Ábalos Faces Supreme Court Trial Over Mask Scandal

Former Transport Minister José Luis Ábalos, former secretary of state Koldo García, and businessman Víctor de Aldama are awaiting trial at the Tribunal Supremo. The defendants face charges related to the alleged receipt of commissions during the purchase of medical masks at the height of the COVID-19 pandemic.

The case was advanced by Judge Leopoldo Puente, who issued an order to open oral proceedings. However, the legal defense for the former minister has challenged this ruling. They have petitioned the Penal Chamber to overturn the decision and transfer the case to a popular jury instead of the high court.

While the specific magistrates who will form the tribunal have not been officially appointed, judicial sources suggest a specific lineup. The court is expected to consist of seven magistrates, including the five judges who initially opened the case in November 2024, joined by the most senior magistrate who has not yet intervened and the newest member of the chamber.

The Tribunal Supremo is preparing to host a high-profile political trial involving the alleged corruption surrounding the purchase of protective equipment during the health crisis. The central figures in this legal battle are José Luis Ábalos, the former head of the Ministry of Transport, Mobility and Urban Agenda; Koldo García, his former aide; and businessman Víctor de Aldama.

According to the judicial proceedings, the three individuals are accused of orchestrating a system of kickbacks. The allegations center on the supposed collection of commissions linked to the acquisition of masks. This scandal, often referred to in the media as the 'Koldo case,' has been under intense scrutiny since its inception.

The investigation culminated in a decision by Judge Leopoldo Puente to move the case to the oral trial phase. This step signifies that the court believes there is sufficient evidence to proceed to a full hearing where the facts will be presented and adjudicated.

A significant procedural dispute has arisen regarding where and how the trial will take place. The legal team representing José Luis Ábalos has formally requested that the Penal Chamber revoke the order opening the oral trial issued by Judge Puente.

The defense's primary argument is that the case should not be judged by the Supremo (Supreme Court). Instead, they are advocating for the case to be decided by a jurado popular (popular jury). This request introduces a critical variable into the timeline and format of the proceedings.

Currently, the Penal Chamber has not yet issued a definitive ruling on the composition of the tribunal or the validity of the defense's petition. Sources close to the court indicate that the request is being studied, suggesting that the final structure of the judicial panel remains in flux pending this decision.

While the final decision is pending, judicial sources have outlined the likely composition of the court should the trial proceed at the Supreme Court as originally planned. The tribunal would be formed by seven magistrates.

The panel is expected to include the five judges who authorized the opening of the case in November 2024. These judges are identified as:

• Arrieta
• Palomo
• Marchena
• Ferrer
• De Porres

To complete the seven-member panel, two additional magistrates are slated to join. This includes the most senior magistrate from the Penal Chamber who has not previously participated in this specific case, identified as Julián Sánchez Melgar (former Attorney General of the State), and the most junior member, Javier Hernández. However, this lineup is provisional and subject to the Chamber's final ruling on the defense's motion regarding the popular jury.

The legal proceedings are expected to unfold over the next few months. The Supremo is currently balancing the defense's procedural challenge with the need to move the case forward. The request to switch to a popular jury adds a layer of complexity that could delay the start of the actual trial.

If the Penal Chamber rejects the defense's motion, the trial will proceed before the panel of seven magistrates. If the motion is accepted, the case would be reassigned, potentially altering the legal strategy for both the prosecution and the defense.

For now, the focus remains on the Penal Chamber's deliberation. The decision will determine the venue and the judges responsible for adjudicating one of the most significant corruption cases to emerge from the COVID-19 pandemic era in Spain.