Supreme Court Transfers Koldo Case Following Ábalos' Resignation

Supreme Court magistrate Leopoldo Puente has officially transferred a key piece of the Koldo case to the National Court, highlighting serious allegations of irregularities in public contracts. The case notably involves prominent figures such as former PSOE Organization Secretaries, José Luis Ábalos and Santos Cerdán. Puente's decision to relinquish jurisdiction comes in the wake of Ábalos’ resignation as a deputy, which has pivotal implications for the legal proceedings given that he was the sole elected official linked to the case, thus providing grounds for the investigation to remain at the Supreme Court. As per Puente's directive, the separate piece will now be forwarded to Ismael Moreno, presiding over the Central Investigating Court number 2 at the National Court. This court is concurrently dealing with part of the overarching Koldo case, which also implicates former Adif president Isabel Pardo de Vera and former general director of Highways, Javier Herrero. The implications of this jurisdictional shift are underpinned by a precedent set in 2014 by the Second Chamber, stating that in cases involving elected officials, the proceedings must be firmly established before the initiation of oral proceedings. Thus, if an elected official loses their status before oral proceedings commence, the Supreme Court no longer retains the authority to pursue the investigation. This specific sequence of events applies to the Koldo case, where up to twelve individuals are embroiled in the investigation. Importantly, while Ábalos' departure from his role as deputy modifies the trajectory for certain aspects of the investigation, it won't impede the parallel trial anticipated by the Supreme Court regarding the controversial mask procurements. However, legal experts consulted by EFE indicate that it wouldn’t be surprising if defenses raise the possibility of a loss of jurisdiction concerning the main aspects of the case at the preliminary hearing scheduled for the upcoming 12th of the month. This crucial hearing is set to address legal annulments proposed by the defenses, which are considered a preliminary step before the impending trial against Ábalos and his former advisor, Koldo García, projected to commence in April. Ábalos' resignation, occurring months following strategic advice from his first lawyer, appears to have been an effort to delay proceedings and shift the entire case to the National Court where the timeline permits extensions. This move also opens avenues for a potential review of any future convictions, underscoring the complex interplay of tactics and legal maneuvers as this high-profile case unfolds. Related Sources: • Source 1 • Source 2