The judge investigating Begoña Gómez’s case has responded to the criticism he received for announcing the summons of the wife of the President of the Government five days before the upcoming European elections. In a document obtained by EL PAÍS, Judge Juan Carlos Peinado defends his decision to continue the judicial investigation during an electoral period, stating that there are no laws preventing it. He also announces his decision to take a statement from businessman Juan Carlos Barrabés, who is currently hospitalized. At the time, Gómez’s lawyer was not aware of the judge’s response.
It is uncommon for a judge to issue a resolution that is not directed at any of the parties involved in the case or to communicate a judicial action. Judge Peinado decided to respond to the criticism against his actions since announcing the summons of Sánchez’s wife on July 5th. Among those who have criticized the timing of the announcement is the President of the Government himself, who described it as “strange” in a letter to the public issued on the same day. The judge’s response questions these criticisms, stating that there are no laws prohibiting the continuation of an ongoing investigation during an electoral period.
Many of the criticisms against the judge have referenced a “custom” among courts to avoid issuing non-urgent resolutions with political implications during electoral campaigns. Peinado argues that this custom should only be applied in the absence of a law, indicating that in this case, the applicable laws do not restrict judicial actions during campaigns. He defends his decision to summon Gómez five days before the elections by pointing out that neither the President’s wife nor any of the witnesses called to testify are candidates in the upcoming elections.
In the same document, the judge also announces his decision to take a statement from businessman Juan Carlos Barrabés, who is currently hospitalized due to a serious illness. The public funding received by a consortium linked to this businessman, who had previously participated in a master’s program directed by Sánchez’s wife, is under investigation. Barrabés, initially scheduled to testify on Friday, requested a postponement due to medical issues. The judge rescheduled the hearing for June 16th, but Barrabés’ hospitalization makes his presence in court unfeasible. Therefore, the judge has ordered for his statement to be taken in the hospital as a pre-constituted test.
Due to Barrabés’ health condition, this testimony will serve as evidence in the potential trial, eliminating the need for him to testify at a future court hearing. The judge has instructed the court to coordinate with the hospital where Barrabés is located to determine the dates and times available for the statement to be taken between June 17th and June 23rd. This development in the case highlights the ongoing judicial investigation surrounding Gómez and the involvement of key witnesses, despite the timing of the announcement causing controversy.
