Gallardo, the former leader of the PSOE of Extremadura, appeals his conviction for the 'hermanísimo' case: "There was no preconceived plan"

The former president of the Badajoz Provincial Council Miguel Ángel Gallardo has filed an appeal against the sentence of the Provincial Court that sentenced him on July 14 to 18 years of disqualification (the highest of the 11 defendants) for two crimes of continued administrative prevarication related to the case of the hiring of David Sánchez Pérez-Castejón as a senior official in the provincial institution: "There was no preconceived, ordered and directed plan" To this end, he argues in his writing.

"We categorically deny that Miguel Ángel Gallardo decided, alone or in conjunction with others, to create the position with a view to awarding it to David Sánchez," details the appeal of the former leader of the PSOE of Extremadura, who resigned from his organic position after the electoral debacle of the regional elections in Extremadura last December - where he was a socialist candidate for the Junta - and also as a regional deputy. His defense considers that there is not "sufficient evidence" against Gallardo "to undermine the presumption of innocence" and, he points out, "the alleged evidence used, in addition to not being such, admits more than one inference," he warns. In this sense, the writing says that there was no "close" relationship between the former socialist baron from Extremadura and David Sánchez and denies that "meetings between the two were common."

Along these lines, he once again emphasizes that Gallardo "did not even know of his existence and the relationship - between the two - after joining (the brother of the President of the Government to the Provincial Council), is strictly professional, as corresponds to the highest political and institutional leader with the management staff of the entity." And he insists: "Nothing has been proven to the contrary and nothing can be proven because it simply does not correspond to reality."

Regarding the connection with Pedro Sánchez, the defense brief goes so far as to say that "the Extremadura Federation" of this party contributed to his resignation as general secretary of the PSOE, as indicated in the trial by the witness Estrella Gordillo, a senior socialist official.

In fact, the lawyer emphasizes that "one thing is that after the call" for the position it was rumored that David Sánchez was going to present himself, "which is what the witnesses report", and another "very different" thing is that before creating it "it was rumored that the recipient" was going to be the latter. In his opinion, the appealed sentence "infers" the existence of a preconceived plan, ordered and directed by Gallardo, which is far from reality. In this sense, he insists: "It seems too weak a foundation" to affirm in a ruling that there was "a plan designed to create and allocate a position tailored to the size, taste and convenience of David Sánchez."

New procedure

In addition to asking for Gallardo's acquittal, his defense urges not to allow a new procedure to be opened against the former president of the Provincial Council for a third crime related to the creation of the position of head of the cross-border activities section, which was awarded to Luis Carrero, a personal friend of the brother of the President of the Government, also in the Badajoz Provincial Council. Carrero had worked in the area of ​​​​the Presidency of Moncloa as a Communication advisor, from where before joining the Badajoz institution, through a competition in which only he participated, he was already collaborating with David Sánchez. In this sense, the Hazte Oír association has filed a new complaint for alleged administrative prevarication against Gallardo in relation to the process of creating this plaza for which Carrero has also been convicted.

The former secretary general of the Extremadura socialists was sentenced, on the one hand, to nine years of disqualification for the creation and granting of the position of coordinator of the Badajoz conservatories, which fell to David Sánchez, and to another nine years for the modification of this position to 'head of the Performing Arts Office', but not for his alleged involvement in the position of David Sánchez's friend, which is why he was not investigated by Judge Beatriz Biedma in this matter during the period. of instruction. Then, after the trial, the Court expressly reserved the possibility of initiating actions in this regard. For Gallardo's defense, these facts, the "indubitably accredited" facts, do not lead "inexorably or with prevailing reasonableness to the result achieved and those that could do so are far from being proven."

As a summary, his defense lawyer presents the appeal as a violation of the right to the presumption of innocence, due to the scope of the special disqualification penalties and because it leaves the door open to new actions against his client related to Carrero's position.

Regarding the 18-year disqualification for Gallardo, the defense understands that it does not comply with the law, considering that, if there are crimes, this prohibition should be adjusted exclusively to the presidency of the Badajoz Provincial Council or other elective positions, but not to discretionary positions in any public administration. However, the Court has already clarified that the disqualification - also for the rest of the convicted - concerns any public position in the administration, regardless of their category and condition.