The most awaited statement before the Audiencia Nacional of the Kitchen: could they accuse Rajoy?

Possibly today is the most anticipated day of the trial of the Kitchen case, a macro-case that puts on the stand the former Minister of the Interior Jorge Fernández Díaz, his former number two, Francisco Martínez; Sergio Ríos, who was Bárcenas' driver, and seven other accused.

It is being tried whether or not there was a police operation orchestrated from the portfolio of Fernández Díaz when Mariano Rajoy was president of the Government, to monitor and subtract documentation from the former treasurer of the Popular Party, Luis Bárcenas. As the facts being tried point out, the documentation that Bárcenas had was fundamental for the judicial investigation of the Gürtel.

This Thursday, the former President of the Government Mariano Rajoy; the former Secretary General of the Popular Party, María Dolores de Cospedal, and Juan Ignacio Zoido, former Minister of the Interior, among others, will appear as witnesses at the headquarters of the Audiencia Nacional in San Fernando.

It is important to highlight that the popular prosecution already requested that Cospedal be charged and that her conversations with Villarejo be included, messages from which, according to the prosecution, her criminal responsibility could be deduced in the police operation to monitor Bárcenas. These requests were rejected.

Could they accuse the former president of the Government?

According to Bárcenas' statement this past Monday, the initials in the papers “M. R.” referred to Mariano Rajoy. Furthermore, as the former PP treasurer recounted, the former popular president was informed of the accounting of the B fund and proof of this would be a deleted recording.

Said recording never came to light and only accusations have been made against the former president which, until now, have not been able to be proven or prosecuted. In other words, onus probandi incumbit actori, that is to say, any accusation must be supported by evidence and, as of today, for the Audiencia Nacional, “M. R.” is not sufficient reason, so Justice has no grounds to investigate Rajoy.

El PSOE, as popular prosecution, proposed his testimony as evidence, and Rajoy, like any other witness, has the obligation to declare with veracity.

Let's remember that Rajoy's statement, on July 26, 2017, in the Gürtel case, raised controversy, since during the interrogation the court cut numerous questions from the accusations. The magistrate and president of the chamber during the Gürtel trial, Ángel Hurtado, understood that many of the questions were not related to the investigated facts.

Now, the media focus is also on the presiding judge of the chamber, Teresa Palacios, who will have to arbitrate the good development of the interrogation.

It is a highly anticipated statement both by the prosecution and by the defenses, since, according to legal sources, the legal representation of Fernández Díaz raised during the investigation that Operation Kitchen had not existed, but that, had it been true, it could only have been ordered by the President of the Government.