The Court of First Instance number 1 of Arona has canceled the expulsion from the PSOE of the mayor, Jose Julian Mena, on understanding that there was a defect of form and substance in the disciplinary file.
In the trial held just a week ago, José Julián Mena stated that he was expelled from the PSOE through a sanctioning file that “it did not meet the formal requirements”, since the notifications were “defective” and, as a result, it had not been able to defend itself.
On the other hand, it indicated that he was being charged with facts related to third parties for whom he should not have responded or that he was being sanctioned for acts that are not mandatory.
The PSOE, however, objected, stating that the file was processed “with total normality and knowledge” by Mena and that, having mechanisms to appeal the resolutions internally, “it never did and they became firm, which means that it accepted the decision issued ”.
According to the sentence, in the sanctioning file there is a formal defect in the processing of the procedure that, although it is not in relation to the means through which the communications are made, email and burofax, the truth is that this way It affected the regulatory deadlines so that Mena could defend himself by presenting means of proof, which means that he has been rendered defenseless by preventing him from using the defense procedure provided for in the PSOE Regulations.
On the other hand, the sentence adds that the only documentary evidence in the mayor’s expulsion file is news from the media, news that “cannot be the only evidence to file a person, especially when it is not known what the source of the same ”.
Although the statements of the witnesses in the trial can demonstrate some of the facts that were attributed to José Julián Mena, as they do not appear in the record, “they cannot be taken into account, since such evidence should have been incorporated at an earlier time to the issuance of the expulsion resolution as the basis for supporting the same ”.
For all this, the expulsion is declared void and the PSOE is ordered to pay the costs. An appeal may be filed against this sentence within a period of twenty days.
