The trial of the masks case begins in the Supreme Court: three defendants, more than 80 witnesses and up to 30 years in prison at stake

The former Minister of Transport José Luis Ábalos, his former advisor Koldo García and the businessman Víctor de Aldama face a trial from this Tuesday in the Supreme Court for alleged irregularities in the awarding of mask contracts during the pandemic, linked to the Ministry of Transport.

Ábalos and Koldo remain in provisional prison since November 27 and both declare themselves innocent, defending in their writings that they did not engage in any criminal conduct.

However, the chief Anti-Corruption prosecutor, Alejandro Luzón, maintains that Ábalos, Koldo and Aldama “agreed” to use the position of the then minister –in office since June 2018– to “favor”, “in exchange for the corresponding economic benefit” of the three, contracting with the Administration “on as many occasions as there was opportunity, by companies whose interests the businessman would capture and promote”, all of this, in his opinion, with “intent to enrich themselves”.

In the indictment it is underlined that the three “agreed to the future commission of crimes as the opportunities to commit them arose”, counting on “support in an occasional or continuous manner both from other authorities and officials” from Transportes as well as from people from Aldama's business environment and Koldo's relatives.

The Prosecutor's Office describes that the alleged plot emerged “with an undeniable vocation for permanence over time”, having operated for several years and projected its illicit activity in different areas, always on the same structure, which only began to weaken after the simultaneous departure of Ábalos and Koldo from the Ministry in July 2021.

That “cohesion” would have been reflected, according to Luzón, not only in the alleged commission of various crimes, but also in the granting to Aldama of a “privileged interlocution” with Transportes, “other ministerial departments” and “different public administrations.”

Anti-Corruption demands 24 years in prison for Ábalos and 19 and a half years for Koldo for alleged crimes of membership in a criminal organization, bribery, insider trading, influence peddling, and embezzlement, in addition to a joint fine of 3.8 million euros.

For Aldama, it requests 7 years in prison and a fine of 3.7 million for those first three crimes, applying the mitigating circumstance of confession, since he pleaded guilty in his defense brief.

The popular accusations, headed by the PP, raise the request to 30 years in prison for the former minister and his former advisor, while for Aldama they coincide with the sentence requested by the Prosecutor's Office.

“The boss” and the “alter ego” in the alleged plot

The Public Ministry details that each accused performed a specific function within the structure, in a distribution of tasks “diverse and complementary”, and that both Koldo and Aldama “considered” Ábalos as “the boss”.

Luzón explains that the former minister “provided the authority conferred by his maximum responsibility in the Ministry of Transport and his direct influence when it was necessary”, delegating to Koldo “his man of confidence” a good part of the dealings.

For the Prosecutor's Office, Koldo ended up being “more of an assistant than an advisor”, by taking on for Ábalos multiple tasks, “both professional and personal, licit and illicit”, before, during and after the three years of ministerial stage.

In the words of the prosecutor, “Koldo García was the 'alter ego' of José Luis Ábalos during his mandate at the head of the Ministry to the point that, both in the Ministry itself and within other public administrations, it was understood that Koldo was the faithful transmitter of Ábalos' decisions and wishes, usually shielded behind his advisor.”

The document emphasizes that “Koldo managed Ábalos' illegal cash sources, which frequently merged with his own, acting 'de facto' as a front man for his superior in the criminal activities that both soon undertook under the protection of their positions with the collaboration, among others, of the also accused Víctor de Aldama”.

The “privileged interlocution” of Aldama and the alleged considerations

Regarding Aldama, identified as an alleged fixer, Anticorruption describes him as “a Spanish businessman, with interests in a good number of companies, linked to various sectors, such as real estate, hospitality, and hydrocarbon sales,” highlighting his “preferential access” to the former minister.

That "privileged interlocution" would have facilitated that he/she/it knew firsthand the purchasing needs of sanitary material in the midst of the coronavirus crisis, located the ideal company and prepared offers to secure contracts, initially in Transport and dependent entities, and subsequently in the administrations of the Canary and Balearic Islands.

