Judge sees evidence pointing to Attorney General as the author of the leak

The magistrate of the Criminal Court, Ángel Luis Hurtado, issued an order on Wednesday in which he rejects the appeals for reform presented by the Attorney General of the State, Álvaro García Ortiz, and the Provincial Prosecutor of Madrid, María Pilar Rodríguez Fernández, against the order of January 13 that agreed to take their statements as suspects for an alleged crime of revealing secrets. In another order, the judge agrees to the provisional dismissal of the proceedings against the deputy prosecutor of the Technical Secretariat of the Attorney General's Office, Diego Villafañe Díez, considering that there are not sufficient grounds to maintain his charge.

Firstly, the judge responds to the appellants' claim that the investigating judge has omitted a series of contraindications that would provide an alternative and reasonable explanation for their accusation, such as the fact that the email of 2 February containing confidential data of the boyfriend of the president of the Community of Madrid, the leak of which is being investigated in the case, was sent to a generic account of the Economic Crimes Prosecutor's Office and was available to an undetermined number of people.

The magistrate points out that "this is irrelevant, since, even if this had happened, the determining factor for directing the proceedings against the appellants is that this Investigating Judge considers that there are sufficient indicative elements to attribute to them the leak, at 11:51 p.m. on March 13, 2024 on the SER, of the information contained in that email of February 2, 2024, which contains such intimate and private personal data."