The head of the Investigating Court number 4 of La Laguna, Ana Serrano-Jover, has agreed to the provisional dismissal and the filing of the so-called Reparos case, for which, among other people, the former mayor of La Laguna José Alberto Díaz, who was a councilor, was being investigated between 2015 and 2019.
The Supreme Court archives the Reparos case, the second case for which former President Clavijo was charged
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The magistrate refers in the order released this Monday by the Superior Court of Justice of the Canary Islands to the decision of the Supreme Court to archive the proceedings initiated in this same case against Díaz’s predecessor as mayor of La Laguna, Fernando Clavijo, after appreciate that the facts denounced do not constitute a crime. And she adds that this motivation is transferable to the facts that are the object of the investigation in this procedure and therefore the case is filed.
The Reparos case was denounced by councilor Santiago Pérez, then representing Avante La Laguna, against former mayors Fernando Clavijo and José Alberto Díaz, of the Canary Islands Coalición (CC); former councilors Atteneri Falero, Aymara Calero, Agustín Hernández (CC), Javier Abreu and Mónica Martín (PSOE); and three officials from the Laguna Town Hall.
A month ago, on March 9, the Criminal Chamber of the Supreme Court filed the complaint against Fernando Clavijo after ruling out that he committed any crime by lifting the comptroller’s objections to the extension of municipal contracts between 2011 and 2014 during his time as mayor. from La Laguna.
In the order released this Monday, the magistrate-judge of the Investigating Court number 4 of La Laguna recalls that the procedure was initiated due to the facts that result from the previous actions, and the investigation procedures that appear in the records have been carried out to verify the commission of the criminal offense denounced.
From the proceedings, the perpetration of the crime that gave rise to the formation of the case does not appear duly justified, therefore, in accordance with the provisions of the Criminal Procedure Law, it is appropriate to decree the provisional dismissal of the proceedings, it adds.
It adds that an appeal for reform may be filed before the aforementioned Court within three days or an appeal within five days, in addition to another twenty-day period to appeal the order of dismissal, even by those who have not shown themselves as a party to the case.