The Court of Instruction No. 1 of The Gran Canarian palms has decided “dismiss the complaint filed by David de la Hoz and Pedro San Ginés” against two of the heads of the General Directorate of Public Function of the Government of the Canary Islandsthe Minister of Health of the Cabildo de LanzaroteJuan Manuel Sosa, and the president of the Island Corporation, Dolores Corujo, for having recognized José Manuel Sosa’s situation of exclusive dedication to the position he holds in the Cabildo de Lanzarote, in which he receives the same salary that he received in his position of official of the Canarian Health Servicethe Cabildo reported this Thursday.
In a recent order that was notified to the parties yesterday, the judge concludes that the payments that the complainants consider irregular are based on administrative resolutions of bodies that have their headquarters in Santa Cruz de Tenerife, for which reason “according to with the provisions of article 313 of the Law on Prosecution proceeds the dismissal of the same because this Court is not competent to instruct her”.
The aforementioned article provides that “the complaint will be dismissed when the facts on which it is based do not constitute a crime, or when it is not considered competent to investigate the summary object of the same.” In this case, the judge does not rule on the facts denounced, because he considers that he is not competent to do so, which is why in the order itself it is repeatedly warned that the alleged illegality of the facts denounced would always be so “according to the thesis of the plaintiffs”, which the Court does not assume, but refers to it for the purpose of determining whether it is competent to decide on its admission for processing.
Elucidate the competent court
The judicial resolution known today denies what was stated by the directors of Canarian Coalition in the Cabildo de Lanzarote, Pedro San Ginés and David de la Hozwho assured at a press conference that both the Minister of Health and the president of the Cabildo had been charged by the Las Palmas Court for alleged crimes of prevarication and embezzlement.
The truth, clarifies the Cabildo de Lanzarote, is that “the Court had not ruled on the facts denounced by the complainants and was limited at the time to initiate the proceedings to determine in advance who would be the competent court to decide on the matter, concluding that according to the “thesis of the complainants” the events that are narrated would have taken place in Santa Cruz de Tenerife because the payments that motivate the complaint “are based on the resolutions issued by the General Directors of Public Function ”.
San Ginés, pending trial for filing false complaints
After hearing about the judicial decision, the Minister of Health of the Cabildo de Lanzarote, José Manuel Sosa, recalled that “at all times I warned that it was not true that there were any accusations against me or against the president”, but that “I was not surprised that San Ginés presented this complaint manipulating reality because he is a man who is accused by the Prosecutor’s Office of filing false complaints against innocent people and maintaining them for many years with false testimony in court to attack his political rivals, for which he is asked for several years in prison.
Sosa has also indicated that his lawyers are studying “the exercise of judicial actions against San Ginés for missing complaint that in the case of David de la Hoz could be extended to an alleged crime of subsidy fraud since it is known that he receives per diems from Parliament of the Canary Islands for residing in Lanzarote when it is public and notorious that he has lived in Las Palmas for years”.
