Top Spanish judge accused of exceeding his powers

THE CONTROVERSIAL Spanish judge Baltasar Garzon could face up to 20 years’ suspension from public employment if found guilty …

THE CONTROVERSIAL Spanish judge Baltasar Garzon could face up to 20 years’ suspension from public employment if found guilty of perverting justice and leaking confidential information to the press.

The opposition Popular Party (PP) yesterday presented papers in court accusing Mr Garzon of perverting justice by exceeding his powers investigating a case when he was no longer eligible to do so.

The case, known as “Caso Gurtel”, involves allegations of bribery and corruption against leading businessmen, some linked to the PP.

Last month Mr Garzon ordered the detention of 37 suspects for questioning, although some have been released on bail. They are accused of receiving kickbacks in exchange for contracts.

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According to leaked information, at least four of those involved are either deputies, senators or MEPs who thus enjoy a parliamentary immunity which prohibits them from investigation by the Audiencia Nacional Court, of which Mr Garzon is a senior investigating magistrate. Parliamentary privilege means that such cases should instead be heard by the Supreme Court.

Hours after the papers against him had been presented to the criminal courts, Mr Garzon answered the accusations by applying to the state anti-corruption judge asking him to rule on his eligibility to conduct the case. The judge has until next Friday to issue his findings.

The papers were presented to the state prosecutor this morning after Mr Garzon had returned to his court for the first time since suffering a suspected heart attack last Friday. It proved to be a false alarm brought on by overwork and stress, and he was released from hospital after 24 hours under observation.

“Caso Gurtel” has already claimed its first head with the resignation on Monday of justice minister Mariano Fernandez Bermejo.

Mr Bermejo had come under continued attack from the PP for unethical behaviour by talking openly to the press and by attending a shoot on a private estate near Jaen where Mr Garzon was a fellow guest at a time when he was investigating the “Caso Gurtel”.

It also emerged that the Minister did not hold a licence to shoot in Andalucia – although he is licenced to shoot in adjoining regions.

Mariano Rajoy, the leader of the opposition, accused Mr Bermejo and Mr Garzon of political bias against them and of leaking information on the case to undermine the PP in this weekend’s regional elections in the Basque country and Asturias.