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David Sánchez case: former president of Legislature Badajoz accused of 'fraud'

The Liberum Association denounces 'fraud' regarding the deputy certificate for former President Gallardo's parliamentary immunity

The David Sánchez case has taken a turn. This is all due to the latest judicial decisions at the request of various petitions from the popular prosecution, exercised by the Liberum Association. The case is investigating alleged malfeasance and influence peddling in obtaining the position in the Badajoz Provincial Council for the brother of President Pedro Sánchez.

The Liberum Association has filed a special appeal for the protection of essential rights of one of the individuals under investigation in the case. This concerns the former president of the Badajoz Provincial Council, Miguel Ángel Gallardo.                  

The Superior Court of Justice for Contentious-Administrative Matters of Extremadura (TSJEx) has approved the admission of precautionary measures regarding the new regional deputy certificate for Gallardo. The individual under investigation was appointed to this position by the Assembly of Extremadura on May 29.

Similarly, the court has requested the summoning as witnesses of the socialists who were candidates with Gallardo on the regional electoral lists in 2023 for the Extremadura Assembly. Specifically, of María de la Cruz Rodríguez Vegazo. She is one of Gallardo's trusted officials in the Badajoz Provincial Council, among other positions obtained with him.

According to Liberum, "there are strong ties linking the political careers of the outgoing deputy, Rodríguez Vegazo, and Gallardo. Immediately after losing her status as deputy, Rodríguez Vegazo was appointed Secretary of Organization of PSOE in Badajoz."

They emphasize that, "the Secretary General in Extremadura appeared, a few hours before the Order to Open Oral Proceedings was issued, to receive from the Electoral Board the Deputy's credential. All this happened after this deputy's resignation, and the resignation of four other candidates from the electoral list who stepped aside."

It should be added that this contentious case, in which Liberum also reports  an "abuse of law," will be brought to the attention of the first investigating magistrate in the case, Beatriz Biedma. Liberum will record these precautionary measures before the Investigative Court Number 3 of Badajoz, which has been handling the David Sánchez case from the beginning.

All this is happening due  to the urgent precautionary measures requested by the Liberum Association, in the case investigating the brother of President.

This team of jurists confirmed in a telephone interview with El Cierre Digital that, "the Superior Court of Justice for Contentious-Administrative Matters of Extremadura  has given the green light to an appeal filed by Liberum on May 24, just before Gallardo took office as a regional deputy, regarding this recent political appointment."

Liberum has reported to this contentious court an "abuse of law," and "fraud of law" regarding the deputy credential certificate obtained  by Gallardo. They argue that, "this appointment as regional deputy entails the corresponding parliamentary immunity for Gallardo before the Superior Court of Justice of Extremadura." For this reason, Liberum reports an abuse of law.

This situation occurs after Gallardo's resignation as president of the Badajoz Provincial Council, following his indictment for alleged malfeasance and influence peddling in the David Sánchez case.

This is reflected in the contentious appeal filed by Liberum, which our newspaper has accessed. Now, all these matters are in the hands of the Superior Court of Justice for Contentious-Administrative Matters of Extremadura.  

It will be decided whether Gallardo will be prosecuted as a privileged defendant by TSJEx, or whether, on the contrary, the former socialist president will be tried by the criminal jurisdiction of Magistrate Biedma.

Precautionary Suspension Of Gallardo's Swearing-In

Due to the circumstances surrounding the departure of the former president of the Badajoz Provincial Council, Miguel Ángel Gallardo, Liberum told El Cierre Digital that  they requested a few days earlier the precautionary suspension of Gallardo's swearing-in for the seat on May 29 in the Assembly of Extremadura.

They clarify that, "the contentious court acted quickly, did not grant the 'inaudita parte' requested by Liberum, but has notified Gallardo as the defendant, in addition to requesting the administrative file for the deputy certificate." Meanwhile, the Electoral Board is aware of the credential certificates of the elected officials.

Additionally, following the favorable response from this same court, -issued on May 27-, regarding these urgent measures, Liberum has requested the oral hearing for this precautionary measure regarding Gallardo's regional certificate.

The appeal filed by Liberum highlights that, "it is evident that the former president of the Badajoz Provincial Council, Miguel Ángel Gallardo, in view of the imminent order to open oral proceedings, and his designation as defendant for the crimes of malfeasance and influence peddling, in the proceedings of the Investigative Court Number 3 of Badajoz, decided to initiate and complete the necessary steps to obtain the position of Deputy in the Assembly of Extremadura."

They state that "Gallardo sought a dual purpose with obtaining the regional deputy certificate: "to obtain the immunity recognized in the Rules of the Assembly of Extremadura." Secondly, "Gallardo could allegedly prevent  the trial from being conducted before the Criminal Court under the instruction of Magistrate  Beatriz Biedma." Thus, be prosecuted by TSJEx.

Socialist Candidates Summoned As Witnesses

Meanwhile, Liberum confirms to El Cierre Digital that they have requested before the Superior Court of Justice for Contentious-Administrative Matters of Extremadura that the socialist candidates who ran alongside the individual under investigation, Miguel  Ángel Gallardo, on the lists for the Assembly of Extremadura elections on May 28, 2023, be summoned as witnesses.

All of them were on the PSOE electoral list. This is reflected in the list of witnesses submitted to this court: María  Dolores Fernández Luengo (candidate no. 22), Pedro Blas Vadillo Martínez (candidate no. 19),  Virginia Borrallo Rubio (candidate no. 20), Juan Francisco Ceballos Fabián (candidate no. 21), María De La Cruz Rodríguez Vegazo (candidate no. 8).

Liberum has stated in this case that,  "without the resignation of the previous candidates on the electoral lists, Gallardo wouldn't have been able to take his seat in the Assembly of Extremadura." For this reason, they are summoning all the candidates with positions close to Gallardo on the aforementioned regional lists.

However, in its contentious appeal,  Liberum has also highlighted another connection in this matter. They have informed the high court that the candidate on the lists, - in position number eight-, María de la Cruz Rodríguez Vegazo,  was head of personnel for the individual under investigation, Gallardo,  in the City Council of

Villanueva de la Serena. Later, she became head of the Presidential Cabinet of the Badajoz Provincial Council, becoming Gallardo's trusted person.

In order to establish the professional links between the two,  Liberum has recalled that Rodríguez was appointed career civil servant during Gallardo's presidency in the Provincial Council:

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