The Provincial Court of Las Palmas has prevented the attempt by the owners of Marina Rubicón to "frustrate" the execution of the Yate case sentence, which, among other things, declared the license of that marina illegal. In an order dated this July 2, the Second Section refuses to admit the appeal filed last April by the company, stressing that it is neither entitled to file it nor has it filed it at the appropriate procedural time.
"There is no provision that allows filing an appeal to someone who has not been a party to the procedure," the Court points out, questioning that they intend to appear now, "not only after the qualification of the facts, the holding of the oral hearing and the sentence, but even after the sentence is final."
In this regard, it explains that "the attempt to appear" in this case "should have been done" during the investigation and not in the current phase, "in which it is difficult to process an appeal against a sentence" that has already been declared final and is in the execution phase, having already ordered the imprisonment of two of the convicted. In addition, as the Public Prosecutor had underlined, the Court recalls that this procedure lasted "more than ten years" and that the owners of the port could have appeared in their day because they had perfect knowledge of its existence.
They intended to "become bona fide third parties"
In its order, the Court recalls that the CEO of Marina Rubicón, Rafael Lasso, was charged in the case, in addition to the other two owners of the port, Juan Francisco Rosa and Francisco Armas. Regarding Lasso, it points out that he was the applicant for the license for the construction of the port and recalls that he testified as charged on November 30, 2011. "Practically the entire statement was about the aforementioned license, whose granting was due to the commission of a crime of urban prevarication, recognized by the mayor who granted it, Francisco Reyes Rodríguez, convicted for it in this case," the order points out.
This same argument was the one that the Public Prosecutor had raised to request that the request of Puerto Deportivo Marina Rubicón S.A. to appear now in the case be rejected. In his writing, the prosecutor Javier Ródenas questioned that the company was trying to "frustrate" the execution of the ruling, now intending to "become the bona fide third party affected by a judicial decision in which it has not been given the opportunity to defend itself."
In addition, he added that the fact that the proceedings against Rafael Lasso, Juan Francisco Rosa and Francisco Armas were finally dismissed does not attribute to them "the procedural quality of bona fide third party." "It is clear that he has had knowledge and has even been a protagonist of the criminal process," the writing insisted, recalling that the three were investigated for bribery and that they obtained the license thanks to the "criminal conduct" of the former mayor.
Reyes confessed that he was bribed
Both José Francisco Reyes and the former secretary, Vicente Bartolomé Fuentes, confessed in the trial that they committed a crime of prevarication by granting this permit, since they were aware of its illegality. Even, Reyes admitted to having received a bribe from the owners of the port, who left him a free mooring for years for the boat el Pachi, in exchange for granting them both this license and those of the illegal hotels that these same businessmen have in Playa Blanca.
Unlike the hotel licenses, which had already been annulled in the contentious-administrative route, that of the Marina Rubicón port remained in force until the Yate case sentence arrived, which was the one that annulled this permit. Within the framework of the execution of this ruling, the Court has already ordered that the Yaiza City Council be informed of the sentence, so that it takes knowledge of the annulment of the permits and proceeds "for the appropriate purposes."
