Judge Denies Separate Inquiry Into Journalist's Testimony in DANA Case

In a significant ruling, the judge presiding over the criminal case concerning the mismanagement of the DANA catastrophe in the Valencian Community has dismissed the move to initiate a separate investigation into potential false testimony by journalist Maribel Vilaplana. This decision was made after Vilaplana testified in court in Catarroja on November 3, following a meal with Carlos Mazón, the acting president of the Generalitat, on the day of the tragic event that resulted in 229 fatalities. The ruling, issued on Monday, countered a request from private prosecution, which sought to summon mayors Ricardo Gabaldón from Utiel and Jordi Mayor from Cullera. The prosecution's intent was to clarify any conversations or interactions the mayors may have had with Mazón on October 29, due to potential contradictions with Vilaplana's testimony, where she stated she had no knowledge of the mayor of Cullera or any discussions involving him. The prosecution's lawyer argued for the summoning of Cullera's mayor, particularly concerning a phone conversation he allegedly had with Mazón at 18:28 on the same day of the disaster, suggesting that it may contradict Vilaplana's statements. There were also concerns regarding the timing of a WhatsApp message sent by Gabaldón to Vilaplana about the state of emergency in Utiel, which raised questions about the short time frame between that message and Mazón's communications. However, the judge maintained that while questioning the mayors later on could be relevant, evaluating false testimony must occur only after the entire procedure concludes. The magistrate stressed that false testimony can only be adequately assessed when a definite factual basis has been established through a judgment or dismissal order. Therefore, the request for an additional inquiry into alleged false testimony was declared inappropriate at this time. Additionally, the judge denied a request by the popular prosecution, represented by Acció Cultural, to obtain documents that Mazón allegedly signed during his meal with Vilaplana, reasoning that such documents were not crucial to the operational decisions made during the emergency management of DANA. The request for access to documents related to monitoring contracts with Auditmedia and Hallon Intelligence was also dismissed due to the belief that sufficient information had already been obtained to evaluate press alerts leading up to the disaster. In a parallel directive, the judge ordered the Presidency of the Generalitat and the current Conselleria of Emergencies to clarify how alerts and information were communicated leading up to the DANA event. A detailed report is now expected regarding the means of communication utilized on October 28 and 29, including specifying the devices and officials involved. The judge has also requested that the Conselleria of Emergencies furnish daily dossiers from the critical days in PDF format, alongside identifying the responsible workers who reviewed the Buseo dam prior to the disaster. Although a request to summon the acting Conseller of Agriculture, Miguel Barrachina, as a witness has been declined, the judge is requiring his department to submit a report related to the dam's review carried out in May 2024. In a related development, the judge has accepted the National Association of Whistleblowers and Victims of Corruption as a popular prosecution participant in the proceedings, contingent upon a bail deposit of 6,000 euros within ten business days. Related Sources: • Source 1 • Source 2