Archived the complaint of Alternative for San Mateo against the mayor and a councilor
The Investigating Court number 8 of Las Palmas de Gran Canaria has just provisionally dismissed the preliminary investigation proceedings that were opened, after a complaint by Alternativa por San Mateo, against the mayor, Antonio Ortega, and the mayor of Management of the Territory (Urban Planning) of that same municipality, Davinia Falcón, among others, charged with the possible commission of various crimes in the processing and execution of works on a 384-space car park in the center of town. In any case, the Provincial Prosecutor's Office had appreciated only indications of prevarication and embezzlement.
The magistrate Arcadio Díaz Tejera, in an order issued days ago, dismantled one by one all those facts to which the complainant, Juan Carlos Santana Díez, president of the opposition party Alternativa por San Mateo, attributed a criminal nature. In a forceful letter, and after even taking a statement from both parties, Díaz Tejera emphasizes that "the commission of any crime does not appear duly justified."
The rest of those initially charged, whose case has also been filed, were the architects Jesús Álvarez and Leonardo Navarro, who are joint administrators of the firm Álvarez Álvarez y Navarro Arquitectos SL, a company that is also included in the list of those accused; the car park construction company, Obrascón Huarte Lain SA; and the representative of the latter entity, Faustino Ormazábal de la Merced.
After pointing out, yes, "with all due respect", "the ignorance of urban regulations" by the lawyer for the complaining party, the magistrate concludes, first, that both the award of the contract to OHL and the execution of the work, including the approval of a modification of the project, were carried out "based on the criteria of the General Secretariat of the City Council, the auditor, the municipal technicians and the optional management of the work."
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Secondly, it makes it clear that the procedures carried out prove that the improvements were foreseen in the project itself and in the contract documents. So much so, he explains, that all the bidding companies offered improvements. It also clarifies that its drafting was awarded to MI3 Ingenieros y Consultores SL, which was granted a two-month extension. And third, it adds that OHL presented its offer for registration, as provided in the specifications, and that it was the second in order of presentation of the offers.
Díaz Tejera also denies other facts pointed out by the complainant, such as that the works were paralyzed, or that the improvement requirements and deadlines that were set in the initial call were altered, or that the modification that had to be made to the project implied an alteration as substantial as the one described in the complaint. OHL warned of possible interference between the work and the adjoining buildings, which was resolved by reducing the surface area of the parking floors and was compensated by adding a third floor to thus maintain the number of parking spaces under contract.
For the magistrate, the reading of the facts reported in the complaint "shows the vicissitudes of a public works contract and the conflictive relations, sometimes tense, in others, between a company and whoever contracted it", but not found "some criminal relevance in what was narrated, since the events described are not typified in the criminal figures that are listed in the complaint." And he also adds that with this decision, against which there is an appeal, he is not denying the right to judicial protection, but rather he understands that this must be provided by the most appropriate court, which, given the complaint, is not the criminal one. It did not order costs.
"They wanted Justice to speak using it in a tortious way"
The mayor, Antonio Ortega, in statements published this Friday in 'Noticiasdesanmateo.com', the medium that advanced this court order, assured that the complainants “wanted justice to speak using it in a tortious way, trying in bad ways to get what they They have not succeeded in the polls, and justice has spoken ». And he added: "They completely manipulated the data, using information taken out of context, extracting certificates... They tried to discredit both Davinia and me, but the truth only has one path and the judge has been able to see it."
The mayor, whose defense in this case corresponded to the lawyer Alberto Hawach, also made an express announcement. “We are going to demand judicial responsibilities because they have falsely denounced us, they have publicly defamed us and have damaged our image and questioned our honor, in addition to the fact that many hours of work by City Hall staff have been dedicated to processing this documentation, causing an expense important to public coffers. And as if that were not enough, for the legal expenses of legal defense, which will be paid with everyone's money. "Now we will wait for those media outlets that made monographic programs and published entire pages talking about this complaint to dedicate the same time and space to communicate that the case has been filed," Ortega concluded.