Mallorca has had its several months of fame. Perhaps the tourism ministry should consider a new "tourist product" in its endless search for de-saturating the beaches of mono-cultural, sun-seeking northern European holidaymakers. They could call it legal tourism. Or Nóos tourism. A route (the ministry loves a route) for the greatest legal show on the earth of Mallorca. But who would really want to be shown around what - for purposes of the trial - was an adapted room in an office block on an uncharming industrial estate located ominously closely to the prison?
No, there's fame and then there's celebrity. It was Mallorca's fortune (or perhaps misfortune) to provide the location for Nóos and for global media hunger. They were attracted not by Urdangarin or Matas but by the princess. Has the ministry set a figure yet on how much the media spent in terms of accommodation, of daily spend per journalist/cameraman, of the knock-on benefit for bars and restaurants and shops? Has there been, will there be a promotional effort to attract visitors to the place where justice was enacted and seen to have been enacted in a confirmation of the soundness of the Spanish legal system? A royal on trial. And it was right here. Or right there on the otherwise non-descript Son Rossinyol estate. When (if) another royal is subjected to the whims of a peculiar organisation such as Manos Limpias, then they now have a far better option. Shift the trial from the Via Alemanya to the Palacio de Congresos - a palace fit for a royal trial.
Has the legal system been a winner or has it been a loser? Where the princess is concerned, it was both. It was a winner in that she was acquitted and others, such as her husband, were not. It lost because it allowed for a prosecution that should never have been brought and not only against the princess.
Juan Pedro Yllanes, who would have headed the judges' panel had he not opted to become a Congress deputy for Podemos, observed that the outcome - the verdicts and sentencing - could have been foreseen. He, therefore and without obviously having the full evidence to consult, was able to predict an acquittal. Mostly anyone else could have as well.
It was the damning conclusions of the judges directed at the Manos Limpias prosecution of the princess and of the wife of Diego Torres that held up the right to a private action under the legal system to ridicule. The judges were particularly condemnatory of the latter stages of the trial. Manos Limpias, by then under the scrutiny of the allegations raining down on it of extortion - pay up and prosecutions will be dropped - showed "minimum prudence" which made "abusive" its right to pursue its actions. Its case was "devoid of consistency". Manos Limpias wanted its several months of fame. It got it, but it was twisted into notoriety by its own warped sense of entitlement.
Perhaps, however, the legal system was not a loser in enabling the princess' prosecution to proceed. Where, after all, was the fabric for Manos Limpias woven? Not solely within its factory for the allegations that have since been levelled at it. Judge Castro was the weaver. Held up as a people's hero in his tireless targeting of the corrupt, his reputation has been diminished. The anti-corruption prosecutor Pedro Horrach, who disagreed with Castro from the outset, has referred to a regrettable loss of time - four years of instruction, which ultimately led nowhere. He has also regretted the fact that his own independence was questioned. That he, by not pursuing a state prosecution, was somehow got at.
There will be many who will believe that the princess got off scot-free. Surely, they will think, she must have been party to the design of the web of businesses through which public funds were diverted? Why surely? She said repeatedly in refusing to answer Manos Limpias' lawyer and responding only to her lawyer that she trusted her husband. The very model of the modern royal marriage. A one-time golden couple. She knew her place. And that was to let Iñaki take care of business. She never questioned it. Or the basis for the spending she was able to indulge in. She has been fined over quarter of a million euros for having been an unquestioning wife.
The legal system is a winner, though, in having snared Iñaki and Torres, the latter the recipient of the stiffer sentence. Iñaki, clearly not an unclever man, was nevertheless not as clever as Torres. Or as clever as Torres thought he was. Perhaps there should be some sympathy for Iñaki, who - as Horrach has noted - did not participate in the creation of the structure for money laundering. The sympathy evaporates because he knew full well what was going on. Unlike his wife.
Showing posts with label Princess Cristina. Show all posts
Showing posts with label Princess Cristina. Show all posts
Tuesday, February 21, 2017
Monday, January 18, 2016
The Comfy Chairs Of The Noose Inquisition
You don't get weeks like last week too often. For starters the gun went off for the start of the Trial of the Millennium. Minute-by-minute updating was being offered via the media. Faces and body language of the accused were being analysed. Diego Torres's defence lawyer referred to sexual unorthodoxy when he had meant to say procedural unorthodoxy. Everyone fell about in fits of laughter, except perhaps Torres, Ignatius and the Infanta.
For the gathered tribes of the media, it soon became apparent that they are going to have to endure weeks of total tedium. Unless the court decides that the Infanta can shoot off back to Geneva, having escaped with a Botin defence and a repayment to the Hacienda of a few hundred thousand euros, it'll be weeks before anything of any note occurs, such as one of the accused being put on oath, and months before we come to the main event, with the Infanta in the dock and faced with the wrath of the clean hands of Manos Limpias and its desire for Infantacide. Accordingly, therefore, the TotM started and then everyone promptly forgot about it.
Of the body language experts pressed into service, as they typically are on such occasions, there was the distance between the Infanta and Ignatius as they attempted to steal into the courthouse under the cover of almost total morning darkness, save for the dozens of journalists camped outside along with the dozens fewer Republicans who did what Republicans do, which is to protest. What did this distance signify? Nothing probably, given that it would have been odd had they marched in hand in hand and smiling in a beaming fashion to rival even Palma's mayoral Smiler High-la.
Where one felt somewhat sorry for them was with the seating. Can't the court system stretch to something more comfortable on which to sit for hour after hour? Or perhaps it's a means of extracting confessions. "Yes, I admit it. I nicked six million euros. But for God's sake, can I now have a comfy chair to sit on?" "Cardinal Fang, fetch the comfy chair. Nobody expects the Noose Inquisition by visitor's seat without adequate padding."
In addition to the body language sorts, various protagonists in the Noose affair were being talked to by the media who hadn't been caged into the courthouse. There was, for example, the chief anti-corruption prosecutor, Pedro Horrach. An interview with one particular newspaper ("El Mundo") was most notable because of the accompanying photo. Next to him in his office were massive boxes secured with Guardia Civil tape, and these boxes were piled up inside a Mercadona shopping trolley. This, the trolley, led readers to offer comments questioning, quite legitimately, what a Mercadona shopping trolley with boxes of Guardia evidence was doing in the immediate proximity of the chief prosecutor. One of them suggested that it might have been subliminal advertising. Or some form of product placement.
As yet, there has been no explanation as to the appearance of the trolley. Nor, or so it would seem, have Eroski, Carrefour or Lidl (other supermarket chains are available) approached other prominent members of the establishment and asked if they would like a trolley for their next media photos.
For the gathered tribes of the media, it soon became apparent that they are going to have to endure weeks of total tedium. Unless the court decides that the Infanta can shoot off back to Geneva, having escaped with a Botin defence and a repayment to the Hacienda of a few hundred thousand euros, it'll be weeks before anything of any note occurs, such as one of the accused being put on oath, and months before we come to the main event, with the Infanta in the dock and faced with the wrath of the clean hands of Manos Limpias and its desire for Infantacide. Accordingly, therefore, the TotM started and then everyone promptly forgot about it.
