Tuesday, January 31, 2017

Opt for the excalde of Castro and two councillors for the tunnel at Mioño – The Farad

it Was one of the sites that suffered the scourge of brick, where before the bubble burst, ruptured in the form of a general cause against their rulers, and where, among the corruption scandals, marinas, covenants unusual and transfuguismo general, it ended up arriving before the rest of the cities, which was to be called the new policy, in this case with a broad representation of CastroVerde already in the previous legislature, and is now ruling the town.

But the story is not so far from Castro Urdiales stalking: the Criminal Court no. 1 of Santander has been sentenced to four years and three months of disqualification from public office of former mayor of Castro Urdiales, Fernando Muguruza Galan (ex-PRC), considering him to be the perpetrator of a crime
continuing trespass.

Likewise, the magistrate submitter of the resolution has condemned those who were councillors of Works and Industry during the tenure of the one, the Savior Iron and Jaime Díez Muro, for the same offence and has fixed a penalty greater: four years and nine months of disqualification.

The facts which have been considered criminal are referred to the way of acting, that the three condemned persons were deployed during the hiring process of the restoration works of the tunnel of Mioño and the installation of an elevator in the municipal market, both entrusted to the company of which he was manager, a brother of the condemned.

In a ruling dated and served on the day of today, the judge decides to acquit the rest of the accused: four council members, the secretary and the auditor, municipal, and the manager of the construction company.

In his judgment, it has been proven that the rest of the councillors and two public officials –who are accused of a crime of trespass – they had knowledge of the illegality of the procedure used for the award of the work.

Also exempts the constructor of the offence of traffic of influences that came to him accusing because it, considered the judge, it has not been demonstrated to exert "moral pressure or inducement" that condicionara the decision of the councillor responsible for Works, Salvador Iron.

The resolution, which is strong and against which it is necessary to appeal to the Provincial court recognizes the mitigating circumstance of undue delay (excessive delays in the judicial process), given the time elapsed since the incoaran preliminary investigation in September 2006.

The sentence declares proved that in 2004, the board of local government of Castro Urdiales unanimously agreed to approve the bids and award to the company IZETA of the restoration works of the tunnel of Mioño and the installation of an elevator in the municipal market.

Understand the judge that both the mayor, as alderman of works, Savior Iron, and the councilman of Industry, Jaime Díez Muro, had "full knowledge of the total absence of administrative record of engagement," as well as "bonds of kinship" between this last, and
the manager of IZETA, who was his brother.

in Addition, the mayor Díez Muro voted favorably to the award, which evidence a "conscious and deliberate absence of abstention, with the quiet complacency, and the cover-up of the mayor and the councillor of works."

In those votes, the city clerk did not warn of the total absence of record, "although not known to have prior knowledge of the absence of the record, neither of the links concurrent".

Days after the meeting of local government where it was agreed that the awarding of the works to the lift, specifically the December 31, 2004, the intervener city recognized an obligation of 20% of the cost for the works of the lift in the municipal market. A day later, on 1 January 2005, conducted a reconnaissance of the remaining 80%.

he Understands the judge "has not been duly accredited that your action has a different purpose to prevent the loss of a subsidy granted to that", given that the works are finally executed months later.

The prosecution requested the sentence of all the selectmen, and also of the public officials for a continuing offence of trespass, with sentences ranging from nine-year disqualification for the three selectmen who have been sentenced to seven years for the two public officials.

however, the judge considered that only committed a continuous crime of trespass which were the councillors of Works –who received offerings and presented them before the municipal council – and Industry –brother of the manager of IZETA and not abstained in the votes-, as well as the mayor –who knew both the absence of treatment as family ties.

The rest of charges, and public officials are acquitted since it has not been demonstrated that they knew that the hires were made to toe-off.

The public prosecutor also accused the manager of the company that executed the work, because he considered him to be the perpetrator of a crime of influence peddling that he should be punished with nine months of imprisonment and 10.000 euros fine.

Finally, as to the absolution of the manager of IZETA, points out the sentence that does not consist of "positive action and intentional pressure to the councilor or to the others involved, aimed at provoking a process of decision vitiated by fraud to gain unjust decisions". Therefore, understand the judge not committed the offence of traffic of influence
of which he was accusing.

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