the public loan of 53 million euros granted to the airline during the pandemic and the efforts made to obtain it. The case seeks to clarify whether Zapatero intervened through alleged influence peddling and whether part of the money ended up linked to money laundering operations.

The former president denied before Calama having spoken with officials of the State Society of Industrial Participations (SEPI) or with members of the Government to favor the rescue. He also maintained that the 490,780 euros he received from the consulting firm Análisis Relevante corresponded to professional international advisory work. "I did not exert even the slightest influence, nor did anyone ask me to," he stated during his declaration.

The four subsequent decisions that were excluded from the incident for deadline reasons also remain in force. These include the searches of Zapatero's office and his daughters' company, the blocking of accounts, and the separate piece on the jewels initially valued at more than 1.3 million euros. Their possible fall depended on the judge annulling the initial actions that gave them coverage, a possibility ruled out with this Friday's order.

Calama has also refused to unblock an account of Agropecuaria Lucena, a company of Julio Martínez Martínez whose movements remain under investigation for their relationship with payments directed to Zapatero's daughters' company. The judge has also admitted the appearance of an association of Venezuelan exiles as a new popular accusation, which must act in a unified manner with those already present.

The case will continue on Monday, September 7, with the statement of Julio Martínez Sola, president of Plus Ultra. A day later, Roberto Roselli, former CEO of the company, will appear. Both will have to explain to Calama the writings in which they attributed to Zapatero actions related to obtaining the public rescue.