Of the body language experts pressed into service, as they typically are on such occasions, there was the distance between the Infanta and Ignatius as they attempted to steal into the courthouse under the cover of almost total morning darkness, save for the dozens of journalists camped outside along with the dozens fewer Republicans who did what Republicans do, which is to protest. What did this distance signify? Nothing probably, given that it would have been odd had they marched in hand in hand and smiling in a beaming fashion to rival even Palma's mayoral Smiler High-la.
Where one felt somewhat sorry for them was with the seating. Can't the court system stretch to something more comfortable on which to sit for hour after hour? Or perhaps it's a means of extracting confessions. "Yes, I admit it. I nicked six million euros. But for God's sake, can I now have a comfy chair to sit on?" "Cardinal Fang, fetch the comfy chair. Nobody expects the Noose Inquisition by visitor's seat without adequate padding."
In addition to the body language sorts, various protagonists in the Noose affair were being talked to by the media who hadn't been caged into the courthouse. There was, for example, the chief anti-corruption prosecutor, Pedro Horrach. An interview with one particular newspaper ("El Mundo") was most notable because of the accompanying photo. Next to him in his office were massive boxes secured with Guardia Civil tape, and these boxes were piled up inside a Mercadona shopping trolley. This, the trolley, led readers to offer comments questioning, quite legitimately, what a Mercadona shopping trolley with boxes of Guardia evidence was doing in the immediate proximity of the chief prosecutor. One of them suggested that it might have been subliminal advertising. Or some form of product placement.
As yet, there has been no explanation as to the appearance of the trolley. Nor, or so it would seem, have Eroski, Carrefour or Lidl (other supermarket chains are available) approached other prominent members of the establishment and asked if they would like a trolley for their next media photos.
Tuesday, January 12, 2016
Son Rossinyol Nights Out: The trial
The entrance to the Son Rossinyol industrial estate is just off the Soller road, heading out of Palma. It is a development of a type that only Mallorca could somehow dream up. Amidst its light industry, services of various kinds, retail outlets, showrooms and offices, there is an old rural finca. The first building on this land was in the seventeenth century, and the finca is now classified as being part of the Balearics' historical heritage. Its name is Sa Possessió. It was converted into a cultural centre and is perhaps best known for the club that operates there. This Friday will be a night of black music.
Close to Sa Possessió is the School for Balearic Public Administration. Some of those who will be inside this building this week might like to relax on Friday at Sa Possessió. If they do, they will be members of the media, those from afar and nearer. Others at the building will be nowhere near Sa Possessió. They'll be keeping as far out of sight as possible.
This isn't the first time that this school has housed a trial. The "caso Kabul" was a major drugs trial involving one of Palma's principal clans. It started almost three years to the day, its cast having comprised 55 accused, the star of which (if star is the correct word) was Francisca Cortés Picazo, commonly known as "La Paca", the matriarch of the clan based in Son Banya, notorious for being at the centre of the capital's drugs trade. Other family members were similarly well known by their nicknames: "El Ico", "La Guapi", "El Moreno".
"Caso Kabul" was a major media event but it is not in the same league as "caso Nóos". There is no matriarch. Instead there is a princess. Nicknames do not abound. Only the names of insults directed at certain accused. There is no clan. But there is a dynasty: the Bourbon.
To find the origins of the Nóos trial, you have to go back to an investigation that was opened by Judge José Castro in July 2010 into agreements from four and five years previously between two bodies within the Balearic tourism ministry - the sports foundation (Fundación Illesport) and the one-time tourism promotion agency (Ibatur) - and the Nóos Institute, a partner in which had been the Duke of Palma, Iñaki Urdangarin, the husband of Princess Cristina. These agreements were to later be exposed in the media. Reproduced invoices showed the amounts that had been claimed for work which, the investigation was to find, appeared not to have been undertaken. Or for which, at the very least, payment had been greatly in excess of what it had merited. One particularly revealing aspect of these invoices was one for 450,000 euros that was raised a month before the 2007 election. This was an election that the former president of the Balearics, Jaume Matas, lost. He is also on trial.
The fact was, however, that there were earlier origins to the case, and they stemmed from the investigations into Matas, in particular those to do with Palma Arena. There had been a domino effect that had started with the arrest of the mayor of Andratx in 2006. The dominoes were knocked over and they revealed Matas and eventually Nóos.
The amounts involved in Nóos are comparatively small beer when set against those related to Palma Arena and to the contract for Son Espases Hospital (about which we have certainly not heard the last). But 6.2 million euros, the amount of public funds alleged to have been embezzled, are still 6.2 million euros. The amount is immaterial of course. It's the principle that matters.
Though the trial is set to last until the end of June, it opened with a certain sense of finality. One of those accused, the former director of Balearic sport and one-time Olympic rower, José Luis Ballester, has already expressed his repentance. Even Matas appears to accept his fate, one that he is wishing to partially avoid by using his "palacete" in Palma as recompense for what he has described as the damage that was done. The irony of this is not lost on many. It was a raid on this "palacete" that marked the point when the dominoes had fallen and revealed him. And my, how the media revelled in its descriptions of the luxury inside and of his wife's wardrobe.
Diego Torres, the one-time business partner of Iñaki Urdangarin, has not thrown in the towel. For months, he has been doing his best to implicate the Royal Household and its intimate knowledge of the affairs of Nóos. If he's going down, he's taking others with him. In an extraordinary prelude to the trial, he was interviewed on national television last week, detailing his charges of Royal Household involvement.
And then there is Princess Cristina. The trial is far more than just about her. Indeed it might yet be that she doesn't stand trial, if the defence of the Botin doctrine is accepted. As she faces a private and not public prosecution, everything hinges on the interpretation of this defence. For the media who have come from afar, they will be probably hoping that the defence fails. If it succeeds, there will be no nights at Sa Possessió. The big trial will suddenly seem smaller.
Close to Sa Possessió is the School for Balearic Public Administration. Some of those who will be inside this building this week might like to relax on Friday at Sa Possessió. If they do, they will be members of the media, those from afar and nearer. Others at the building will be nowhere near Sa Possessió. They'll be keeping as far out of sight as possible.
This isn't the first time that this school has housed a trial. The "caso Kabul" was a major drugs trial involving one of Palma's principal clans. It started almost three years to the day, its cast having comprised 55 accused, the star of which (if star is the correct word) was Francisca Cortés Picazo, commonly known as "La Paca", the matriarch of the clan based in Son Banya, notorious for being at the centre of the capital's drugs trade. Other family members were similarly well known by their nicknames: "El Ico", "La Guapi", "El Moreno".
"Caso Kabul" was a major media event but it is not in the same league as "caso Nóos". There is no matriarch. Instead there is a princess. Nicknames do not abound. Only the names of insults directed at certain accused. There is no clan. But there is a dynasty: the Bourbon.
