It all started with some audio files contained in one of Koldo García’s phones. The trial against former minister José Luis Ábalos, his advisor Koldo García, and the commissioner Víctor de Aldama, which is being held in the Supreme Court, saw a monumental dispute this afternoon between Koldo’s lawyer and the prosecutor in the case over those recordings.
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Koldo’s defense lawyer requested an expert report to verify the “acoustic and electronic” authenticity of some audio files recorded on her client’s phone. Early this afternoon, six witnesses appeared before the Court for the practice of this test. These included four Civil Guard agents, who studied the recordings, and two experts hired by the defense. But not Koldo’s defense. It was for Santos Cerdán’s defense, who is not indicted in this process.
The prosecutor began the interrogation, and Koldo’s lawyer quickly interrupted him to state that the evidence was not admissible as it was being presented, as it referred to audio files “that have nothing to do with this trial.” The prosecutor was astonished and took the floor: “This Public Prosecutor’s Office understands nothing and cannot believe it,” he stated, highlighting that “this evidence had been requested by the defense that is now challenging it.”
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Koldo’s lawyer stated that her only intention was to know “if the chain of custody was interrupted and if the recordings were extracted from the original device or from the cloud.” The President of the Court, Andrés Martínez Arrieta, decided to take a recess to discuss the matter and decide whether or not the expert report would proceed. After their conclave, the magistrates opted to go ahead.
With more calm in the courtroom, the Civil Guard specialists concluded that “there are no indications that the audio files have been manipulated.” In their opinion, the recordings “are authentic.” The defense experts pointed out that “it is not possible to know how these recordings arrived on Koldo’s device” and indicated that they “could have been injected into that phone.”
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