The head of the Court of Instruction number 15 of Valencia has issued an order in which rejects five appeals and confirms the prosecution of the former vice president of the Generalitat and former Minister of Inclusive Policies, Monica Oltraand other former senior officials of that department for the alleged cover-up of the sexual abuse to a minor tutored by her ex-husband, a social educator.
This is agreed in an order dated this Thursday, in which it endorses the reasoning of the prosecutor’s office which in its report concluded that since all those now prosecuted had been “investigated for their participation in the two episodes in which the Court maintains the existence of signs of criminality, what the appellants claim appears as a procedurally impossible“. In the opinion of the prosecutor, this fact “would place the instructor in a position of rebellious obstinacy“.
The judge immediately points out that “he cannot but rely on this reasoning” to dismiss the appeals of reform presented by five of the former senior officials against the order of June 21 by which the prosecution of all of them was agreed. In that resolution, the investigating magistrate issued an order transforming the preliminary proceedings into abbreviated procedure “by legal imperative”in application of the order of the Fourth Section of the Valencia Court by virtue of which the case against the former vice president and her former senior officials was reopened.
The young woman who being minor and ward by the Generalitat was victim of sexual abuse by ex-husband and who exercises the private accusation in this case claims three and a half years in prison for Oltra and 12 of disqualification for employment or public office, just as requested Voxwhich acts as a popular accusation.
The prosecution occurred after the Court partially estimated the resources of the victim and the two popular accusations -Vox and the Gobierna-te association- upon understanding that the existence of a criminal offense could not be “clearly” ruled out and that there was sufficient evidence to prosecute those investigated.
At the oral trial
The case, directed against Oltra – who resigned from his positions in June 2022 after his judicial investigation – and fifteen other people It was archived by the Investigating Court in April by not appreciating any crime in their actions or an alleged cover-up of the abuses. The Prosecutor’s Office supported this decision. However, the Court defended, last May, that there is a “plausible” hypothesis that when the news of the abuse reached the Department of Equality, “the people who were aware of the events and under whose protection and guardianship the minor was, would have tried to hide them.”
The court considered that at that procedural moment the commission of a criminal offense derived from the failure to report and protect the minor under the guardianship of the Generalitat in order to conceal the existence of sexual abuse could not be ruled out “in a clear manner.” occurred in the reception center.
According to the Court, it must be in the act of oral trial where they are elucidated the circumstances in which the events took place and the judgment of typicality that they deserve. Likewise, the court noted signs of the possible commission of a crime in the formation of an informative file, once the matter had already been judicialized, in order to determine the veracity of the accusations made by the minor.
