Posted: Thursday July 08, 2021 12:57 PM
The judge in the Tandem case issued the summons as investigated by Repsol SA and Caixbank SA as legal persons for corruption and disclosure of secrets for their alleged participation in the hiring of former commissioner José Manuel Villarejo for conduct an investigation into the president of Sacyr Luis del Rivero and his surroundings.
The judge asks Repsol and Caixabank to appoint a representative, as well as a lawyer and a notary to proceed to the appearance during which the representatives of the two companies will be informed of the facts which are imputed to them.
Once this appearance is over, the judge of the Higher National Court, Manuel García Castellón, summons the representative appointed by Repsol, SA and Caixabank SA to make a statement on July 26, 2021 at 10 a.m.
In a car, García Castellón indicates that at this time of the investigation carried out in the context of separate exhibit number 21, it is incidentally proven that the two companies, through their security agents, carried out an order direct in Villarejo, while he was on duty in the National Police to investigate Luis del Rivero and his environment.
This investigation, adds the magistrate in his brief, would have been used to defeat the pact that Luis del Rivero, through Sacyr, had concluded with the Mexican company Pemex to take control of Repsol SA, a company in which Caixabank SA was a reference shareholder.
Likewise, the judge considers incidentally proven that the two companies, acting jointly, accessed the traffic of telephone calls made by Luis del Rivero and his entourage.
The magistrate explains in his letter that to indict a legal person, in accordance with article 31 bis.1 of the Penal Code, the crime must be committed for the direct or indirect benefit of the entity.
In the specific case, the ordinance indicates that the invoices issued by Villarejo in connection with the execution of the investigative work ordered were paid by Caixabank and Repsol, “showing that the actions of the investigation were carried out to all moment in the name and for the own account of the company “.
The judge appreciates the doubts about the diligence used by the two entities in hiring the services of Villarejo and for this he highlights two extremes: the legality of the contracted service and the status of public official of José Manuel Villarejo.
Both Caixabank and Repsol sent documents at the time in which both alluded to the legality of hiring the Cenyt company, justifying it on the grounds that they were private security services.
The judge assesses a serious breach of due diligence to verify that Cenyt has never been authorized to exercise private security activities because this is a verification that can be carried out through the Central Unit of private security of the National Police.
For the magistrate, it is particularly striking that this verification was not carried out when the two security chiefs of Repsol and Caixabank who hired Villarejo had been head of the central private security unit of the national police (in the case of the security chief of Repsol) and senior police chief of Galicia and Catalonia in the case of the security officer of Caixabank.
She adds that both, although they were not active, must have known the ranks of the members of the national police to know that José Manuel Villarejo was working as an active police officer when the two companies investigated called on his services.
García Castellón concludes that the lack of due diligence of these two companies, with an impact on the criminal outcome of the investigation requires, “less the responsible entities explain to the court why this situation could have occurred”.