Zaplana Appeals Supreme Court Conviction in 'Erial Case' ITV Scandal

Former President of the Valencian Government, Eduardo Zaplana has appealed to the Supreme Court against the Valencia Court's sentence of 10 years and five months in prison for receiving commissions for the awarding of ITV stations in the Valencian Community, known as the 'Erial case'. The defence of the Consell's head cites "deception", fabricated evidence, ambiguous clues, contradictions, and defencelessness compared to the accused who made deals with the Prosecutor's Office.

The Valencia Court found Zaplana guilty of the crimes of embezzlement, bribery, document forgery, and money laundering, alongside the prison sentence. In addition to the prison terms, fines exceeding 25 million euros were imposed.

The former President of the Generalitat seeks acquittal because the case originates from a "deception": the acquisition of documents known as the 'roadmap' from the Syrian witness that were seized in the office of the lawyer of the so-called 'money junkie', the former manager of Imelsa, Marcos Benavent, in the context of another judicial proceeding.

"It is impossible to deny that the so-called 'roadmap' not only served to justify the initiation of the present investigation but also served as a binding agent to attempt to consolidate the various police statements and deductions upon which, from the start of the case, a merely apparent and formal truth was articulated, lacking not only the slightest evidential support but even the slightest logic," it is stated.

The discovery of these papers, the appeal notes, occurred during the entry and search of the lawyer's office without a judicial resolution to support it. Furthermore, once the documents were obtained, UCO agents "conducted a parallel and prospective investigation for almost five months without the slightest judicial control, during which they accessed notarial protocols," it is claimed. The lawyer thus considers this evidence null and void. In this regard, the Court indicated in the sentence that the documents had the value of an anonymous complaint but no relevance in the ruling.

Regarding the alleged rigging of the ITV awards, the lawyer argues in the appeal that the documents in the file contradict several statements made in the sentence, particularly concerning the role of the Contracting Board, the value given to objective criteria, and the supposed completion of several complex procedures in a single day.

In this regard, it is noted that these are two resolutions not issued by Zaplana but by other individuals who declared not to have received any pressure, suggestion, or indication from Zaplana to influence the awards. Furthermore, it is stated that the procedure was not completed in one day; that the Board assigned the evaluation points and that all board members declared not to have received any instruction or directive.

And, in this line, it is denied that there is a gift to Zaplana as a casual connection with the ITV awards. Overall, on this matter, it is highlighted: "The awarding was unrelated to Eduardo Zaplana's functions as President of the Valencian Community, it was not within his competencies, nor did he interfere, pressure, or give any instruction to the authorities or officials who did have those competencies and functions."

Zaplana's lawyer states in the appeal that in the absence of evidence, the conviction relies on "statements secretly arranged" by the Prosecutor's Office with other defendants "so that they incriminate Zaplana in exchange for acquittal or reduced sentence". In this regard, he cites Uruguayan businessman Fernando Belhot, who testified against Zaplana and claimed to have managed the former president's illicit funds abroad.

On the other hand, it is indicated that other defendants in the proceedings, such as Joaquín Barceló, Juan Francisco García, and their spouses, received "privileged treatment" in exchange for testifying against Zaplana in the trial. This has caused "defencelessness" to the former minister, as stated.

Moreover, the appeal emphasizes that the Court's sentence acquits former President of the Generalitat and ex-councillor José Luis Olivas and Zaplana himself of actions related to the Wind Plan with arguments that "are identically applicable to the awarding of the ITV".

Overall, they regret that the Court's sentence condemns Zaplana for resolutions issued by others - the embezzlement; for an alleged offer of a gift made after the awarding; and (money laundering) for operations "that have the origin of the money accredited".