The Public Prosecutor’s Office asked the Supreme Court to overturn the sentence that condemns former state attorney general Álvaro García to two years of disqualification for the dissemination of confidential information about businessman Alberto González Amador, associate of Isabel Díaz Ayuso. In a writing put forward by El Español and to which elDiario.es had access, the deputy prosecutor of the Supreme Court, María Ángeles Sánchez Conde, maintains that the judges of the Criminal Chamber ignored “without any explanation” the evidence that exonerated García Ortiz and that their resolution violates the fundamental rights of the former supreme representative of the Public Ministry.
Thus, the prosecutor claims that the magistrates carried out an “incomplete selection of facts” by omitting the main testimonies of journalists who claimed to have the e-mail of the businessman’s confession of tax fraud before the attorney general obtained it. According to the prosecution, the sentence ignores the exculpatory evidence which demonstrates that the information was already public when it arrived in the hands of García Ortiz.
Sánchez Conde also accuses the Criminal Chamber of having introduced a “new fact that radically disrupts the purpose of the process” by considering as criminal a statement from the prosecution on the case, which was not discussed or imputed during the investigation. Likewise, the prosecution claims that the Supreme Court created “a type of crime” by punishing the dissemination of information that was no longer secret, which goes beyond the Penal Code.
On the other hand, the prosecutor also describes as “difficult to understand” and a lack of motivation the compensation of 10,000 euros imposed, as well as the order to pay the costs of the private prosecution.
The sentence that Sánchez Conde requests to be annulled considers as proven that the then Attorney General of the State “or one of his relatives” leaked to the press the confession of tax fraud of Isabel Díaz Ayuso’s partner on the night of March 13, 2024. The sentence includes that the press release of the Public Prosecutor’s Office on the case also revealed confidential data and that “the Attorney General of the State cannot respond to false news by committing a crime.”
The judges do not question the fact that the journalists could have accessed this data before García Ortiz himself, but they defend “that knowledge of reserved data does not neutralize the duty of confidentiality of the Attorney General”. “The leaked email must have come from the state attorney general’s office,” the Supreme Court ruled.
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