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Fernández Díaz Rejects Criminal Responsibility in Kitchen Case Trial

Richard Reid RUSSPAIN.com

Post by Richard Reid

Fernández Díaz Rejects Criminal Responsibility in Kitchen Case Trial RUSSPAIN.com © russpain.com
Fernández Díaz Rejects Criminal Responsibility in Kitchen Case Trial © russpain.com

Jorge Fernández Díaz, former Interior Minister, denies involvement in the Kitchen operation. His defense claims accusations are based solely on his ministerial role. The trial nears its conclusion amid sharp disputes over evidence.

The legal battle over the so-called Kitchen operation intensified this week as Jorge Fernández Díaz, Spain’s former Interior Minister, sought to distance himself from the high-profile espionage case targeting ex-PP treasurer Luis Bárcenas. In the National Court, Fernández Díaz’s defense argued that the prosecution’s case rests not on concrete evidence, but on his position as minister during the alleged events.

During closing arguments, defense lawyer Jesús Mandri insisted that Fernández Díaz should not be held criminally liable simply because he led the ministry at the time. He criticized the prosecution for relying heavily on testimony from Francisco Martínez, the former Secretary of State for Security and once the minister’s closest aide. According to Mandri, all incriminating elements against Fernández Díaz stem from Martínez and lack independent corroboration.

The prosecution, led by César de Rivas, maintains that Fernández Díaz orchestrated the operation to seize sensitive documents from Bárcenas, aiming to prevent damaging information about PP officials from reaching Gürtel investigators. The Anticorruption Prosecutor’s Office is seeking a 15-year sentence, arguing that the former minister exercised control over the operation through his subordinates. However, Mandri countered that the evidence is circumstantial and that the accusations amount to holding his client responsible solely due to his ministerial status.

Central to the dispute are a series of text messages that Martínez presented to notaries in 2019, which allegedly implicate Fernández Díaz in the operation. The defense has challenged the authenticity of these messages, questioning both their origin and the notarial process. Mandri argued that the language used in the texts is inconsistent with how Fernández Díaz communicates, and suggested irregularities in how the notarial records were created. He further noted that Martínez avoided discussing the messages during his own testimony, and neither his lawyer nor the prosecution pressed the issue in court.

Mandri also emphasized that Fernández Díaz had no personal interest in any material Bárcenas might have held, pointing out that the former minister was not among those suspected of receiving illicit payments. He highlighted that Fernández Díaz left the ministry in late 2016 due to serious illness and was already preparing to exit politics, undermining claims that he acted to protect the PP leadership.

The Kitchen trial, which began in April and has now reached its 34th session, is entering its final phase. Defense teams are presenting their closing statements, following the prosecution’s arguments delivered three weeks earlier. The court, presided over by Judge Teresa Palacios, expects to conclude proceedings before the end of July.

This case is part of a broader pattern of judicial scrutiny involving senior Spanish officials. For example, recent investigations have also examined the role of former prime minister José Luis Rodríguez Zapatero in unrelated financial matters, as seen when a Madrid court invited the Tax Agency to join a probe into valuable jewels found in his office—details of which can be found in this report on the Zapatero jewels investigation.

The outcome of the Kitchen trial could have significant implications for how ministerial responsibility is interpreted in Spain’s legal system, especially in cases involving alleged misuse of state resources for political ends. The case also highlights ongoing tensions within the PP, as former allies turn into key witnesses. As the trial draws to a close, attention remains focused on whether the court will accept the defense’s argument that holding office alone does not constitute criminal liability without direct evidence of wrongdoing.

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