The Tarragona judge investigating former Minister of Finance Cristóbal Montoro has rejected the request from several defenses to send the case to Madrid courts, thus maintaining the instruction of the case.
Read more The UCO chiefs on Ábalos’s role in the corruption plot: “He does the biggest thing”
In a ruling accessed by La Vanguardia, the investigating judge Rubén Rus explains that the first indications of alleged influence peddling by the Equipo Económico firm to achieve legislative changes by the Treasury were found by a “casual discovery” in an investigation by the Mossos d’Esquadra into the Messer company.
This finding was sent to the dean’s office for distribution, and it was the dean’s office that forwarded it to Rus. “Neither has action been taken against our own acts nor has action been taken because there is a special interest in knowing the matter, but rather action has been taken in compliance with the applicable legal and distribution rules,” states the ruling dated April 16, which can be appealed before the Provincial Court of Tarragona.
The judge’s argument
The Tarragona courts are competent from the moment part of the crimes were committed there
The investigating judge also explains, contrary to the criteria of the appellants, that the Tarragona courts are competent from the moment part of the crimes were committed there. “It is undeniable that it is in Tarragona where the first indications of crime appear,” Rus points out.
The casual finding he refers to were some emails found belonging to Messer’s technical director, addressed to the general director, both with their positions in Tarragona.
“From the reading of such emails, it appears that several companies in the sector intend to obtain a tax reduction by modifying the Special Taxes law, specifically on the electricity tax,” the magistrate emphasizes.
Thus, he adds that from that email it also appears that, upon not achieving such a reduction, “it is decided to hire a new company (Equipo Económico), since, as stated in the emails, this company has direct access to the Ministry of Finance, this direct access being what would allow obtaining the intended reduction.”
In the resolution, the judge maintains that it was Messer who promoted the hiring of EE, “knowing that, through payment, they would end up obtaining the expected reduction.” And, according to Rus, the reason why the reduction is expected to be obtained “is solely, at least nothing else is said, the direct access one has with the Ministry.”
In one of the emails, the technical director is, according to the judge, “more explicit”: “the most direct way, as always, is to pay this economic team that has direct contact with the Minister of Finance Cristóbal Montoro.”
The magistrate warns that the progress of the investigation “allows us to know that, after the success of that first relationship between the gas companies and EE, a second assignment occurs, this time aimed at a legislative modification in the IAE.” In this second position, Messer proved productive in hiring the firm, “acting again from Tarragona.”
“Therefore, from Tarragona, EE was contracted, and from Tarragona, a payment was made to EE, since the payment, despite being made through AFGIM, is divided among all the gas companies, so Messer, from Tarragona, makes its part of the payment.”
In this ruling, Rus takes the opportunity to emphasize that the gas companies not only paid the firm, founded by Montoro himself, but also participated in the drafting of the regulatory text. From the General Directorate of Taxes -he says- the gas companies were urged to indicate their latest proposal “in order to incorporate it into the regulatory text, a proposal in which Messer also participates, and does so from Tarragona.”
To defend the competence of his court, Rus recalls that what is being investigated is whether a group of companies paid with the alleged purpose of exerting their influence on public authorities and officials, “so that they legislate in favor of the former.” And the crimes would not only be committed by officials but also by those responsible for the companies, including Messer, located in Tarragona.
And finally, Rus considers that the economic impact that legislative reforms had on the coffers of Tarragona and the localities “where plants affected by said reforms are located” must be taken into account.
Read more The court admits that Jordi Pujol cannot defend himself and exonerates him from the corruption trial
