The judge of Court No. 2 of the Instruction Section of the Court of First Instance of Santander, who is handling the case over the use of a recording pen in the Vox Group of the Parliament of Cantabria, has ratified the order issued last July by which it was agreed to open criminal proceedings against its spokesperson.
In a resolution recently communicated, the magistrate rejects the motion for reconsideration filed by the deputy considering that the indications gathered so far "are more than sufficient to direct the proceedings, that is, the investigation against the appellant", according to the High Court of Justice of Cantabria (TSJC) in a note.
The investigating judge emphasizes that the challenged order does not make a closed accusation, but is limited to setting the object of the proceedings, specifying against whom the investigation is directed and that "from here on it will be the investigative steps that are carried out that determine whether the indications currently existing are consolidated or whether, on the contrary, they are undermined".
In response to the argument of the parliamentarian, who maintained that her conduct did not fit into any criminal offense, the magistrate specifies that the investigation is aimed "at determining whether the deputy, who, it would seem from the audios, knew of the existence of the recording pen and intended to obtain great things with it, could have been the instigator of the recordings of third parties that were found in the memory of the pen".
According to the judge, this "assessment is not arbitrary, but rather is derived from the indications set out in detail in the challenged order".
As for the complaint that the attribution of the deputy's voice lacks evidentiary basis, the investigating judge indicates that there are elements pointing to the investigated persons being the ones who appear in the audio recordings, a point that was acknowledged by two of the complainants and by a witness.
Nevertheless, he clarifies that it will be the expert report that determines this point, although in order to obtain an unquestionable sample of the voice of the investigated person it is necessary to formally incorporate her into the proceedings. "Insofar as the said measure may harm her, it can only be carried out in the capacity of investigated person in order to safeguard her right of defense", the magistrate concludes.
Judicial summons and appeal
After dismissing the motion for reconsideration, the judge agrees to send the appeal filed to the Provincial Court, so that the collegiate body reviews the decision adopted at first instance.
However, since said appeal does not have suspensive effect, the summons of the deputy to testify as a suspect is maintained, set for this Wednesday, November 4, at 10:20 a.m.