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The commissioner Enrique García Castaño, 'El Gordo', in one of his appearances at the National Court to testify as an accused. Eduardo Parra (Europa Press)
The judge of the National Court Manuel García Castellón has provisionally archived the Kitchen case for the commissioner of the National Police Enrique García Castaño, El Gordo, for whom the Anti-Corruption Prosecutor's Office requested 12 years and six months in prison for his participation in the illegal espionage of the former treasurer of the PP Luis Bárcenas. The magistrate makes this decision at the request of the agent's defense, after verifying the judicial forensics that the stroke that García Castaño suffered on May 2 of last year has caused a "cognitive affectation" that has stripped him of "the precise mental faculties to become aware of his procedural situation and a hypothetical and future action in the oral trial. " The decision has the support of the Prosecutor's Office. Predictably, this resolution will be transferred to the other five pieces of the Villarejo case in which the police high command is charged.
In the car, dated May 11 and known this Friday, the magistrate details that the last forensic report, last February, has found that García Castaño suffers from memory alterations, speech difficulties and "neurosensory deficits", as well as a clear inability to move and do any type of task with his hands. "All the deficits that he presents, make him a non-autonomous person, dependent for the realization of the activities of daily living," the medical report said. This document already warned that, "despite rehabilitation (speech therapist, physiotherapy, occupational therapy) and taking into account the time elapsed since suffering the stroke [stroke], the evolution of his disease will not experience great positive advances".
In view of the forensic report, García Castellón has concluded that if the commissioner were to be subjected to an oral trial at this time "it would not be possible to affirm that the process was fair against him, since his right of defense would be significantly diminished". The magistrate emphasizes that it is evident that the stroke "has caused sequelae that have lasted over time" and that "the forecast of the forensic doctor is that this ailment will not experience relevant improvements. This prognosis is decisive for the estimation of the request made, since we find a subject who suffers from a series of ailments that will not experience improvement, "he adds. Therefore, he asks the defense of the high command to present next June new medical reports in order to decide whether to dictate the definitive file. Predictably, this decision will be transferred to the rest of the cases in which the policeman is charged.
More information
Anticorruption calls for 15 years in prison for former minister Fernández Díaz and his 'number two' for spying on Bárcenas
García Castaño's judicial outlook before suffering the stroke was bleak. Accused, in addition to the Kitchen case, in five other pieces of the summary of the Villarejo case, in which the allegedly illicit activities of also commissioner José Manuel Villarejo are investigated, he was being tried for two of them when he had the stroke. Days after suffering it, the court suspended the hearing against him considering that his health condition had seriously deteriorated. In this piece, the Prosecutor's Office asked for El Gordo 82 years and 10 months in prison considering that he helped Villarejo with the baptized as Project Iron – the commission of a law firm to spy on a rival law firm – and Project Land – the family war of the Cereceda, promoters of the luxury urbanization La Finca, in Pozuelo de Alarcón (Madrid)—.
For Anticorruption, García Castaño is a key piece of the summary, considering that from his position as head of the Central Unit of Operational Support (UCAO) of the National Police, a group specialized in undercover operations and follow-ups, he provided Villarejo with confidential information – such as tax data or call traffic – in exchange for a gratuity and "knowing that it would be sold for private purposes." García Castaño always denied that he charged anything and that he helped Villarejo for these purposes.
However, the commissioner did admit his participation in the espionage of Bárcenas with the alleged objective of snatching from the former treasurer of the PP documents that he allegedly treasured about the party's finances that were compromising for its leaders. When these investigations were under secrecy, García Castaño began to collaborate with the justice system and paved the way for the investigation to reach the dome of the Ministry of the Interior then headed by Jorge Fernández Díaz.
El Gordo, who has testified eight times during the investigation of this case, revealed that the former Secretary of State for Security and number two of the minister, Francisco Martínez, kept mobile messages about Kitchen that incriminated Fernández Díaz and provided information about the diversion of funds reserved to pay expenses of the parapolice operation. The Prosecutor's Office acknowledged this "late collaboration" in its indictment filed in February, asking for three years less in prison than other police commanders with identical involvement in the case.
García Castaño also collaborated with the parliamentary commission of inquiry into the patriotic police, before which he appeared twice. Before the deputies, the commissioner assured that, "of course," Fernández Díaz was aware of the espionage on Bárcenas. He also showed his conviction that both the then President of the Government, Mariano Rajoy, and the former secretary general of the PP, María Dolores de Cospedal, were informed of Operation Kitchen. Garcia Castano is on the list of 20 participants that the new commission of inquiry only the sewers of the State approved last Wednesday, although the deputies are aware that his health will make it impossible for him to attend.