To find the origins of the Nóos trial, you have to go back to an investigation that was opened by Judge José Castro in July 2010 into agreements from four and five years previously between two bodies within the Balearic tourism ministry - the sports foundation (Fundación Illesport) and the one-time tourism promotion agency (Ibatur) - and the Nóos Institute, a partner in which had been the Duke of Palma, Iñaki Urdangarin, the husband of Princess Cristina. These agreements were to later be exposed in the media. Reproduced invoices showed the amounts that had been claimed for work which, the investigation was to find, appeared not to have been undertaken. Or for which, at the very least, payment had been greatly in excess of what it had merited. One particularly revealing aspect of these invoices was one for 450,000 euros that was raised a month before the 2007 election. This was an election that the former president of the Balearics, Jaume Matas, lost. He is also on trial.
The fact was, however, that there were earlier origins to the case, and they stemmed from the investigations into Matas, in particular those to do with Palma Arena. There had been a domino effect that had started with the arrest of the mayor of Andratx in 2006. The dominoes were knocked over and they revealed Matas and eventually Nóos.
The amounts involved in Nóos are comparatively small beer when set against those related to Palma Arena and to the contract for Son Espases Hospital (about which we have certainly not heard the last). But 6.2 million euros, the amount of public funds alleged to have been embezzled, are still 6.2 million euros. The amount is immaterial of course. It's the principle that matters.
Though the trial is set to last until the end of June, it opened with a certain sense of finality. One of those accused, the former director of Balearic sport and one-time Olympic rower, José Luis Ballester, has already expressed his repentance. Even Matas appears to accept his fate, one that he is wishing to partially avoid by using his "palacete" in Palma as recompense for what he has described as the damage that was done. The irony of this is not lost on many. It was a raid on this "palacete" that marked the point when the dominoes had fallen and revealed him. And my, how the media revelled in its descriptions of the luxury inside and of his wife's wardrobe.
Diego Torres, the one-time business partner of Iñaki Urdangarin, has not thrown in the towel. For months, he has been doing his best to implicate the Royal Household and its intimate knowledge of the affairs of Nóos. If he's going down, he's taking others with him. In an extraordinary prelude to the trial, he was interviewed on national television last week, detailing his charges of Royal Household involvement.
And then there is Princess Cristina. The trial is far more than just about her. Indeed it might yet be that she doesn't stand trial, if the defence of the Botin doctrine is accepted. As she faces a private and not public prosecution, everything hinges on the interpretation of this defence. For the media who have come from afar, they will be probably hoping that the defence fails. If it succeeds, there will be no nights at Sa Possessió. The big trial will suddenly seem smaller.
Saturday, December 27, 2014
Felipe And The Sister Thing
It is Christmas Eve 2015. The Spanish nation turns its attention from stuffing the turkey with truffles and from popping the cava. It's the most anticipated television event of the year. What is he going to say? The he is King Felipe, though one might not totally dismiss the possibility that the he will by next year be the grandeur-delusional "pequeño Nicolás". Assuming that the little twerp hasn't ascended to the throne and that Felipe is delivering the annual Christmas message, he has to deal with the sister thing. The anticipation is therefore immense.
Felipe's message this Christmas Eve made no direct reference to Cristina, but it was a message notable for its absence of preliminary warm-up of the small-talking variety. It went straight in on corruption. The number one theme. It was a bold and strong message. "We need a profound regeneration of our collective life. And in so doing, the fight against corruption is an essential objective."
The message needed to be strong. Part of the job description that came with the succession was to be able to handle the sister thing. The old king, sadly discredited, could no longer credibly contend with the daughter thing. Awkward and embarrassing it must be for Felipe, but the nation comes first. He knows that, even if he didn't explicitly place nation above immediate family.
But what might the message next year contain? By then Cristina should know her fate, though there are surely several twists to follow the decision of Judge Castro to put her on trial. The judge, in delivering his "auto" - his judicial declaration - ruled out appeal and the application of the so-called Botín doctrine. He may yet find himself challenged on both counts. Botín, named after Emilio Botín, the former president of Santander Bank who died in September, refers to a case brought against Botín that was ruled inadmissible by the Supreme Court because the prosecution was led not by a state prosecutor but by a private, unaggrieved third party. As Pedro Horrach, the state anti-corruption prosecutor, has said that he believes Cristina does not have a case to answer, the prosecution lies essentially with a third party, namely the right-wing "union" Manos Limpias, an organisation which constantly seeks to fight corruption but which, as implied by alleged links to Francoism, is no friend of the royal family.
In a different case, however, the Supreme Court has ruled that an unaggrieved third party can be the sole accuser. The Atutxa doctrine refers to the case brought against the former president of the Basque Country, Juan María Atutxa, alleged to have had links to ETA. Despite this apparent contradiction, might the Cristina prosecution be bumped up to the Supreme Court? Castro would say no, and in delivering his "auto" he laid down a gauntlet. For there to now be a challenge citing Botín or for there to be any attempt to accuse Castro of having exceeded his powers (which was what happened to the celebrated investigating judge Baltasar Garzón) would be highly dangerous for Spain's reputation and indeed for Spain's society with its "serious social concern", as noted by Felipe.
Who knows what twists there might yet be and so what type of message Felipe has to deliver on Christmas Eve 2015. And who knows what Cristina might do next. Were she and Iñaki discussing divorce during the family Christmas in Switzerland? Was she giving serious consideration to renouncing her right of succession? (As sixth in line her chances of ascending to the crown would be as unlikely and as implausible as the current sixth in line to the British monarchy, Princess Beatrice of York.) Did she watch her brother's message? What did she think? It could not have been a happy Christmas in the Urdangarin household.
Felipe's message this Christmas Eve made no direct reference to Cristina, but it was a message notable for its absence of preliminary warm-up of the small-talking variety. It went straight in on corruption. The number one theme. It was a bold and strong message. "We need a profound regeneration of our collective life. And in so doing, the fight against corruption is an essential objective."
The message needed to be strong. Part of the job description that came with the succession was to be able to handle the sister thing. The old king, sadly discredited, could no longer credibly contend with the daughter thing. Awkward and embarrassing it must be for Felipe, but the nation comes first. He knows that, even if he didn't explicitly place nation above immediate family.
But what might the message next year contain? By then Cristina should know her fate, though there are surely several twists to follow the decision of Judge Castro to put her on trial. The judge, in delivering his "auto" - his judicial declaration - ruled out appeal and the application of the so-called Botín doctrine. He may yet find himself challenged on both counts. Botín, named after Emilio Botín, the former president of Santander Bank who died in September, refers to a case brought against Botín that was ruled inadmissible by the Supreme Court because the prosecution was led not by a state prosecutor but by a private, unaggrieved third party. As Pedro Horrach, the state anti-corruption prosecutor, has said that he believes Cristina does not have a case to answer, the prosecution lies essentially with a third party, namely the right-wing "union" Manos Limpias, an organisation which constantly seeks to fight corruption but which, as implied by alleged links to Francoism, is no friend of the royal family.
