The Court of First Instance and Investigation Number 2 of Guadix (Granada) has decided to open an oral trial against the mayor of Cogollos de Guadix, Eduardo Martos, from the PP, for the alleged commission of crimes related to mail-in voting procedures and dereliction of duty after investigating events that took place during the municipal elections of May 2023.
The court order to open oral trial, accessed by Europa Press, states in its initial exposition of facts that on election day in Cogollos de Guadix, a municipality with 658 registered inhabitants in 2023 (not all eligible to vote), a total of 92 mail-in votes were recorded at the polling station.
The order continues, stating that this was «a remarkably high number of votes for such a small municipality with very few eligible voters, especially considering the predominantly older population that typically does not vote by mail due to the ease of voting in person.»
An octogenarian resident who received home care assistance was denied the right to vote when she presented herself at the polling station, as she was told that she had already voted by mail.
The home care service provider, a second accused individual, had been directly hired by the Town Hall without undergoing any selection process. She had registered in Cogollos de Guadix with her husband and left the municipality shortly after the elections.
The elderly woman, denying that she had voted by mail, reported the incident on May 31, 2023, expressing suspicions that the individual providing her home care services had obtained her personal information illicitly to request a mail-in vote on her behalf.
Additionally, the Popular Party, which is acting as the people’s accuser, informed the Electoral Board of the Guadix Zone on June 3, 2023, about the situation. The Electoral Board decided to refer the case to the courts for investigation.
On June 27, 2023, a list of «suspicious residences manipulating the municipal registry» was compiled and submitted to the Guadix Courts. These residences were linked to individuals who were not residents but were registered as such, including the parents of the mayor, who also serves as the provincial deputy for Municipal Assistance and Emergencies in Granada during this term, or individuals associated with the Popular Party or the Town Hall.
In this case, which is being processed as an expedited procedure and falls under the jurisdiction of the Provincial Court of Granada, the Public Prosecutor requested the case to be dismissed. However, the mayor faces a potential sentence of six years in prison for the alleged violation and 15 months of disqualification for the presumed dereliction of duty, as per the accusation brought by the Popular Party.
The judge outlined, in general terms, the decision to open oral trial without a private accusation, stating that the absence of such an accusation, whether due to the nature of the crime or lack of representation, allows the people’s accuser to proceed with the trial despite the Public Prosecutor’s request for dismissal.
It is important to note that prior to this decision, the investigating judge must have found sufficient evidence to proceed with the trial after concluding the investigation. In this particular case, where there is no private accusation and potential crimes of electoral fraud or dereliction of duty are considered collective legal matters.