MORE INFORMATIONThe Otp envisages strengthening its accusation against the dome of Bankia, While returns to the bench for the output to Bag of Bankia
Uncertainty. Confusion. Indeterminacy. Inconcreción. Were the words most repeated on Tuesday during the second day of the trial by the ipo of Bankia. The morning session was devoted entirely to the previous questions of the lawyers defending the 34 processed --directors and managers of the entities and Bankia, BFA and the auditor Deloitte as legal persons--. Almost all, in one way or another, spelled out some variation of the question: Who accuses us and for what?
defense attorneys cast doubt on the legitimacy of the 15 allegations of private individuals who are personadas in the cause and ensure that no one has been finalized with clarity of what to accuse your clients. That's why we asked the president of the court, judge Angela Murillo, to decree the invalidity of the indictments and the auto opening of oral proceedings. The court will have to decide on these issues before the start of the test phase of the trial.
The defense more convincing was that of Bankia, which said that some of the accusations individuals have not provided documentation that shows that they represent the shareholders. Put as an example to Adicae and the "1.415 harmed who claims to represent". Stated that, according to his checks, in total, only 205 persons and four legal entities meet the requirements to be personados in the judgment because they have not yet been compensated. Listing provided by Adicae, he said, only 30 people are legitimized. Betkanyon
The lawyer of Bankia, Joaquín Burkhalter, recalled that in 2016, the entity opened a channel to the settlement to return to the affected investment. I bought back the shares with a 1% interest, for what used 1.840 million euros. "The vast majority he was elected and resigned from the civil and criminal actions," he said. The advocate reported that "there are people who have died and continue to personadas" and said that one of the accusations the particular has recognized that "it is unable to locate their constituencies". Bankia has been calculated that to compensate all those who are missing it would only cost two million euros, and are already deposited in the bond of civil liability.
Threat with the costs
Burkhalter took the opportunity to launch an "express warning": which will be asked by the costs of someone who is not properly appearing in the cause. Notice that almost all the lawyers of the defenses included in their interventions. One recalled that, of the 15 allegations particular personadas, have just been presented at the trial five, and that the costs to be shared among the less can be very expensive.
The presence of the charges individuals in this trial is highly relevant, since the Prosecution only accused four of the 34 processed (Rodrigo Rato, the former ceo of Bankia, Francisco Verdú, and the directors José Manuel Fernández Norniella José Luis Olivas) of a crime of fraud to investors. The defence lawyers invoked the so-called doctrine of Booty, according to which you can not judge someone when the Prosecution has not made any accusation, and no affected direct (the ones who represent the charges particular).
That was the situation starting in the first session of the trial, but the new prosecutor in charge of the case, Carmen Thean, announced by surprise that is weighing expanding its prosecution of a second offense, the false accounting, which could be extended to all the defendants.