Former Judge Fernando Presencia, at the National Court in 2022. Víctor Sainz
Judge Joaquín Gadea, instructor at the National Court of Justice, this Thursday ordered the confinement in the temporary prison of Fernando Presencia, a former judge who was disqualified from the race for subterfuge and is now under investigation for running an alleged “criminal organization”. dedicated to filing false complaints in order to extort money from an economic return. Gadea made the decision after Wednesday ordering the arrest of the accused who failed to appear in court for questioning.
With an order issued this Thursday, Gadea underlines the different reasons for being admitted to the temporary detention center. First, there is a risk that the conspiracy will continue its criminal activities, as its “criminal momentum” has not abated over the year the investigation has been ongoing. In addition, the judge assesses the risk of absconding, given that “the class is about to end” and “given the seriousness of the crimes he is facing”. The prosecution, which sought the jail sentence for the former judge, also warns of the risk of him concealing or destroying evidence. The prosecution alleges crimes against the high institutions of the state; criminal organization; serious fraud; Lie; illegal association; money laundering; and withdrawal of assets.
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Gadea stresses that after listening to his statement on Thursday, Presencia “continues to believe that he is an active judge.” “The most striking thing is that this state of judges is associated with an aura of impunity, which is particularly repugnant to those who are dealing with an association that wants to fight corruption,” emphasizes the instructor in his car, bringing it to the Period: “The investigation.” He’s hiding in the status of judge to gain immunity not even due to the head of state, and he’s trying to evade all responsibility.”
In this year of investigation, the National Police and Civil Guard have gathered evidence that Presencia hatched a conspiracy to make money by filing false complaints with ad hoc fabricated evidence against high state institutions and officials, to whom it attributes tax debts to havens that promote them via the internet and social networks. Those involved then collect money from their followers, who give them cash donations because they “believe” they are helping to “fight corruption.” For this purpose, the network uses Acodap, an association chaired by Presencia and founded in 2018 after his expulsion from the judicial career.
This is how Judge Gadea describes the conspiracy in one of his resolutions: “It is a criminal group with defined roles and a vocation to permanence, culminating in presence.” According to the summary, e Presencia is accompanied by a whole range of collaborators: “Alberto Royuela and his son Santiago Royuela would play an essential role in preparing the denunciations and mendacious documents accompanying them.” Juan Martínez Grasa, Alejandro Diges and Álvaro Arteaga would be in charge of filing complaints with the various receiving authorities. “Lidia Reina would play a key role in spreading it online and through different channels and social networks.”
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The seven were summoned to the regional court this Wednesday so that the public prosecutor’s office and the accused could apply for precautionary measures against them during a visit. Only the Royuela and Grasa appeared, for whom the judge ordered their imprisonment. For his part, Gadea ordered Presencia arrested and brought to justice. The ministry also requested the arrest of Diges, Arteaga and Reina. “Acodap, an organization that appears to have been set up to fight corruption, would be the de facto means by which the individuals investigated here would appear to enrich themselves, starting with Presencia, who had no income after her separation from the judiciary career.” “The alleged intention to take action against corruption would be nothing more than a false claim to solicit anonymous contributions and donations,” the prosecutor exposes.
Presencia, who founded Acodap in 2018 after being eliminated from the race, was already on the verge of going to jail for another reason awaiting execution: in November 2022, the Supreme Court upheld his sentence of 34 months in prison before one Court of Talavera de la Reina (Toledo), where he served as chief judge, for crimes of false denunciation and defamation against the city’s chief prosecutor, Ángel Demetrio de la Cruz, whom he accused of corruption for years without evidence. Previously, the Supreme Court had twice convicted him of subterfuge for favoring his friends with decisions he made at the Castilla-La Mancha court he presided over.
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