The defense of the former head of the Consell has challenged the decision of the investigating judge, Nuria Ruiz Tobarra, with the aim of allowing Mazón to be part of the procedure under the figure of 'pre-investigated'. This action comes after the TSJCV ruled out any grounds for formally indicting him.
The appeal filed by the former head of the Consell requests his appearance to exercise his right to defense. Otherwise, he asks for all proceedings carried out to date that may affect him directly to be annulled.
The figure of 'pre-investigated' would only be applicable if there were currently indications against the official.
Judge Ruiz Tobarra had denied Mazón's request last week, arguing that the 'pre-investigated' status would only be relevant if there were indications against him, which had already been dismissed by the High Court of Justice of the Valencian Community. According to the investigating judge, Mazón could only be a party at this procedural stage if he intended to acknowledge a criminal act, a point not asserted in his written request.
Appearing as 'pre-investigated' would grant Mazón similar guarantees to those of an investigated person, without being formally charged. This includes the possibility of testifying with a lawyer, avoiding answering questions from the prosecution, or even lying in self-defense. However, the most significant benefit would be access to the vast amount of documentation in the case, allowing him to prepare his appearance and appeal decisions that affect him.
This legal maneuver could also buy time for the current PP deputy, as the Provincial Court is not typically swift in resolving appeals. This could delay his appearance before the magistrate, who had already agreed to his testimony, but without a set date. If the Court accepts his appearance, the magistrate would have to grant Mazón's defense access to the entire case file, allowing a reasonable time for its analysis.
