Twist in the David Sánchez case: they call for Gallardo's parliamentary seat to be revoked over 'fraud'

The Civil and Criminal Chamber of the Superior Court of Justice of Extremadura (TSJEX) has ruled "in favor" of magistrate Beatriz Biedma continuing as the investigating judge in the David Sánchez case. Authorities are investigating alleged malfeasance and influence peddling in the work of the brother of the President, Pedro Sánchez, at the Provincial Council of Badajoz.

This judicial decision by TSJEX, in an order dated June 30, marks a new turn in the David Sánchez case. It states that the purpose of the recent granting of parliamentary immunity to the former president of the Provincial Council of Badajoz, Miguel Ángel Gallardo, as a current deputy in the Assembly of Extremadura, was as follows: "To avoid as soon as possible the jurisdiction of the Investigative Court Number 3 of Badajoz and the Provincial Court," as elcierredigital.com has learned.

All of this stems from a judicial question raised by magistrate Biedma herself before TSJEX. Also, by the popular prosecution exercised by the association Liberum. Both pointed out Gallardo's parliamentary immunity, who took his seat as a deputy in the Assembly of Extremadura after being charged in the David Sánchez case. This was reported by our newspaper.

Furthermore, Liberum told elcierredigital.com that, following this decision by the high court, they have requested before the Contentious-Administrative Chamber of TSJEX that "the extremely urgent suspension be agreed upon, given the special urgency present in this case, of the appointment of Miguel Ángel Gallardo as deputy."

From Liberum, they express their "gratitude to society" upon learning of this decision by the high court. They recall that they filed a "contentious appeal previously in the same line as Judge Biedma." All of this is related to the alleged "fraud of law" that Gallardo may have committed by resigning from the presidency of the Provincial Council of Badajoz and taking his seat as a regional deputy.

This would mean that the David Sánchez case would move from the criminal jurisdiction of Investigative Court Number 3 of Badajoz to TSJEX. However, TSJEX has just declared the continued jurisdiction of magistrate Biedma. Therefore, Gallardo will not be investigated in other judicial instances. Judge Biedma will continue with this investigation and, if applicable, the opening of the oral trial, as this popular prosecution points out.

Based on this judicial turn, Liberum also states that "we are awaiting precautionary measures and the issue of the 'inaudita parte', to be solved within 24 hours. We request that Gallardo's parliamentary immunity be suspended."

Moreover, "TSJEX has already acknowledged to us that Gallardo's parliamentary immunity is reversible." "Gallardo's political decisions may or may not be correct in the Assembly of Extremadura to tip the balance. Therefore, Gallardo is not in a position to serve as a deputy. If, ultimately, he were suspended as a regional parliamentarian, it would be a historic event in this country thanks to the citizens who are there."

Meanwhile, TSJEX has highlighted the successive resignations of socialist candidates to the Assembly of Extremadura. As Liberum pointed out before the Contentious-Administrative Chamber of TSJEX of Extremadura. They requested at the time that the PSOE candidates who ran alongside the investigated Gallardo on the lists for the Assembly of Extremadura elections on May 28, 2023, be summoned as witnesses.

Specifically, Gallardo's PSOE colleagues who resigned their seats were as follows: María Dolores Fernández Luengo (candidate No. 22) and Pedro Blas Vadillo Martínez (candidate No. 19). As well as Virginia Borrallo Rubio (candidate No. 20), Juan Francisco Ceballos Fabián (candidate No. 21), and María de la Cruz Rodríguez Vegazo (candidate No. 8).

Liberum has indicated that "without the resignation from their positions by the above candidates on the electoral lists, Gallardo would not have been able to take his seat in the Assembly of Extremadura."

Liberum Highlights the "Automatic Nature of Parliamentary Immunity"

In statements by the popular prosecution Liberum to elcierredigital.com, a statement by TSJEX is highlighted as relevant. This statement notes: "That automatic nature in the procedural effectiveness of parliamentary immunity carries an obvious and dangerous risk. There are those who take advantage, being subject to a criminal process or potentially being so. They do so by resigning from office or promoting their own appointment to acquire or improve it. This way, they avoid or seek the intervention of certain judges or courts. At the same time, they delay the proceedings, preventing in many cases the normal development of a procedurally correct activity."

But TSJEX, in its order, expresses its analysis regarding any "solid and unequivocal indication of that risk of taking advantage of the enjoyment of the privilege. This must be preceded by a chain of events that point to the possibility that we could be facing a case of the prohibited fraud of law," in relation to Gallardo's parliamentary immunity.

Judge Biedma Reported Gallardo's Parliamentary Immunity

Meanwhile, TSJEX has recalled that investigating magistrate Beatriz Biedma highlights the following as revealing indications. "The acquisition of deputy status – by Miguel Ángel Gallardo – is done exclusively for the purpose of enjoying parliamentary immunity, the manner and immediacy in which the resignations of candidates 19, 20, 21, and 22 occur. As well as that of deputy María de la Cruz Rodríguez Vegazo – candidate 8. The issuance of the credential by the Electoral Board of Extremadura, shortly after the order to continue the proceedings was issued. Precisely, one day before the order to open the oral trial was issued," the judge notes.

This TSJEX decision in favor of Biedma could be appealed within five days before the Supreme Court by the current regional deputy Gallardo.