The former ministerial advisor Koldo García has also gone to the Constitutional Court (TC) to request the precautionary suspension of his sentence of 19 years and eight months in prison, while the guarantee body resolves the appeal for protection he has filed against the sentence issued by the Supreme Court (TS) for corruption in mask contracts.
As former minister José Luis Ábalos did, Koldo García has filed an appeal for protection in which he asks the TC to annul the Supreme Court's conviction for the alleged violation of a series of fundamental rights. Among them, he cites the right to the ordinary judge predetermined by law, arguing, as he has been defending since the beginning of the procedure, that the Supreme Court was not the competent body to judge the facts.
According to his thesis, the case should have continued in the Audiencia Nacional, because José Luis Ábalos renounced his seat as a deputy, and therefore his immunity, in January 2026. In his brief, to which EFE has had access this Wednesday, he asks the Constitutional Court to order the procedure to be set back so that the case regarding Koldo García "be referred to the competent judicial body" or, subsidiarily, that the order in which the Supreme Court rejected the incident of nullity raised by the defense against the sentence be annulled and a new resolution be issued.
The defense questions Víctor de Aldama's conformity
While the TC studies these allegations, the former advisor also asks, as José Luis Ábalos already did, that the execution of his sentence be kept in suspense. Lawyer Leticia de la Hoz, who signs the appeal although she has finally decided to renounce Koldo García's defense, criticizes in the brief what she considers a "partial conformity" of the commissioner Víctor de Aldama with the Prosecutor's Office, a formula that, in her opinion, "the law does not admit".
The lawyer argues that Aldama, the only accused who did not go to prison when his sentence of 4 and a half years in prison was suspended for collaboration, obtained two degrees of reduction and that suspension, and also questions that the agreement was not "in writing", so that "the defense could not know its gestation".
The Prosecutor's Office denied any pact with Aldama
During the start of the trial, and in view of the doubts of the defenses, the Anti-Corruption Prosecutor's Office stressed that "there is no type of agreement with the accused Víctor de Aldama" and, at the close of the oral hearing, maintained its request for 7 years in prison for him. Finally, the Supreme Court sentenced him to 4 and a half years.
The defense of Koldo García also insists that the Audiencia Nacional continues to investigate him "for the same income and the same operation judged" in the part of the case that remained in that judicial body for not being directly linked to José Luis Ábalos. According to the document, the Prosecutor's Office has recently requested his prosecution in that separate piece.
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