New judicial setback for Leire Díez. The judge of the National Court Santiago Pedraz has rejected the incident of nullity with which the former socialist militant tried to overturn the case in which she is investigated for alleged maneuvers to destabilize judicial investigations with an impact on the PSOE and the Government.
Díez's defense requested to annul her arrest on December 10, the seizure of her mobile phones, devices and documents, and all subsequent proceedings derived from that material. Her thesis was that the arrest was "disproportionate", that there was no risk of flight or flagrant crime and that fundamental rights were violated.
Pedraz does not review the merits. The magistrate rejects the petition considering that it arrives out of time and that the incident of nullity cannot be used to reopen issues already resolved during the investigation. He also follows the criterion of the Anti-Corruption Prosecutor's Office, which had opposed the procedural maneuver.
The judge considers the petition out of time
The order states that the defense did not dispute the arrest when it occurred nor did it then use the foreseen channels to do so, such as habeas corpus or the corresponding procedural appeals. Pedraz emphasizes that the nullity is claimed more than six months after the arrest.
The judge also stresses that appeals with a similar objective have already been filed: to prevent investigators from accessing the seized devices. For the Prosecutor's Office, Díez's defense opened an "artificial channel" after failing to stop that line of investigation.
The decision is not subject to appeal. The case continues and keeps the material seized from the former socialist militant under judicial control, a sensitive piece within an investigation that has been gaining political weight in recent weeks.
A week of statements in the National Court
Pedraz's rejection comes at the beginning of a key week for the case. The National Court has concentrated several days of statements with witnesses and investigated parties linked to Leire Díez's network of contacts.
Among the names cited is Rubén Villalba, commander of the Civil Guard investigated in the Koldo case, who would have held meetings with Díez to discuss compromising information about the Central Operative Unit (UCO). Also cited is Cristina Narbona, president of the PSOE, who will testify as a witness next July 10.
The UCO placed a conversation between Díez and Narbona on April 24, 2024, the same day Pedro Sánchez published his letter to the citizenry. According to the agents, Díez then spoke of "redirecting" the attacks on the president, providing "qualified help" and "turning the matter around like a sock".
The procedure has also reached the leadership of the Civil Guard. Pedraz summoned Mercedes González, director general of the corps, and DAO Manuel Llamas as investigated for next July 16, after Anticorruption requested their indictment for alleged prevarication and obstruction of justice.
The judicial calendar is now set. This week, several witnesses in the Leire case will appear before the Audiencia Nacional. On July 16, it will be the turn of the Civil Guard's leadership. Leire Díez's attempt to stop the case for nullity has been dismissed.
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