The Spanish Court of Accounts archives the procedure on the purchase of 30,700 square meters of land in the Ciudad Deportiva del CD Tenerife, located in Geneto, by the Science and Technology Park of Tenerife (PCTT), for almost 19 million euros, after endorsing the Public Prosecutor’s Office that said acquisition “is duly justified, both for the form and for the price paid.” File that appears in the order issued by the supreme supervisory body of the economic management of the public sector in the country, issued on March 10, after it was concluded this past January, as announced THE DAY.
The procedure has its origin in the communication sent to the Court of Auditors on October 13, 2020 by the auditor of the Island Council of Tenerife, Antonio Messia, referring to “some facts that could constitute accounting liability”. Facts consisting of the purchase, by the public company Scientific and Technological Park of Tenerife SA, through public deeds dated January 24, 2012, of land located in Geneto for a value of 18,992.460.27 euros. They correspond to two plots of the Ciudad Deportiva of CD Tenerife.
It is considered that the purchase complied with the appraisal and the agreement of the Board of Directors
The Prosecutor’s Office of the Court of Accounts also reflects, in its report of March 1, that the acquisition of these plots was “supposedly aimed at the installation of the future Geneto Scientific Pole and that, according to the auditor’s report, it lacked at the time real justification and was carried out at a price above its value, contributing to the indebtedness and subsequent financial imbalance of the acquiring company”.
The communication of the intervention of the Cabildo occurs with the PSOE and citizens as political groups that make up the insular government. In his report, Messia warned of a succession of alleged irregularities in this urban operation and of the existence of indications of the alleged crimes of unfair administration, prevarication, embezzlement and accounting responsibility attributable to those who managed the Island Corporation at that time.
It is the record that in the operation carried out in 2012 no illegal accounting was committed
However, both the Public Prosecutor’s Office and the Court of Accounts point out that the purchase was made legally, without detriment to public funds and without property damage to the Cabildo company, so they have decided not to initiate the procedure and proceed to your file.
A report of the Intervention is the origin of the cause and of the two cases opened in the judicial channel
No property damage. The Spanish Court of Accounts had already favorably concluded the investigation phase and in its opinion indicated that the purchase of the Geneto land by the Tenerife Science and Technology Park (PCTT) was carried out in accordance with market conditions and that it did not there was patrimonial damage for the company of the Cabildo de Tenerife.
Specifically, the Prosecution section indicated in its proceedings that, after examining the documentation, “the facts assessed are not likely to generate an alleged accounting scope in public funds, since, as has been revealed, there is no interpret an illegal accountant”.
It fits the price. Now, the prosecutor María Luisa de la Hoz García shares the conclusion of the investigating delegate of the procedure on “the absence of accounting responsibility for there being no impairment of public funds.” This occurs on the basis of considering that “the acquisition of the land was carried out in accordance with the appraisal made, included in the deeds of sale, and the corresponding acquisition agreement previously adopted by the Board of Directors of the entity.”
prescribed. The Prosecutor’s Office of the Court of Accounts also bases its pronouncement on “the prescription of the accounting responsibility that could be required, given that since the date of the events (2012) the five-year period provided for in the Third Additional Provision has elapsed.” of the Law on the Functioning of the Court of Accounts”.
In this way, the Court of Auditors, after examining the documentation provided by the parties, concludes that there was no patrimonial damage, validating the appraisals made for each farm and determining that the price paid by the Tenerife Science and Technology Park for both farms it was the right one. It considers that the Board of Directors of the entity did not commit any illegal accounting in said action carried out in 2012.
In criminal proceedings. While the order specifies that none of the parties (Prosecutor’s Office, Tenerife Science and Technology Park, SA and Tenerife Island Council) urged the continuation of the procedure, for which reason its file proceeds, it should be remembered that the controller of the Island Corporation He also sent his report to the Provincial Court, the Prosecutor’s Office and the Hearing of Accounts of Canary Islands. In fact, ordinary justice keeps two criminal proceedings open, which are still ongoing: those known as geneto case and NAP case.
In the first, the accusation for alleged prevarication and embezzlement persists for the former presidents of the Cabildo CC Ricardo Melchior and Carlos Alonso, the former island councilors Antonio García Marichal (CC) and María del Pino León (CC), the former island director of Innovation Juan Antonio Núñez and the lawyer of the Science Park José Luis Luengo, the only one who was not a director of the Science and Technology Park but an advisor.
In it NAP casederived from the Messia report and for alleged irregularities in the absorption, 10 years ago, by the public company ITER of the public-private company NAP, there are two investigated for alleged prevarication and embezzlement: Ricardo Melchior, president of the Cabildo por CC between 1999 and 2013, and Manuel Cendagorta, former managing director of the Institute of Technology and Renewable Energies of Tenerife (ITER). Among others, the judge of the Investigating Court Number 1 of Granadilla, who is processing this summary, filed, last September, the accusations against Carlos Alonsowho appeared in the case in his capacity as Counselor for Economic Development of the Cabildo de Tenerife.
