Former Spanish Transport Minister José Luis Ábalos has unexpectedly demanded that his corruption and state contract fraud case for mask procurement be heard not by the Supreme Court, but by a jury trial. His lawyers insist that ordinary citizens should decide his fate on the main charges involving bribery, abuse of influence, and embezzlement of funds.
In their filed motion, the defense argues that most of the charges fall under the jurisdiction of a jury trial. Only two alleged offenses—organizing a criminal group and insider trading—are outside of the jury’s scope. However, the lawyers maintain that these episodes should be tried together with the major charges to avoid fragmenting the proceedings.
Defense Arguments
Ábalos and his team believe a jury will provide a fairer hearing. They emphasize that the majority of accusations are directly related to corruption in state procurement during the pandemic. The defense contends that if there were any real risk of flight, the former minister would not have appeared voluntarily at the hearing but rather attempted to flee.
The Supreme Court has already scheduled a hearing for January 15 to review Ábalos’s appeal against his detention. As a reminder, the ex-minister was arrested on November 27 and placed in Soto del Real prison in Madrid, together with his former advisor Koldo García.
Details of the Charges
Investigators believe that Ábalos, his adviser, and businessman Víctor de Aldama acted together to obtain illegal benefits from mask procurement contracts. According to the prosecution, they exploited their official positions and political connections to advance the interests of specific companies.
Prosecutors are seeking a 24-year prison sentence for Ábalos and 19.5 years for his adviser. Private accusers are demanding even harsher penalties—up to 30 years. Aldama, considered the intermediary, faces up to 7 years, but his sentence may be reduced due to his cooperation with the investigation.
Court response
Supreme Court judges Juan Ramón Berdugo, Antonio del Moral, and Pablo Llarena agreed to review Ábalos’s appeal. They also supported holding a separate hearing to consider pretrial measures.
In December, the appellate chamber confirmed there were sufficient grounds to bring the former minister to trial. Judge Leopoldo Puente officially initiated proceedings against Ábalos, García, and Aldama. The hearing date has not yet been set.
Case background
This is the first trial in the so-called ‘Caso Koldo’, which investigates not only fraud involving mask procurement but also other episodes linked to the distribution of government contracts. In a separate case, former PSOE party organization secretary Santos Cerdán is also under investigation, while the National Court continues to examine possible illegal cash payments.
Ábalos, who previously served as organization secretary for the PSOE, found himself at the center of a high-profile scandal that affected not only him but also the party’s top leadership. After the arrest of advisor Koldo García in 2024, the former minister was reportedly shocked by the events; now both are in the same position and awaiting trial.
Consequences and expectations
The mask procurement case could set a precedent for similar cases in the future. The question of whether Ábalos will be tried by professional judges or a jury is of particular importance amid strong public interest and political implications. The Supreme Court’s ruling on the former minister’s appeal is expected in the coming weeks.
