Prosecutor Cristóbal Melgarejo has responded in writing to the magistrate of Catarroja, following a previous disagreement regarding the former head of the Consell's intention to appear in the case. The judge had rejected this option, and the prosecutor filed an appeal at that time.

The magistrate asked the public prosecutor's office to express its opinion on the agreed investigation proceedings, which, according to the Prosecutor's Office's criteria, could imply an investigation into the former president. However, a court of first instance cannot directly investigate an official with parliamentary immunity, as is the case for the former president due to his status as a deputy in the Corts.

In his response, the prosecutor recalls the arguments of the Provincial Court of Valencia when it agreed to the testimonial declaration of a journalist who had lunch with the former president on the day of the catastrophe. The Court approved all those proceedings that, without directly investigating the conduct of the official, could provide data for the indictment.

Furthermore, the prosecutor emphasizes that he has not appealed any of the previous judicial resolutions that agreed to proceedings related to an indirect inquiry into the former president's involvement in the management of the DANA emergency, concluding that he considered them to be in accordance with the law.