In a different case, however, the Supreme Court has ruled that an unaggrieved third party can be the sole accuser. The Atutxa doctrine refers to the case brought against the former president of the Basque Country, Juan María Atutxa, alleged to have had links to ETA. Despite this apparent contradiction, might the Cristina prosecution be bumped up to the Supreme Court? Castro would say no, and in delivering his "auto" he laid down a gauntlet. For there to now be a challenge citing Botín or for there to be any attempt to accuse Castro of having exceeded his powers (which was what happened to the celebrated investigating judge Baltasar Garzón) would be highly dangerous for Spain's reputation and indeed for Spain's society with its "serious social concern", as noted by Felipe.
Who knows what twists there might yet be and so what type of message Felipe has to deliver on Christmas Eve 2015. And who knows what Cristina might do next. Were she and Iñaki discussing divorce during the family Christmas in Switzerland? Was she giving serious consideration to renouncing her right of succession? (As sixth in line her chances of ascending to the crown would be as unlikely and as implausible as the current sixth in line to the British monarchy, Princess Beatrice of York.) Did she watch her brother's message? What did she think? It could not have been a happy Christmas in the Urdangarin household.
Sunday, February 09, 2014
The Infanta Infatuation
If you were a rabid royalist or a rabid Republican, you would have already made your mind up about the innocence or guilt of the Infanta before she stepped from her car, having avoided the walk along the ramp of shame that the Infanta's Iñaki has had to endure on the two occasions when he has been invited to appear before Judge Castro in the Palma courthouse.
The overwhelming majority of Spaniards display a singular lack of rabidity when it comes to the royalty or to Republicanism. Most will be inclined, thanks largely to an alarming decline in the popularity of the royal family, to assume that Judge Castro - in whom the people (of Mallorca at any rate) trust - knows what he's doing and that there is substance to the reasons for Princess Cristina being called in for a chat. It doesn't make them rabid Republicans though, even if a recent poll suggested that around 40% of the population would be happy to see the monarchy go. As with political parties, Spaniards tend to be indifferent. There is a national shrug of the shoulders when the elite have their dirty washing aired and then find it folded away neatly in a drawer, having been "archived". For Spaniards, Cristina is like a politician brought to court, the only difference being a title. Their expectation, as with politicians, is that, regardless of whether Castro has strong grounds or not, nothing will happen as a result of the court appearance, and they may well be right to have such an expectation.
Being royalist or Republican should play no part in the court proceedings but in a small way it does, this small way being in the guise of the Frente Cívico Somos Mayoría, a movement formed by the ex-leader of the United Left, a Republican-favouring party. It is one of two organisations that have brought what are in effect private prosecutions against the Princess. The other is Manos Limpias, a "union" which is about as far removed politically from the Frente Cívico as you can get. Which doesn't make it royalist. Quite the contrary. Given its background, Manos Limpias is essentially a Francoist organisation, and Francoists have little time for a Bourbon king who turned his back on Francoism when he had the chance to support it not once but twice. By extension, therefore, they have little time for anyone else with a Bourbon connection.
The presence of lawyers on behalf of these two diametrically opposite bodies in the court has added to the surreal nature of events in Palma. The world's media has flown in in great number, thus lending support to the notion that Palma could be forging a new niche in tourism - celebrity trial tourism - to indulge in the Infanta infatuation. The newsworthiness of the occasion is that she's the daughter of the King and that daughters of the King or any other member of the royal family, other than those who have married into it (Iñaki), don't do court appearances. One thing is for sure. Whatever happens (and nothing will), Judge Castro has secured for himself a place in legal history: the judge who put a royal in the dock.
But of course she isn't actually in the dock. She has only been called in to answer questions from a list as long as both Judge Castro's arms. And there are other questions, those from the chief anti-corruption prosecutor, Pedro Horrach, which is another surreal element. Horrach doesn't believe the Princess has a case to answer. Nevertheless, he gets his turn to ask questions, too.
Having replied to most of these questions by saying that she didn't know anything about her husband's business affairs and alleged criminality, what happens next? The chances of her being put on trial are remote in the extreme. Indeed, if the prosecutor is insufficiently moved to change his mind, it is hard to see how Judge Castro could proceed. There has to be a prosecutor, and while Manos Limpias might see itself cast in such a role, this would also be extremely unlikely. Moreover, it would be extraordinarily damaging. Just imagine, a Francoist organisation leading the interrogation of the daughter of the King.
The more likely outcome is that the whole thing will be "archived", the legal fudge which does permit the reopening of a case but typically puts an end to the whole matter. Even if he still believes there is a case against the Princess, Castro may have no alternative but to resort to archiving. And so the Spanish people will indeed shrug their shoulders because this will be what they might have expected to have happened, thus making them question what the point of the court appearance was.
The overwhelming majority of Spaniards display a singular lack of rabidity when it comes to the royalty or to Republicanism. Most will be inclined, thanks largely to an alarming decline in the popularity of the royal family, to assume that Judge Castro - in whom the people (of Mallorca at any rate) trust - knows what he's doing and that there is substance to the reasons for Princess Cristina being called in for a chat. It doesn't make them rabid Republicans though, even if a recent poll suggested that around 40% of the population would be happy to see the monarchy go. As with political parties, Spaniards tend to be indifferent. There is a national shrug of the shoulders when the elite have their dirty washing aired and then find it folded away neatly in a drawer, having been "archived". For Spaniards, Cristina is like a politician brought to court, the only difference being a title. Their expectation, as with politicians, is that, regardless of whether Castro has strong grounds or not, nothing will happen as a result of the court appearance, and they may well be right to have such an expectation.
Being royalist or Republican should play no part in the court proceedings but in a small way it does, this small way being in the guise of the Frente Cívico Somos Mayoría, a movement formed by the ex-leader of the United Left, a Republican-favouring party. It is one of two organisations that have brought what are in effect private prosecutions against the Princess. The other is Manos Limpias, a "union" which is about as far removed politically from the Frente Cívico as you can get. Which doesn't make it royalist. Quite the contrary. Given its background, Manos Limpias is essentially a Francoist organisation, and Francoists have little time for a Bourbon king who turned his back on Francoism when he had the chance to support it not once but twice. By extension, therefore, they have little time for anyone else with a Bourbon connection.
The presence of lawyers on behalf of these two diametrically opposite bodies in the court has added to the surreal nature of events in Palma. The world's media has flown in in great number, thus lending support to the notion that Palma could be forging a new niche in tourism - celebrity trial tourism - to indulge in the Infanta infatuation. The newsworthiness of the occasion is that she's the daughter of the King and that daughters of the King or any other member of the royal family, other than those who have married into it (Iñaki), don't do court appearances. One thing is for sure. Whatever happens (and nothing will), Judge Castro has secured for himself a place in legal history: the judge who put a royal in the dock.
But of course she isn't actually in the dock. She has only been called in to answer questions from a list as long as both Judge Castro's arms. And there are other questions, those from the chief anti-corruption prosecutor, Pedro Horrach, which is another surreal element. Horrach doesn't believe the Princess has a case to answer. Nevertheless, he gets his turn to ask questions, too.
