Although the magistrate considers that the notification of the opening of the expulsion file that the PSOE made through the email provided by Mena in its affiliation form is “valid”, “there is a formal defect” when the period of business days that the party concedes to present allegations. The judge explains that the political formation did not prove that the councilor opened the electronic message the day it was sent to him (October 7, 2020) and accepts the date declared by Mena (14), because the PSOE Regulation does not regulate this situation. But the PSOE issued the statement of charges on October 15 and sent the communication to the affected party on the 17th. That is, “within the period of five days that the actor (Mena) had” to argue.
The mayor of Arona presented allegations in 15 days. In them he argued the delay in opening the email (he uses it sporadically) and exposed the breach of the deadline by the PSOE. The magistrate is clear in the sentence issued yesterday: “It was ignored and the processing of the procedure continued, without complying with the provisions of the applicable regulations.”
The judge determines that “there is a formal defect in the processing” that “affected” the right to defense by Mena, “which means that he has been rendered defenseless by preventing him from using the defense procedure provided for in article 462.2 »of the Regulation.
A failed file
Once the question of form has been elucidated, the magistrate addresses the merits. The PSOE holds José Julián Mena responsible for the dismissal of the Urban Planning councilor, Luis García, due to loss of confidence, and for the fact that, as a result of that fact, “the division” of the municipal government has been caused. “They also make him responsible for undermining the image of the party, for indiscipline by not renouncing his act as councilor and for the ungovernability of the group.”
The judge assures in the sentence that all the witnesses who appeared in the courtroom last Tuesday “testified consistently and without fissures.” This has “illustrative effects”, they show “an important division of the party that seems attributable to José Julián” and with this “some of the facts attributed to him can be demonstrated.” However, he endorses the words of the dean prosecutor of the judicial district, Joaquín García Rodríguez, and reflects in the sentence that “what is not in the file does not exist.”
At the trial, Jorge Cabrera (Regional Secretary for Organization), Josefa Mesa (Island Secretary for Organization), Dácil Reverón and Juan Sebastián Roque, Socialist councilors, gave testimony. The judge points out that in the file “no statement was taken from any of these councilors” and clarifies that “the proper thing would have been to take a statement from all” those of the same political formation. «The only documentary evidence in the file is news from the media. Such news can not be the only evidence to file a person, especially when it is not known what the source of the same, “determines his honor.
He also reproaches the PSOE for not keeping minutes of the meetings held “to promote the reunification” of the government and in which they gave instructions to Mena “to effectively lead his political group.” The judge clarifies that “the proper thing would have been to incorporate such acts into the file or, at least, the most relevant” to prove the indiscipline of the authority and the ungovernability of the party.
A broken government
The conflict between the PSOE and José Julián Mena is exposed after the dismissal of Luis García (also expelled from the party) as Town Planning councilor (June 22, 2020) due to loss of confidence. It occurred after the mayor exposed to the municipal government some recordings that sought to demonstrate alleged external interference in the management of the area and transferred them to the Prosecutor’s Office (complaint filed). The ignorance of Mena and the cessation of García divided in half the absolute majority of the municipal government and the mediation of the insular, regional and national organs of the PSOE, which maintains the socialist group in Arona with a manager since August 2020.
