The Police arrested former judge Fernando Presencia this afternoon after failing to appear before Judge Joaquín Gadea of ??the National Court, who issued an arrest warrant against him. In addition, Gadea has agreed to the imprisonment of three others investigated in the open case for using the Acodap association to present false complaints and earn money through contributions from people who believe they are fighting corruption.
In one of the orders, the judge agreed to the arrest of the former judge so that within a maximum period of 72 hours he is brought before the court to take a statement and decide whether, as everything indicates, his prison is decreed.
It is expected that tomorrow, Thursday, Presence will be made available to the reinforcing magistrate of the Central Investigating Court Number 6, precisely, to comply with that appearance.
In three other orders, the magistrate has agreed, at the request of the Prosecutor’s Office and the private prosecutions, the prison of three other investigated persons who have appeared at the National Court. They are Santiago and Alberto Royuela and Juan Martínez Grasa, allegedly responsible for the crimes of aggravated fraud, aggravated misappropriation, illicit association and criminal organization or group.
“We are facing a criminal organization or group, made up of those investigated, with defined roles, determined positions and a vocation for permanence, at the top of which is Fernando Presencia Crespo, who would have launched a structure exclusively aimed at his own illicit enrichment and that of some of the closest members of the organization by spreading false news,” says the judge in the prison order.
In this organization, he adds, under the cover of Acodap, the investigated Fernando Presencia, Alberto Royuela and his son Santiago Royuela “would have an essential role in the fabrication of the denunciations and the mendacious documents that accompany them.” Subsequently, they themselves, along with Juan Martínez Grasa, Alejandro Diges and Álvaro Arteaga, would be in charge of filing complaints with the different authorities. For her part, Lidia Reina played a key role in its distribution over the Internet and different channels and social networks, as well as in the administration and management of the entity.
The judge considers that Acodap, apparently created to fight corruption, was “actually the corrupt means through which, apparently, its members and relatives would enrich themselves, beginning with its president, Fernando Presencia Crespo, who once separated from the Judicial Career lacked any income, and that the alleged intention of acting against corruption would be nothing more than a false claim to attract anonymous contributions and donations.
Within the framework of this deception, the order continues, “mendacious complaints against the high institutions of the State, authorities, politicians and other public representatives would be the necessary component to continue with the lucrative activity.”
To justify the agreed prison terms, the judge uses the criminal reiteration, since while the criminal proceedings are underway, the investigated “have continued with the criminal dynamics permanently, looking for all kinds of loopholes and subterfuges to avoid the closure of their dissemination channels , and maintaining a constant level of filing false complaints”.
According to the instructor, more than a year after the beginning of the criminal procedure “the criminal mechanics of those investigated are fully operational, without the repeated attempts to prevent the criminal commission having borne fruit.”
In addition, it appreciates that there is a risk of flight, since the investigation is close to ending and the penalties faced by those investigated are very serious.
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