Having replied to most of these questions by saying that she didn't know anything about her husband's business affairs and alleged criminality, what happens next? The chances of her being put on trial are remote in the extreme. Indeed, if the prosecutor is insufficiently moved to change his mind, it is hard to see how Judge Castro could proceed. There has to be a prosecutor, and while Manos Limpias might see itself cast in such a role, this would also be extremely unlikely. Moreover, it would be extraordinarily damaging. Just imagine, a Francoist organisation leading the interrogation of the daughter of the King.
The more likely outcome is that the whole thing will be "archived", the legal fudge which does permit the reopening of a case but typically puts an end to the whole matter. Even if he still believes there is a case against the Princess, Castro may have no alternative but to resort to archiving. And so the Spanish people will indeed shrug their shoulders because this will be what they might have expected to have happened, thus making them question what the point of the court appearance was.
Saturday, April 06, 2013
MALLORCA TODAY - The whole case against Urdangarin will be archived?
If you don't read Spanish well, the link to this article might prove a bit difficult. You can try putting into Google Translate and it will make some sense and probably sufficient to get the gist. Written by the excellent Matías Vallés, it suggests that the state prosecutor wants the case against Princess Cristina and her private secretary, Carlos García Revenga, to be archived, i.e. case not proven, everyone forgets about it, and Urdangarin's defence "smoothed".
Vallés says that he was originally against the indictment of Princess Cristina but that he has been persuaded to think otherwise by the Torres emails. I don't know that I agree with him. On the basis of what has been published by "El Pais" of the emails, I don't feel they are as damaging as is being made out, but there is always the possibility that emails that haven't been disclosed are potentially more harmful. Regardless of this, however, there is, as I have said in a previous article, good reason for the Princess to answer questions, if only regarding a possible abuse of her position, which is not the same as the principal allegations that have been made.
Vallés, though, sees the suspension of the subpoena of Princess Cristina as a step in the archiving of the case, and he may of course be right. The problem is that, as soon as Judge Castro issued the subpoena, to go back on it would potentially be more harmful than the Princess having to appear before him. The Spanish Government may worry about the harm being caused to the country's image because of the case, but the harm will be greater if it appears that there has been some form of stitch-up and the case is dropped.
See more: Diario de Mallorca
Vallés says that he was originally against the indictment of Princess Cristina but that he has been persuaded to think otherwise by the Torres emails. I don't know that I agree with him. On the basis of what has been published by "El Pais" of the emails, I don't feel they are as damaging as is being made out, but there is always the possibility that emails that haven't been disclosed are potentially more harmful. Regardless of this, however, there is, as I have said in a previous article, good reason for the Princess to answer questions, if only regarding a possible abuse of her position, which is not the same as the principal allegations that have been made.
Vallés, though, sees the suspension of the subpoena of Princess Cristina as a step in the archiving of the case, and he may of course be right. The problem is that, as soon as Judge Castro issued the subpoena, to go back on it would potentially be more harmful than the Princess having to appear before him. The Spanish Government may worry about the harm being caused to the country's image because of the case, but the harm will be greater if it appears that there has been some form of stitch-up and the case is dropped.
See more: Diario de Mallorca
Friday, April 05, 2013
Judgement By Email: Princess Cristina
If you knew nothing else about affairs in Spain but were presented with the news that the youngest daughter of the King had been supoeaned to appear in a court to answer questions related to a suspected corruption case and that members of the government had been listed in accounts which suggested that they had received money from a slush fund, then you would be within your rights to believe that Spain was on the point of institutional collapse.
That it may not be owes a great deal to what you wouldn't therefore know about other affairs in Spain. The indictment of Princess Cristina may be a sensation, the ledgers revealing possible black money may be dynamite, but this is Spain.
Prime Minister Rajoy, one of those listed in the ledgers, would have known about the subpoena when he addressed his party on Wednesday. Sidestepping the issue, he instead insisted that the economy would be growing by next year and that it was untrue that Spain was a country with widespread political corruption. It all rather depends on how one defines widespread, I guess.
Institutional collapse, that of either the monarchy or the government, is not going to happen, but the government and the main PSOE opposition are clearly alarmed at the damage that the Cristina sensation, coming on top of the leaked ledgers, may cause to Spain's image, such as it is, and to stability. Officially, neither the PP nor PSOE comments on judicial matters, leaving these to the judges (or judge in the case of the Princess), but this hasn't stopped unofficial voices of disapproval of Judge Castro's indictment of the Princess. He has done so as a means of self-aggrandisement, it is being suggested.
This is most unlikely. Castro is not Baltasar Garzón. But the judge will, like Garzón, have his enemies and there will be jealousies of him. It was these that helped to bring Garzón down. Any attempt, though, to constrain Castro by accusing him of exceeding his authority (which is what happened to Garzón) would be many more times damaging than either the harm that was caused to Spain's image by Garzón being disqualified or by the subpoena of the Princess.
Though the anti-corruption prosecutors are appealing the subpoena (they do not consider there are sufficient grounds for the Princess to be called), the reasons why Judge Castro has changed his mind - he had also suggested that there were insufficient grounds - are becoming clearer, and they are contained in the emails that Diego Torres has supplied the judge with. At least, one has to assume that the reasons are becoming clearer.
The emails that have appeared in the press do not make a compelling case against the Princess or indeed Urdangarin. They show that she was involved with Nóos and that Urdangarin continued his association with Nóos after both he and the Princess had resigned from Nóos on the King's instructions in 2006. But then, we already knew this. They show that, rather than having had nothing to do with Nóos, as Urdangarin has said, the Princess was involved in certain capacities, such as her having been lined up to be "sporting advisor" for a project to do with the Americas Cup (contained in an email of October 2007), but being involved in activities is not the same as having been a knowing participant in diverting public funds for personal gain. And this is the whole point of the case.
Urdangarin, and who can frankly blame him, has sought to keep his wife out of the whole affair, a wife who is a member of the Royal Family. You wouldn't have expected him to have done anything else, especially given her connections. He may therefore have been hiding her involvement, but if this involvement was as is suggested by the emails - and in one, the private secretary to the Princess says that she cannot be made an honorary president for one particular event - then, while it would amount to her lending her name to her husband's business affairs and so could be construed as wielding or abusing a position of influence, does it amount to corruption?
There are many more emails that are in the judge's possession. Quite what they contain, who can say. There are questions that the Princess should be asked, but the fact that the prosecutors have appealed the subpoena leads one to draw different conclusions, one of which is that they, the prosecutors, may be right. We will find out. Or maybe we won't.
Any comments to andrew@thealcudiaguide.com please.
That it may not be owes a great deal to what you wouldn't therefore know about other affairs in Spain. The indictment of Princess Cristina may be a sensation, the ledgers revealing possible black money may be dynamite, but this is Spain.
Prime Minister Rajoy, one of those listed in the ledgers, would have known about the subpoena when he addressed his party on Wednesday. Sidestepping the issue, he instead insisted that the economy would be growing by next year and that it was untrue that Spain was a country with widespread political corruption. It all rather depends on how one defines widespread, I guess.
