The trial of the Yate case, for the massive granting of illegal licenses in Playa Blanca, began this Monday in Las Palmas de Gran Canaria with the ratification of the confessions made by 9 of the 11 defendants. At the beginning of the hearing, the prosecutor Javier Ródenas has presented a new writing modifying the penalties initially requested for the 9 defendants who have shown their agreement.
In the case of the former mayor of Yaiza, José Francisco Reyes, he has accepted a penalty of 6 years in prison and 21 years of disqualification, in addition to the payment of a fine of more than 300,000 euros, which he has already deposited before the trial. The assets he acquired with the money from the bribes will also be seized, which he himself admits to having received from various businessmen and developers for granting illegal licenses. Among the assets to be seized is the boat El Pachi, 5 vehicles, a spa and part of an apartment, equivalent to just over 55,000 euros, which he acquired and put in his daughter's name in Tenerife. In addition, he will not recover the money he had in 10 family current accounts when the police operation occurred, nor the 13,000 euros in cash that were found in the search of his home.
As for his wife and three of his children, who are sitting next to Reyes in the dock, they have accepted a sentence of 5 and a half months in prison, recognizing a crime of money laundering. For his part, the former secretary of Yaiza, Vicente Bartolomé Fuentes, who acknowledges that he committed a crime by reporting in favor of the Playa Blanca Partial Plan and the Marina Rubicón marina, has accepted a sentence of one year in prison and more than 10 years of disqualification, as well as the payment of a fine of 720 euros. In addition to crimes against land management, the former secretary has also confessed to another continued crime of embezzlement, like Reyes, for having allowed private trips of the former mayor to be paid with money from the Yaiza City Council.
Undue delays and collaboration with Justice
When presenting the new penalties requested for the defendants, the prosecutor has referred to the confessions and the payment that they have already made to face the fines that will be imposed on them. In addition, he explained that the reduction is also due to the delay suffered by this case, which began more than a decade ago and which, among other things, was two years "practically paralyzed", after the indictment was filed. The reason that was alleged then is that a scanner was missing in the Court to be able to give a copy of the procedure to all parties. Thus, the Prosecutor's Office has applied the mitigating factor of undue delays, in addition to that of collaboration with justice and that of reparation of damage, for the amounts that the defendants have already contributed.
As for the people who helped Reyes launder money through shell companies, the three who have confessed -Benito Mesa Ferrer, Simeón Camacho and Antonio Marcelo Machín- accept penalties of between 5 months and 5 and a half months in prison, in addition to the payment of fines of 71,920, 20,000 and 20,000 euros, respectively, which they have already deposited in the account of the Provincial Court of Las Palmas. Thus, the trial will be held only against the other tax advisor who has not confessed, José Rafael Mesa Ferrer, and against the head of the Technical Office of Yaiza, Antonio Lorenzo. For the former, the Prosecutor's Office is now asking for 2 years and 9 months in prison, 5 years of disqualification and a fine of 143,840 euros, also applying undue delays as a mitigating factor. As for Antonio Lorenzo, for the same reason, he has gone from asking for 10 years of disqualification to requesting 8 and a half years.
When presenting the preliminary issues during the hearing, Mesa Ferrer's lawyer has provided a significant volume of documentation to try to demonstrate the innocence of her client and alleging that there is a "manifest enmity" with her brother, Benito Mesa Ferrer, who is also accused and has testified against him. After that, the prosecutor has requested a half-hour recess in the hearing to be able to analyze that new documentation.
The trial begins
After the recess, the Prosecutor's Office and the private prosecution have accepted that the documents be incorporated, although they have made it clear that they maintain the accusation against Mesa Ferrer. Among other things, the new documentary refers to judicial proceedings between both brothers, but which occurred long after the events that are being investigated in this case.
Next, the president of the Chamber has asked the defendants to confirm their acceptance of the new penalties requested by the Public Prosecutor and their agreement with the facts narrated in the indictment, after which they have been allowed to leave the room and not attend the rest of the trial. Along with Antonio Lorenzo and José Rafael Mesa Ferrer, the former mayor, José Francisco Reyes, his son, Francisco Abel Reyes, and Benito Mesa Ferrer, have had to remain in the hearing to testify in relation to the facts related to the other two defendants, although all of them have refused to answer the lawyer of the private prosecution and have only answered the prosecutor.
After the statements of the defendants, which have concluded shortly after 1 p.m., the first day of the trial has been concluded, which will continue this Tuesday, when the experts and witnesses will testify. In principle, it is also planned that the conclusions of the Prosecutor's Office, the private prosecution, exercised by the former Minister of Territorial Policy of the Cabildo, Carlos Espino, and the defense lawyers will be presented on Tuesday. However, in case the hearing is extended, the latter could be pending for Wednesday.
