The Second Section of the Provincial Court of Valencia has issued an order admitting the appearance of the former president of the Generalitat Carlos Mazón, current regional deputy, in the case concerning the management of the Dana being investigated in the Court of First Instance of Catarroja to exercise his right of defense.
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The six judges comprising the full bench of this court thus uphold the appeal filed by the former head of the Consell – which the Prosecutor’s Office joined – against the order of March 31, in which the investigating judge denied that appearance.
The six judges comprising the full bench
thus uphold the appeal filed by the former head of the Consell
“The investigation continues and, as we have pointed out, measures have been agreed upon and are pending results capable of providing information that could allow a future indictment of Mr. Mazón Guixot,” the judges explain.
“Being this deputy of the Valencian Courts and, by statutory provision, having jurisdiction before the Civil and Criminal Chamber of the TSJ of the Valencian Community, he must have the opportunity he claims in his appeal,” they conclude, applying the provisions of articles 118 and 118 bis of the Criminal Procedure Law (Lecrim).
According to the order, which was notified this Wednesday, “otherwise, he would be deprived of knowing the judicial investigative activity that concerns him.”
“Otherwise, he would be deprived of knowing the judicial investigative activity that concerns him,” argues the Court
The Court warns in any case that its ruling “is limited exclusively to deciding whether or not the appearance” of the privileged individual in the case should be admitted under articles 118 and 118 bis of the Lecrim, “for the purpose of exercising his right of defense.”
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Therefore, “conclusions regarding individuals who were not the subject of the appeal and who were also not the subject of the decision in the challenged order” should not be “drawn” from this ruling.
The Second Section of the Valencia Court has issued and notified this Wednesday two other orders dismissing two appeals and confirming resolutions issued by the judge of Plaza number 3 of the Civil and Investigative Section of the Court of First Instance of Catarroja, within the framework of the Dana case.
The first of these orders rejects the appeal of the former Minister of Justice and Interior under investigation against the judge’s decision to summon her to form a writing body to obtain a handwriting expert report regarding a manuscript provided by a witness, the deputy general director of Emergencies of the Generalitat.
In that same resolution, the Court also dismisses the appeal of the other person under investigation, the former regional secretary of Emergencies, who requested the nullity of the order issued by the investigating judge because, in his opinion, it caused him defenselessness by ruling on matters that had not been raised in the reform appeal.
The Court dismisses appeals filed by the defenses of the investigated Pradas and Argüeso
The second order, for its part, dismisses the appeal of a private prosecution against the denial of various investigative measures that included, among others, requests for information to the Ministry of Transport and the Directorate General of Traffic.
