The Provincial Court of Santa Cruz de Tenerife has acquitted the former councilor of Granadilla Nicolás Jorge (PSOE) of the crime of prevarication for which he had been accused by the Prosecutor’s Office and to which Sí Se Puede joined that of embezzlement.
During this judicial process, the Public Prosecutor’s Office and the private prosecution denounced that the legislation in force had not been complied with when it was decided to install several antennas for the reception of DTT, for which the Prosecutor’s Office requested 8 years of disqualification.
Sí Se Puede, in the opposition during those years, maintained that there was also a possible crime of embezzlement so that they requested 10 years of disqualification for the first charge, eight years in prison, 20 years of disqualification for the second, and a civil liability that amounted to 110,000 euros.
The events date back to 2006 when the councilor presented a motion to the plenary session in order to agree on the start of the procedures for the creation of infrastructures in order to be able to receive the analog signal and its implementation throughout the municipality.
The proposal stated that it was necessary to carry out an immediate technical study for which technicians had already been contacted and that the total cost of the action amounted to 87,000 euros and could even be 6% less.
The Chamber concludes that the commission of the crime has not been proven “in any way” insofar as a “biased” will of a criminal nature is not appreciated, which would have been evident in the degree of ignorance and non-participation in the facts. of the exedil.
In the first place, the Court concludes that the motion was only a political act supported by the Governing Board, the body that in the end is the one that has the last word, for example when setting the budget.
The version offered by the ex-councillor insofar as he had no direct responsibility in the processing of the concession is “totally credible” and this would be ratified by the witnesses who intervened during the trial held a few weeks ago.
From these appearances it emerged that an extrajudicial recognition of credit was carried out to pay an invoice signed by the former councilor and that it had to be paid since the work had been carried out, the sentence indicates.
Likewise, it was shown that there was an open call to which at least three offers were submitted and despite there being no project, it is ruled out that there can be talk of irregularity.
Another witness completely separated the defendant from this procedure and even the then Councilor for Works and brother of the former mayor, José Antonio González Cejas, and assumed full responsibility for any possible irregularities that had been committed.
For all these reasons, the sentence issued now concludes that despite it being evident that the hiring cannot be classified as “regular” there would also be “an abyss” if the incitement was attributed entirely to the defendant due to the fact that he filed a motion and signed the approval of a previous ruling.
The Chamber does not believe that the conduct of the former councilor and former advisor to the former mayor of Arona, Julián Mena, is “reprehensible and much less the result of deliberate action or being aware of illegal behavior or its unfair consequences.”
In short, it is considered that he was only responsible for approving the proposal when it was already completed, but there is no evidence that he hired technicians or requested budgets.
Once the crime of prevarication has been ruled out, regarding the crime of embezzlement, it is pointed out that the conditions are not met either, inasmuch as in this case the money was destined for its purpose, such as the installation of DTT antennas that are currently still in use and others were until the implementation of Retevisión.
The ruling confirms that “the service was necessary, it was provided, it was paid and there was no unjust enrichment”, the participation of the defendant is not recorded, the antennas had a cheap price and they worked for as long as it was necessary”.