The Prosecutor's Office maintains that Aldama "was in charge of locating companies or individuals interested in any kind of management with the administration in order to, articulating their interests, make them prevail with preference and arbitrarily before it, always in exchange for the corresponding economic payment, of which he also made Ábalos and Koldo participants."

Among the alleged advantages received, Luzón mentions "the continuous payment of high sums of money" –10,000 euros monthly– and the payment of housing rents for them or their partners, some contracted by public companies.

A mega-trial in the Supreme Court with more than 70 witnesses

The oral hearing will be held in the Plenary Hall of the Supreme Court, the same setting as the procés trial, and has been scheduled for 13 sessions, from April 7 to 30, with the summons of more than 70 witnesses before a court presided over by the president of the Criminal Chamber, Andrés Martínez Arrieta.

Listed as witnesses are the Minister of Territorial Policy and Democratic Memory, Ángel Víctor Torres, and the President of Congress, Francina Armengol, who during the pandemic led the autonomous governments of the Canary Islands and the Balearic Islands, respectively, communities that acquired masks from Soluciones de Gestión, a company linked to Aldama. In their case, the Supreme Court has authorized them to testify in writing, without the need to appear in person.

Ábalos, Koldo and Aldama will testify at the end of the hearing, presumably on April 28. On the inaugural day, among others, a son of the former minister, a brother of Koldo, several partners of Aldama, and a former partner of Ábalos, Jéssica Rodríguez, will be heard.

Also will appear former high-ranking officials from Transport, such as the former president of Adif Isabel Pardo de Vera, in addition to businessmen and agents of the Central Operative Unit (UCO) of the Civil Guard who participated in the investigation.

The court in charge of the trial will be composed, in addition to Martínez Arrieta, by magistrates Manuel Marchena, Andrés Palomo, Susana Polo, Eduardo de Porres, Julián Sánchez Melgar and Javier Hernández.

What is being judged: emergency contracts under suspicion

The procedure analyzes the awarding of public contracts worth around 36 million euros for the purchase of sanitary material during the COVID-19 pandemic.

According to the indictment, the plot would have operated through:

• Illegal commissions
• Privileged intermediation
• Placements in public companies
• Use of political influence in emergency contracts

The legal key is to determine if these awards, made under exceptional procedures, resulted in an organized system of corruption.

Who's who on the bench

José Luis Ábalos

• Former minister and central political figure
• The Prosecutor's Office places him as beneficiary of the plot
• Denies any criminal involvement

Koldo García

• Former advisor to Ábalos
• Considered the key operator
• Alleged link between politics and businesses

Víctor de Aldama

• Businessman and alleged “fixer”
• He has collaborated with Justice
• His testimony is central to the accusation

Crimes being tried

The indictment documents include, with varying intensity, depending on each accused, criminal organization, bribery, influence peddling, embezzlement of public funds, malfeasance, and document forgery. In summary, corruption in public procurement in the context of a health emergency.

Sentences requested: key differences

The Anti-Corruption Prosecutor's Office requests for Ábalos up to 24 years, for Koldo García nearly 19.5 years, and for De Aldama, 7 years.

For their part, the popular prosecutions demand up to 30 years in prison for Ábalos and Koldo

The confession of Aldama significantly reduces his criminal exposure.

Trial calendar: dates and deadlines

• Start: April 7, 2026
• Estimated duration: 13 sessions
• Estimated end: April 30, 2026

Intensive sessions are expected (morning and afternoon), with more than 100 hours of oral hearing.

The ruling will not be immediate: it may take months after the completion.

What can happen from now on

• Sentence in 2026 (presumably months after the trial)
• Possible appeals before higher instances
• Opening or progress of other parts of the case

This trial will mark the course of the entire Koldo case and is key to measuring corruption during the pandemic. The process that starts today in the Supreme Court not only judges three defendants, but also puts under the spotlight public management in one of the most critical recent moments. The resolution will determine whether the health emergency mechanisms were used in accordance with the law or if they resulted in a structural corruption scheme in the midst of a crisis.