Former minister José Luis Ábalos has asked Spain's Supreme Court to try him by popular jury instead of its magistrates for the masks scandal. His defense claims the main charges of bribery, influence peddling, and embezzlement fall under jury jurisdiction. The court opened oral proceedings against him on December 11.
José Luis Ábalos, former Transport Minister, is pushing for his trial on alleged corruption in mask purchases during the COVID-19 pandemic to be handled by a popular jury. In a filing to Spain's Supreme Court, his lawyer argues that the core charges—bribery, influence peddling, and embezzlement—are under jury jurisdiction, as per the organic law on juries.
The attorney states these main offenses "drag along" others like criminal organization and insider information use, referencing two 2010 Supreme Court rulings. Under them, jury competence extends if such crimes aim to commit primary jury offenses. Here, the criminal organization existed to carry out embezzlement, bribery, and influence peddling, absorbing it into jury proceedings. The insider information charge is so intertwined that splitting it would disrupt the case's unity.
Investigator Leopoldo Puente initiated oral trial on December 11 against Ábalos, his ex-advisor Koldo García, and businessman Víctor de Aldama. The defense seeks to overturn this and initiate jury proceedings.
Ábalos's aforado status routes the case to the Supreme Court, but his lawyer insists aforamiento alters the venue, not the procedure. The law allows juries in aforados courts like the Supreme, specifying application in provincial audiences or the high court. "Aforamiento modifies the ordinary judicial body, but not the procedure," the filing states.