Institutional collapse, that of either the monarchy or the government, is not going to happen, but the government and the main PSOE opposition are clearly alarmed at the damage that the Cristina sensation, coming on top of the leaked ledgers, may cause to Spain's image, such as it is, and to stability. Officially, neither the PP nor PSOE comments on judicial matters, leaving these to the judges (or judge in the case of the Princess), but this hasn't stopped unofficial voices of disapproval of Judge Castro's indictment of the Princess. He has done so as a means of self-aggrandisement, it is being suggested.
This is most unlikely. Castro is not Baltasar Garzón. But the judge will, like Garzón, have his enemies and there will be jealousies of him. It was these that helped to bring Garzón down. Any attempt, though, to constrain Castro by accusing him of exceeding his authority (which is what happened to Garzón) would be many more times damaging than either the harm that was caused to Spain's image by Garzón being disqualified or by the subpoena of the Princess.
Though the anti-corruption prosecutors are appealing the subpoena (they do not consider there are sufficient grounds for the Princess to be called), the reasons why Judge Castro has changed his mind - he had also suggested that there were insufficient grounds - are becoming clearer, and they are contained in the emails that Diego Torres has supplied the judge with. At least, one has to assume that the reasons are becoming clearer.
The emails that have appeared in the press do not make a compelling case against the Princess or indeed Urdangarin. They show that she was involved with Nóos and that Urdangarin continued his association with Nóos after both he and the Princess had resigned from Nóos on the King's instructions in 2006. But then, we already knew this. They show that, rather than having had nothing to do with Nóos, as Urdangarin has said, the Princess was involved in certain capacities, such as her having been lined up to be "sporting advisor" for a project to do with the Americas Cup (contained in an email of October 2007), but being involved in activities is not the same as having been a knowing participant in diverting public funds for personal gain. And this is the whole point of the case.
Urdangarin, and who can frankly blame him, has sought to keep his wife out of the whole affair, a wife who is a member of the Royal Family. You wouldn't have expected him to have done anything else, especially given her connections. He may therefore have been hiding her involvement, but if this involvement was as is suggested by the emails - and in one, the private secretary to the Princess says that she cannot be made an honorary president for one particular event - then, while it would amount to her lending her name to her husband's business affairs and so could be construed as wielding or abusing a position of influence, does it amount to corruption?
There are many more emails that are in the judge's possession. Quite what they contain, who can say. There are questions that the Princess should be asked, but the fact that the prosecutors have appealed the subpoena leads one to draw different conclusions, one of which is that they, the prosecutors, may be right. We will find out. Or maybe we won't.
Any comments to andrew@thealcudiaguide.com please.
Tuesday, February 19, 2013
The Urdangarin Case
This coming Saturday, the streets around the courts in Palma will, as they were this time last year, once more be thronged with members of the world's media. The son-in-law of King Juan Carlos, Iñaki Urdangarin, aka (and still for the time being) the Duke of Palma, will be the star turn. He has been required, for a second time, to declare in front of the investigating judge, José Castro, on matters related to alleged diversion of public funds that were, again allegedly, channelled to offshore tax havens via an organisation that the Duke had established, the Instituto Nóos.
Majorca has not been without its fair share of court-appearance spectaculars in recent years. Mostly, these have involved politicians facing corruption and fraud allegations. The Urdangarin case is quite different, as the cast list of those either directly or indirectly implicated makes it different. In addition to Urdangarin, this cast includes his former business partner, Diego Torres, Urdangarin's wife, Princess Cristina, and even the King himself. This is not, therefore, any old corruption investigation, it is one that threatens to go to the very heart of arguably the most important institution in Spain, one that holds a potentially increasingly volatile nation together, the monarchy.
The Urdangarin case arose from a corruption investigation into a politician, the former president of the Balearics, Jaume Matas. Though it first drew Judge Castro's attention in June 2010, public awareness of the case only truly emerged in November 2011 and focused initially on invoices raised by the Instituto Nóos that were sent to the Fundación Illesport, a body linked to the tourism ministry in the Balearics. Nóos was an organisation that Urdangarin and Torres had created with the principal aim of it being a vehicle for advising on and organising sports-related events. The invoices referred to the staging of forums and were raised between 2005 and 2007. They amounted to 2.3 million euros.
What alerted prosecutors and Judge Castro were the amounts and the fact that there had apparently been no open tender for the work. They also related to the period when Matas was president; the final invoice was raised just before the elections in 2007 that Matas lost.
Since these invoices became public knowledge, the case has moved on significantly. Other events that Nóos was involved with have been brought into the investigation, such as the Valencia Summit in 2004, an annual sporting debate. For organising this, Nóos was originally anticipating receiving three million euros. There has also been the revelation that the King ordered Urdangarin to give up his position with Nóos in 2006, but another organisation, the Fundación Deporte, Cultura e Integración, was subsequently formed by Urdangarin and Torres. This foundation, so prosecutors have alleged, was another means of siphoning funds to tax havens such as Belize.
When Urdangarin declared last February, he maintained that his former partner, Diego Torres, had robbed him. He also stated that his wife, Princess Cristina, had nothing do with either Nóos or a real-estate company, Aizoon. She was a director but was not engaged in its running as such. Aizoon has also been investigated for possible diversion of funds.
At the end of Urdangarin's declaration last year, the prosecutors ruled out indicting the Princess, believing that she knew nothing of her husband's affairs. The prosecutors are still saying there are not grounds for her to be indicted, but the possibility remains that she might be. If so, the affair would move ever closer to the King.
Prior to the latest declaration by Urdangarin and also that of Diego Torres, which is currently being heard, Judge Castro made what might seem an extraordinary statement. Referring to the 500 pages of evidence that have been amassed, the judge said that Nóos had been an organised plot of premeditated criminality. Against this background and of the various revelations that have emerged since last February, Urdangarin is now due back in court.
Urdangarin's re-appearance before Judge Castro was never going to be easy, but it has become even harder as a consequence of what Torres has been saying and revealing in court. As part of his defence, he has released hundreds of emails which suggest that the royal household was more aware of his and Urdangarin's activities than had been previously understood.
The royal family's personal attorney, José Manuel Romero, is one of those implicated in these emails. He has denied involvement in or offering legal advice to the Fundación Deporte, Cultura e Integración, the foundation that succeeded Nóos. Another attorney, that of both Princess Cristina and Princess Elena, has already been indicted over work that was allegedly undertaken for Nóos.
Other information that has emerged from the Torres emails is the fact that the King knew of an association between Urdangarin and Corinna Sayn-Wittgenstein, a German socialite and businesswoman and personal friend of the King's. Urdangarin, according to the emails, was to become associated with another foundation with sporting interests, Laureus, and Corinna had assisted in his gaining a position with a remuneration of 250,000 euros. More than this, the Torres emails point to the fact that Corinna was involved in the Valencia Summit in 2004.
