Judge Joaquín Gadea has agreed to the precautionary suspension of activities of the Association against Corruption and in Defense of Public Action (ACODAP), of which former judge Fernando Presencia is president, whom he summons to testify for new crimes of money laundering and lifting of assets.
In his resolution, the reinforcing magistrate of the National Court, in line with the Prosecutor's report, considers “appropriate, pertinent and proportionate the measure of precautionary suspension of the activities of ACODAP, through whose website Presencia disseminates serious accusations against members of the Government, prosecutors and magistrates.
He bases it on “sufficient and rational” evidence of being in the presence of an illegal association, “constituted for the sole purpose of committing a crime, and used as a mere instrument for the profit of the members of the criminal organization led by Mr.. Presencia, who, as has been verified in this procedure, has made the criminal machinery of ACODAP his only modus vivendi “.
For Gadea, the suspension of the entity's activities is “essential” in order to protect the high institutions that, daily, he says, are discredited with the mendacious complaints disseminated from ACODAP and its related social networks, and especially, in order to to avoid the re-victimization of the injured parties, as well as the perpetuation of the crime of illicit association investigated here.
The magistrate also accepts the request of the Public Prosecutor's Office to attribute new crimes to Presence of money laundering and seizure of assets, for which reason he agrees to take a statement from him as an investigated.
This is the second time that the judge has expanded the crimes for which Presencia is being investigated, since last December he added those of criminal organization, illicit association and aggravated fraud, to those of insults and slander against high State institutions for those who initially opened this case.
The first time he was called to testify, Gadea agreed to submit the former judge to a forensic examination to determine if he suffered from any type of psychological or psychiatric pathology, to which he declined -since it was not mandatory- and later, in his appearance, he accepted your right not to declare.
Gadea agreed a few months ago, among many other measures, the preventive seizure of the 188,722 euros collected by the association chaired by the person investigated, considering that it is “an instrument at the service of a group of people to obtain resources with which to make a profit, pretending that with it they were fighting corruption”. The judge maintains that these funds supposedly collected for the fight against corruption were actually used for private purposes.
Presencia has two sentences of disqualification for judicial prevarication and another to two years and 10 months in prison for false accusation and slander against the senior prosecutor of Talavera de la Reina (Toledo), Ángel Demetrio de la Cruz Andrade.