The Valencia Provincial Court has reaffirmed its support for the investigating magistrate handling the Dana flood case, rejecting appeals that sought to have government officials declared as formal suspects. In a series of rulings, the court's second section upheld the judge's decision to maintain Pilar Bernabé, the government delegate in the Valencian Community, and Miguel Polo, president of the Júcar Hydrographic Confederation, as witnesses rather than investigated parties. The court also maintained Hazte Oír as a popular accusation in the proceedings, reversing the magistrate's earlier exclusion of the organization.
The court dismissed appeals filed by the Dana Horta Sud Association of Victims, which had challenged the judge's March 2025 ruling that denied the declaration as defendants of several emergency management officials. The six magistrates unanimously confirmed that Alberto Javier Martín Moratilla, former director general of Emergencies; Jorge Suárez Torres, subdirector; Inmaculada Piles, head of service; and Miguel Polo should remain as witnesses. The court found that with current information, there was no basis to attribute specific omissions that would constitute causal factors in the events under investigation.
Regarding Miguel Polo specifically, the court noted that while concrete actions were attributed to the CHJ president, the appeals failed to identify supporting evidence or documentation. The ruling emphasized that the accusations did not specify how information provided about the Poyo ravine flooding was insufficient or could not have been acted upon quickly. The court maintained that opening criminal proceedings without attributing specific penal consequences to individuals would lead to a prohibited prospective investigation under Spanish law.
The court also addressed Vox's appeal seeking Bernabé's indictment after her testimony last April, reiterating that the Valencian regional government holds primary responsibility for civil protection matters. The ruling noted that the emergency councilor exercises sole command during emergencies and directs civil protection plans, making it difficult to establish the government delegate's position as guaranteeing prevention of the alleged offenses. The court found no new elements from Bernabé's testimony that would alter its previous conclusions supporting the magistrate's decisions.
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