A high-profile trial continues in Madrid over the so-called Kitchen operation, linked to the illegal surveillance of the former treasurer of the People’s Party, Luis Bárcenas. In its 20th session, the court focused for the first time on the controversial SMS messages that, according to the investigation, former Interior Minister Jorge Fernández Díaz sent to his deputy Francisco Martínez at the height of the operation. These messages, notarized, are considered one of the key pieces of evidence connecting the former interior chief to the organization of the surveillance. However, Fernández Díaz himself categorically denies their authenticity.
At the request of the former minister’s defense, the court heard from an expert who prepared a report on the possible falsification of the SMS messages. The report asserts that the messages could have been altered or fabricated, casting doubt on their reliability. The central focus was on exchanges concerning Bárcenas’s former driver, Sergio Ríos, who, according to case materials, was recruited by Commissioner José Manuel Villarejo to provide information about the party’s internal affairs.
During the investigation, there was already a face-to-face interrogation between Fernández Díaz and Martínez, during which both sides exchanged sharp accusations. The former minister insisted that he was not aware of the details of the operation and never contacted Martínez by phone regarding Sergio Ríos. His former deputy, on the contrary, claimed that all the messages were genuine and confirmed the involvement of the Interior Ministry’s leadership in the operation. In response to accusations of forgery, Martínez directly asked: “Are you accusing me of committing a crime?”—which only heightened the tension of the proceedings.
After the expert’s statement, the court proceeds to the analysis of documentary materials. This stage is expected to take several hearings, as it includes video recordings of seven interrogations of the former head of the Central Operational Support Directorate of the Police, Enrique García Castaño (known as El Gordo). He was excused from participating in the proceedings for health reasons after admitting his role and providing documents that enabled the investigation to reach the top leadership of the Interior Ministry.
Defense lawyers are preparing to challenge the testimony of García Castaño, who remains one of the key figures in the case. According to the prosecution, his testimony and documents shed light on the workings of parallel structures within the police. However, the defense insists on the need for a thorough review of all the evidence, especially given the dispute over the authenticity of the SMS messages.
Questions about the admissibility and reliability of evidence in high-profile cases are not new for the Spanish judicial system. For instance, earlier in Catalonia, authorities admitted an error after planting police officers at a teachers’ meeting, which also prompted an internal investigation and discussions about new rules for monitoring such operations. More details about this case can be found in the article on the reaction of Catalan authorities to the scandal involving undercover agents.

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