Más Madrid and the PSOE have requested to appear as a popular accusation in the case opened to investigate the purchase of a luxury penthouse in Chamberí by Planifica Madrid, a public company dependent on the Government of Isabel Díaz Ayuso.
Más Madrid considers that the operation could reflect a “criminal and unacceptable behavior” of the Madrid Administration. In its writing, the party points out that the facts could constitute crimes of administrative prevarication, misappropriation of public funds, fraud against the Administration, and disloyal administration of public assets.
The appearance of Más Madrid adds to that requested by the PSOE of Madrid, which had already reported the acquisition to the Prosecutor's Office for Economic Crimes. The socialists believe that there are “gaps and procedural irregularities” in an operation that affects the assets of the Community of Madrid.
The PSOE first reported the operation to the Prosecutor's Office
The PSOE of Madrid filed a complaint against the board of directors of Planifica Madrid on August 7 to investigate the possible commission of crimes of administrative prevarication and misappropriation of public funds.
The Provincial Prosecutor's Office of Madrid subsequently forwarded the socialist complaint to the court that had already opened proceedings on the case. The Public Prosecutor's Office also transferred three complaints filed by individuals, as it could not maintain a parallel investigation once the facts were judicialized.
Now, the PSOE has requested to intervene directly in the procedure through the exercise of the popular accusation. In its writing, the socialists justify their appearance by the “general interest” that the operation has for the people of Madrid and by the doubts about the procedure followed to acquire the property.
Más Madrid also goes to the Court of Auditors
The action of Más Madrid is not limited to the criminal procedure. The party has also reported the purchase to the Court of Auditors to audit whether the acquisition caused a detriment to public funds.
The party demands that both the price paid and the taxes and expenses associated with the operation be analyzed. The 6.3 million paid for the property was added to approximately 378,000 euros corresponding to the property transfer tax, in addition to notarial expenses.
Más Madrid maintains that the public interest of the purchase has not been sufficiently accredited and questions whether Planifica Madrid acquired a residential property to allocate it, according to the initial explanation of the regional Executive, to a workspace for the regional Presidency.
A case initiated by Iustitia Europa
The judicial investigation was opened following a complaint filed by Iustitia Europa, an extraparliamentary formation that exercises popular accusation in different judicial proceedings.
Its complaint pointed to the possible existence of crimes of embezzlement of public funds, administrative prevarication, and disloyal management of public assets. Once the proceedings were opened, the Prosecutor's Office sent to the same court the complaints it had received from the PSOE and three individuals.
Más Madrid and the PSOE now intend to join that procedure. If the court accepts their appearances, they will be able to access the proceedings, propose investigative actions, request statements, and, if applicable, formulate accusations. The judicial body could require the establishment of a bond beforehand.
The penthouse cost 6.3 million and has residential use
Planifica Madrid purchased on April 14 a penthouse of approximately 485 square meters located on General Martínez Campos Avenue, in the Madrid district of Chamberí.
The property has five bedrooms, a large terrace, a cinema room, and a service room. The public company paid 6.3 million euros for the home, a transaction that initially did not appear published in the Transparency Portal or in the company's budget information.
The Madrid government explained that the space had been acquired to be used as a temporary office and to hold meetings during the planned works at the Royal Post House, the seat of the Presidency of the Community of Madrid.
The justification raised doubts because the property has residential use and urban planning regulations do not allow the use of penthouses of these characteristics as offices. It has also not been clarified who ordered the search and purchase of the property or what reports justified the choice of the property.
After the operation became public and political pressure increased, Planifica Madrid decided to put the penthouse back on the market for around 6.69 million euros.
Vox demands explanations, but does not announce legal actions
For its part, Vox has not announced any complaint, lawsuit, or request for participation in the procedure so far. The president of the formation, Santiago Abascal, has indeed demanded explanations from Isabel Díaz Ayuso. “Mrs. Ayuso will have to give explanations,” he stated when asked about the purchase, although he avoided going into detail on the matter and focused his intervention on other political issues.
Ayuso defends that the operation is explained
The Government of the Community of Madrid denies that any irregularity has been committed and maintains that the acquisition responded to the real estate needs of the regional Administration during the works of the Presidency headquarters.
Ayuso has considered the controversy closed by recalling that the property has been put up for sale. However, the opposition continues to demand the complete file of the purchase, the minutes of the board of directors of Planifica Madrid, the feasibility reports, and the documentation that allows knowing who made the decision and what the specific intended use for the attic was.
The opening of proceedings does not imply that the crimes indicated by the complainants are accredited nor that there is a formal accusation against Ayuso. It will be the court in charge of the procedure that must determine whether the operation has criminal relevance and which responsible parties participated in it.