The defense of the former head of Security of Iberdrola Antonio Asenjo has presented a brief in the National Court that urges the judge in the Villarejo case to call the State to the procedure as subsidiary civil liability for the illicit acts committed by the controversial commissioner because the facts that are charged have to do with a prevalation and abuse of his status as a police officer.
The brief, to which ABC had access, reasons that the subsidiary civil liability belongs to the State and other public entities for the damages caused by those criminally responsible “when they are authorities, agents and contractors of the same or public officials in the exercise of their duties. positions or functions, and provided that the injury is a direct consequence of the operation of the public services entrusted to them”, as provided for in the Penal Code.
«The accusatory thesis in this procedure maintains that Mr. Villarejo took advantage of his status as a police official to carry out intrusions into the privacy of third parties. Consequently, the damages caused by these crimes derive directly from the operation of the public security service, when said police officer acts within the functions of his position, even if he were exceeding them, “argues the representation of Asenjo that the lawyer exercises Manuel Olle.
He explains that both “from the classic parameters of fault in vigilando or in electing, as well as from the principle of strict liability or risk creation” it would be up to the State to respond in this case because, after all, the key to the piece separate report on Ibedrola’s orders, like practically all of the rest of the case, has to do with the fact that Villarejo, being a police officer, used his status to access confidential data from third parties he was investigating.
Asenjo is investigated in this separate piece of the case, number 17, almost from the beginning. He is placed as Iberdrola’s interlocutor with Villarejo and the person who would have chosen the commissioner’s companies and would have transferred the different projects to him. There are a total of 17 invoices for 1.1 million euros over a decade. He was summoned this week to appear again before Judge Manuel García Castellón, but according to the legal sources consulted by ABC, the summons has been rendered ineffective.
