The magistrate of the Audiencia Nacional who is investigating the 'Leire Díez case', Santiago Pedraz, has dismissed the nullity incident filed by the former socialist militant against the procedure, considering that it "contravenes procedural good faith" by having been presented "outside the foreseen deadline".
In an order issued this Monday, to which Europa Press has had access, the judge rejects rendering ineffective the case in which an alleged operation is being analyzed, which would have been led by the former PSOE Organization Secretary Santos Cerdán and in which Díez would have participated, with the aim of deactivating judicial procedures affecting the Government and the party.
The investigating judge details that Díez requested "the nullity of the actions of the arrest" carried out last December, "as well as the seizure of objects and electronic, mobile and physical devices carried out in and parallel to it, and all procedural actions, diligences and judicial resolutions derived from said seizure and extracted from said devices."
In the resolution, Pedraz emphasizes that the alleged irregularity invoked by the defense "was known by the party from the very moment of the arrest, without there being any justification for its presentation more than six months later."
The judge also recalls that "various incidents regarding the validity of the actions had already arisen and when the procedure is in a clearly different procedural phase," so that the procedural moment to question those decisions had passed.
"The issue was not opportunely raised when the arrest occurred nor was it subject to challenge through the specifically provided procedural mechanisms for its control, singularly through the 'habeas corpus' procedure, nor through an appeal or allegation made at the opportune procedural moment against any of the multiple resolutions issued in the course of these actions," argues the magistrate.
For this reason, the investigating judge reproaches that Díez "contravenes procedural good faith and the prohibition of using the incident as a way of reviewing already resolved issues."
Consequently, he concludes that "the nullity incident should be dismissed" for attempting to "reopen already resolved issues, introduce reasons that could have been alleged at the opportune moment, and do so outside the foreseen deadline."
Díez was arrested last December along with the former president of the Spanish Company for Industrial Holdings (SEPI) Vicente Fernández and the businessman Antxon Alonso, linked to Cerdán for alleged irregularities in contracts of the public company.