Torres has repeatedly said that he has not been able to understand why his wife, Ana Maria Tejeiro, has been implicated in the Nóos affair and Princess Cristina has not been. His strategy of releasing email information to Judge Castro is designed, at least in part, to show that the Princess was more knowledgeable of her husband's affairs than Urdangarin has suggested and that the royal household was aware of this. He has also alleged that he has been offered money in order that he should remain silent. But Torres is not going to be silent. There is more to come, and it could be even more damaging for the Princess and for the royal family. And for Urdangarin. His court appearance is only a few days away, but what more might be revealed in the meantime?
Any comments to andrew@thealcudiaguide.com please.
Majorca has not been without its fair share of court-appearance spectaculars in recent years. Mostly, these have involved politicians facing corruption and fraud allegations. The Urdangarin case is quite different, as the cast list of those either directly or indirectly implicated makes it different. In addition to Urdangarin, this cast includes his former business partner, Diego Torres, Urdangarin's wife, Princess Cristina, and even the King himself. This is not, therefore, any old corruption investigation, it is one that threatens to go to the very heart of arguably the most important institution in Spain, one that holds a potentially increasingly volatile nation together, the monarchy.
The Urdangarin case arose from a corruption investigation into a politician, the former president of the Balearics, Jaume Matas. Though it first drew Judge Castro's attention in June 2010, public awareness of the case only truly emerged in November 2011 and focused initially on invoices raised by the Instituto Nóos that were sent to the Fundación Illesport, a body linked to the tourism ministry in the Balearics. Nóos was an organisation that Urdangarin and Torres had created with the principal aim of it being a vehicle for advising on and organising sports-related events. The invoices referred to the staging of forums and were raised between 2005 and 2007. They amounted to 2.3 million euros.
What alerted prosecutors and Judge Castro were the amounts and the fact that there had apparently been no open tender for the work. They also related to the period when Matas was president; the final invoice was raised just before the elections in 2007 that Matas lost.
Since these invoices became public knowledge, the case has moved on significantly. Other events that Nóos was involved with have been brought into the investigation, such as the Valencia Summit in 2004, an annual sporting debate. For organising this, Nóos was originally anticipating receiving three million euros. There has also been the revelation that the King ordered Urdangarin to give up his position with Nóos in 2006, but another organisation, the Fundación Deporte, Cultura e Integración, was subsequently formed by Urdangarin and Torres. This foundation, so prosecutors have alleged, was another means of siphoning funds to tax havens such as Belize.
When Urdangarin declared last February, he maintained that his former partner, Diego Torres, had robbed him. He also stated that his wife, Princess Cristina, had nothing do with either Nóos or a real-estate company, Aizoon. She was a director but was not engaged in its running as such. Aizoon has also been investigated for possible diversion of funds.
At the end of Urdangarin's declaration last year, the prosecutors ruled out indicting the Princess, believing that she knew nothing of her husband's affairs. The prosecutors are still saying there are not grounds for her to be indicted, but the possibility remains that she might be. If so, the affair would move ever closer to the King.
Prior to the latest declaration by Urdangarin and also that of Diego Torres, which is currently being heard, Judge Castro made what might seem an extraordinary statement. Referring to the 500 pages of evidence that have been amassed, the judge said that Nóos had been an organised plot of premeditated criminality. Against this background and of the various revelations that have emerged since last February, Urdangarin is now due back in court.
Urdangarin's re-appearance before Judge Castro was never going to be easy, but it has become even harder as a consequence of what Torres has been saying and revealing in court. As part of his defence, he has released hundreds of emails which suggest that the royal household was more aware of his and Urdangarin's activities than had been previously understood.
The royal family's personal attorney, José Manuel Romero, is one of those implicated in these emails. He has denied involvement in or offering legal advice to the Fundación Deporte, Cultura e Integración, the foundation that succeeded Nóos. Another attorney, that of both Princess Cristina and Princess Elena, has already been indicted over work that was allegedly undertaken for Nóos.
Other information that has emerged from the Torres emails is the fact that the King knew of an association between Urdangarin and Corinna Sayn-Wittgenstein, a German socialite and businesswoman and personal friend of the King's. Urdangarin, according to the emails, was to become associated with another foundation with sporting interests, Laureus, and Corinna had assisted in his gaining a position with a remuneration of 250,000 euros. More than this, the Torres emails point to the fact that Corinna was involved in the Valencia Summit in 2004.
Torres has repeatedly said that he has not been able to understand why his wife, Ana Maria Tejeiro, has been implicated in the Nóos affair and Princess Cristina has not been. His strategy of releasing email information to Judge Castro is designed, at least in part, to show that the Princess was more knowledgeable of her husband's affairs than Urdangarin has suggested and that the royal household was aware of this. He has also alleged that he has been offered money in order that he should remain silent. But Torres is not going to be silent. There is more to come, and it could be even more damaging for the Princess and for the royal family. And for Urdangarin. His court appearance is only a few days away, but what more might be revealed in the meantime?
Any comments to andrew@thealcudiaguide.com please.
Tuesday, March 06, 2012
MALLORCA TODAY - Princess Cristina will not be indicted
Judge Castro, the presiding judge in the case of the Duke of Palma, has rejected calls for the Duke's wife, Princess Cristina, to be indicted and therefore be required to declare in court. The judge believes that the Princess knew nothing of her husband's activities. The indictment of the Princess had been pressed for by the right-wing union Manos Limpias.
See more: El Mundo
See more: El Mundo
Thursday, February 23, 2012
On Trial: The Spanish judiciary
Justice, administered and delivered by judges and magistrates in Spain, is administered and delivered in the name of the King. The King, in addressing a legal profession gathering in Barcelona, has reminded judges that it is they alone who impart justice. On Saturday, the King's son-in-law appears in a Palma court. The judge presiding over the "caso Nóos" is consulting with not just the prosecution but also the government and the Partido Popular as to whether they wish the King's daughter, Princess Cristina, to be indicted as part of this case.
Make of this little mix what you will, as there is an awful lot that can be made of it.
Under the Spanish Constitution, the judiciary is independent, and so of course it should be. But the extent to which it truly is independent or neutral is coming under increasing scrutiny. The Garzón affair has raised serious doubts, and the royal family having become embroiled in the wider investigation and trial of the former president of the Balearics, Jaume Matas, raises more doubts.
Let's be clear. If, and one stresses if, there is a case for the King's daughter to answer, then so be it. The royal household, from the outset of the investigation of the Duke of Palma, has made it clear that it respects the actions of the judiciary, but justice being administered and delivered in the name of King when it might involve the King's daughter, as opposed to a commoner (which the Duke is), highlights just how much of a dilemma has been created by the investigation.
For Judge Castro, the dilemma is enormous. By consulting with the government and a political party, he runs the risk of being seen to be subject to political influence. Should it not be his decision and his decision alone? Possibly. But by counselling the wishes of the political class, or a part of it, he is placing the dilemma in the hands of this political class.
