The Valencia Court reopens the case against Mónica Oltra, which is one step away from the oral trial

The former vice president of the Generalitat, Mónica Oltra, He has not yet finished his judicial journey. The fourth section of the Valencia Court has decided to reopen the case that investigated her, as well as that of 15 more people because it understands that “the existence of a criminal offense cannot be clearly ruled out” and there are “sufficient indications to prosecute those investigated.”

As reported by the Superior Court of Justice of the Valencian Community in a statement, the Court has partially upheld the resources of the private accusation and the two popular accusations.

The Chamber understands that it cannot “clearly discard” the existence of a criminal offense and there is sufficient evidence to prosecute those investigated.

The Court of Instruction number 15 of Valencia agreed last April on the provisional dismissal of the open case against the former vice president of the Consell Mónica Oltra -for which she resigned in 2022- and several of her collaborators for the alleged concealment of the case of abuse committed by her ex-husband.

The head of that court considered that all the evidence that at the time supported the judicial accusations against the people investigated had “completely vanished”, and the Prosecutor’s Office supported the file by not observing signs of criminality in any of those investigated.

As reported by the Superior Court of Justice of the Valencian Community, after examining the instruction “the Chamber considers, disagreeing with the instructor’s criteria, that the commission of a criminal offense cannot be clearly ruled outbeing possible to identify, in relation to certain actions, an indicative sufficiency that justifies the continuation of the procedure,” the magistrates point out.

For the Chamber, these indications justify that, once the procedures deemed necessary are carried out, “the accommodation of the procedure to the procedures of the abbreviated procedure and subsequent opening, where appropriate, of an oral trial.”

According to the appeal order, which was notified this Thursday to the parties, it is possible to maintain as a “plausible hypothesis” the fact that the people under whose guardianship and protection he was “would have tried to hide the sexual abuse.”

To do this, “they would have used a fictitious report, since a statement was issued that there were no indications of sexual abuse.” when the minor was not even asked about the abuse that she was known to have reported to third parties.”the magistrates specify.

In this way, in the opinion of the Court, “both the complaint and the obligation to communicate the fact to the Public Prosecutor’s Office would have been omitted, thus preventing it from exercising the control provided for” in article 209 of the Civil Code.

In these preliminary proceedings, the former vice president of the Valencian Government and technicians and senior officials of the Department of Equality and Inclusive Policies, as well as concerted center workers where the then minor was sheltered when she suffered sexual abuse, between 2016 and 2017.

“It appears indicatively from the investigation that serious events were not reported nor were the minors under guardianship protected by those who had the obligation to do so, placing her on the contrary in a risk situation, since The educator who had committed the abuse was reinstated to his job at the reception center“, states the resolution.

The Court remembers that it was not until three months later, when the girl told what happened to some police officers who were at the center circumstantially for other reasons, when they informed the Prosecutor’s Office, which did see signs of the commission of the abuse. sexual relations and filed the corresponding complaint.

For the Fourth Section, “At this procedural moment, the commission of a criminal offense derived from failure to comply with the duty to report and protect the minor cannot be clearly ruled out. supervised by the Generalitat with the purpose of hiding the existence of sexual abuse that occurred in the reception center”.

Likewise, the Court believes that Nor can the criminal nature of the Department’s decision to open an information file be ruled out, once the matter was already prosecuted, “in order to determine the veracity of the accusations made by the minor,” according to EFE.

This file “seems aimed at determining the lack of credibility of the testimony of the minor, who is made to undergo, in an indicatively illegal manner, through an interview and expert evidence, when the matter was already prosecuted, with the secondary victimization that this supposed and with the indicative purpose of discrediting his testimony or influencing his accusatory mood,” the magistrates affirm.

For all these reasons, the Chamber considers that neither “the commission of a criminal offense can be ruled out at this procedural moment, as a consequence of having issued, in an arbitrary and unjustified manner, a resolution with the purpose of initiating the aforementioned informative file, using public resources, for private purposes.”

According to this order, against which there is no appeal, the oral trial must be “where it is clarified, with the greatest breadth provided by the procedural principles governing evidence at trial, “the questions relating to the specific circumstances in which the events took place and the judgment of typicality that they deserve.”

Likewise, it must be at the hearing, after the evidence has been taken, where it must be determined who ordered the formation of the file and who decided to take a statement from the minor and subject her to a new psychological examination, as well as the circumstances in which this occurred.

Support for Oltra

Although it was not yet final, the announcement of dismissal caused a wave of reactions in favor of what has been everything for Compromís. To the demonstrations of support, the debate was opened on how Mónica Oltra can rejoin this coalition of parties. So far Oltra has not made any statement in this regard, although she did attend the Initiative assembly – the Compromís group to which she belongs – held last May. There she was greeted with applause and honored with a standing ovation.

Oltra’s departure forced a change of balance in Compromís in favor of the largest party, Month (former Valencian Nationalist Bloc). In fact, both the spokesperson for Les Corts, Joan Baldoví, as the person chosen to be number 3 on the list with Sumar in the European elections, Vicent Marzàthey are from the Bloc.

The national deputy, Àgueda Micó, has shown her support for Mónica Oltra and has assured that the only thing in this case is “political persecution” and has accused the judges and magistrates of being “politicized.” Thus, she has asked the President of the Government, Pedro Sánchez, to implement political regeneration measures so that cases of “lawfare” do not continue to occur; on this issue, she has assured, they will support him.