In some respects, one could say he is playing a blinder, as he is handing responsibility elsewhere. But however the political class decides to play things, it will be criticised. Firstly, it will be criticised for getting involved at all. Secondly, if it says it does not wish the Princess to be indicted, it risks being accused of applying one rule for one and one rule for another (assuming, that is, there genuinely is a case to answer, and most noises have suggested not, as with the evidence of former Olympic sailing gold medallist, "Pepote" Ballester). Thirdly, if it says it does wish the Princess to be indicted, then it potentially opens up a massive can of worms.
The reason why this can of worms might be opened up is that a trap has been laid by the right-wing union Manos Limpias. In calling for the Princess to be indicted, if the government and the PP were to follow its demand, the union would, in effect, receive official backing. For the government to be perceived as acceding to the wishes of a union with the type of associations it has, i.e. Francoist, could be hugely damaging.
The government will be damned if it does and damned if it doesn't, and a further problem is that the Spanish people, generally speaking, are indifferent to many members of the royal family, with the definite exception of the King, who is held in such enormous regard, and rightly so.
The whole affair surrounding the Duke couldn't have come at a worse time for the Spanish judiciary. The world is having its say about a Spanish system that has tried, convicted and removed from office a leading judge at the behest of right-wing forces. Daniel Kaufmann, senior fellow at The Brookings Institution, has suggested that a travesty has been committed in respect of Judge Garzón, that judicial independence has been compromised, and, moreover, has presented evidence which indicates a decline in Spain's rule of law.
However much the Spanish judiciary is theoretically independent, there is a suspicion of politicisation and partiality. And it is caused not just by politics but also by professional rivalries within the judiciary (the Garzón affair is said to have been influenced by these). Garzón himself is not above charges of politicisation, and it is such charges, for the wider judiciary, which suggests that there needs to be some reform.
At the heart of all this, and a reason why it is all so important, is that the judiciary is a vital instrument of democracy. And in Spain, so is the monarchy. Both institutions, the legal system and the monarchy, are being placed or potentially being placed on trial.
Any comments to andrew@thealcudiaguide.com please.
Make of this little mix what you will, as there is an awful lot that can be made of it.
Under the Spanish Constitution, the judiciary is independent, and so of course it should be. But the extent to which it truly is independent or neutral is coming under increasing scrutiny. The Garzón affair has raised serious doubts, and the royal family having become embroiled in the wider investigation and trial of the former president of the Balearics, Jaume Matas, raises more doubts.
Let's be clear. If, and one stresses if, there is a case for the King's daughter to answer, then so be it. The royal household, from the outset of the investigation of the Duke of Palma, has made it clear that it respects the actions of the judiciary, but justice being administered and delivered in the name of King when it might involve the King's daughter, as opposed to a commoner (which the Duke is), highlights just how much of a dilemma has been created by the investigation.
For Judge Castro, the dilemma is enormous. By consulting with the government and a political party, he runs the risk of being seen to be subject to political influence. Should it not be his decision and his decision alone? Possibly. But by counselling the wishes of the political class, or a part of it, he is placing the dilemma in the hands of this political class.
In some respects, one could say he is playing a blinder, as he is handing responsibility elsewhere. But however the political class decides to play things, it will be criticised. Firstly, it will be criticised for getting involved at all. Secondly, if it says it does not wish the Princess to be indicted, it risks being accused of applying one rule for one and one rule for another (assuming, that is, there genuinely is a case to answer, and most noises have suggested not, as with the evidence of former Olympic sailing gold medallist, "Pepote" Ballester). Thirdly, if it says it does wish the Princess to be indicted, then it potentially opens up a massive can of worms.
The reason why this can of worms might be opened up is that a trap has been laid by the right-wing union Manos Limpias. In calling for the Princess to be indicted, if the government and the PP were to follow its demand, the union would, in effect, receive official backing. For the government to be perceived as acceding to the wishes of a union with the type of associations it has, i.e. Francoist, could be hugely damaging.
The government will be damned if it does and damned if it doesn't, and a further problem is that the Spanish people, generally speaking, are indifferent to many members of the royal family, with the definite exception of the King, who is held in such enormous regard, and rightly so.
The whole affair surrounding the Duke couldn't have come at a worse time for the Spanish judiciary. The world is having its say about a Spanish system that has tried, convicted and removed from office a leading judge at the behest of right-wing forces. Daniel Kaufmann, senior fellow at The Brookings Institution, has suggested that a travesty has been committed in respect of Judge Garzón, that judicial independence has been compromised, and, moreover, has presented evidence which indicates a decline in Spain's rule of law.
However much the Spanish judiciary is theoretically independent, there is a suspicion of politicisation and partiality. And it is caused not just by politics but also by professional rivalries within the judiciary (the Garzón affair is said to have been influenced by these). Garzón himself is not above charges of politicisation, and it is such charges, for the wider judiciary, which suggests that there needs to be some reform.
At the heart of all this, and a reason why it is all so important, is that the judiciary is a vital instrument of democracy. And in Spain, so is the monarchy. Both institutions, the legal system and the monarchy, are being placed or potentially being placed on trial.
Any comments to andrew@thealcudiaguide.com please.
Wednesday, February 22, 2012
MALLORCA TODAY - Judge consults on Princess Cristina subpoena
The judge heading the "caso Palma Arena" trial is to consult with the government over whether it supports the subpoena and indictment of Princess Cristina, daughter of King Juan Carlos, in relation to that part of the trial that deals with the affairs of her husband's company, the Instituto Nóos. The Duke of Palma is due to appear in court on Saturday, when press from many countries are expected to come to Palma. There is a public clamour for the Duke to arrive at the court on foot, as is usually the case, rather than be brought in by car to the back of the court.
Wednesday, February 15, 2012
MALLORCA TODAY - Call for Princess Cristina to be subpoenaed
Manos Limpias, the union that has been closely involved with the case against Judge Baltasar Garzón for overstepping his authority in seeking to investigate crimes against humanity during the Franco era and which had previously sought to include evidence from Valencia in the case against the Duke of Palma (Iñaki Urdangarin) currently being heard in Palma, has now called on the judge in the "caso Palma Arena" to subpoena the Duke's wife Princess Cristina, daughter of King Juan Carlos.
Saturday, January 14, 2012
MALLORCA TODAY - Matas Trial: Day Four
Evidence from the head of communication in the Antich PSOE government that succeeded that of Jaume Matas suggested yesterday that payments which had been made to the journalist Antonio Alemany for articles were ten times greater than would have been expected. In addition, she and the head of communication in the Matas administration indicated that work appeared not to have been done in return for payments.
In another aspect of the caso Palma Arena that now incorporates the activities of the Instituto Nóos, of which the Duke of Palma was once a director, evidence has been submitted that increasingly looks as though the Duke's wife, Princess Cristina, is becoming implicated. Payments were regularly made to the Duke and the Princess between 2006 and 2008 with invoices raised by the property company that they jointly owned.
In another aspect of the caso Palma Arena that now incorporates the activities of the Instituto Nóos, of which the Duke of Palma was once a director, evidence has been submitted that increasingly looks as though the Duke's wife, Princess Cristina, is becoming implicated. Payments were regularly made to the Duke and the Princess between 2006 and 2008 with invoices raised by the property company that they jointly owned.
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