The Sixth Section of the Provincial Court of Las Palmas has dismissed the appeal filed by the attorney of the company Adelfas 24, SL, Juana María Fernández de las Heras, against the order issued by the Investigating Court number 2 of Arrecife on March 28, 2022, which agreed to the embargo and prohibition of disposing of the house in which the former president of the Cabildo resides, and current spokesperson for the Canarian Coalition in the Cabildo of Lanzarote, Pedro San Ginés.
In an order issued on February 17, which was notified to the parties last April, the Court rejects the arguments presented by the appellants, both Juana María Fernández and her husband, Ignacio Calatayud, in which they expressed their disagreement with the embargo, alleging that there are not sufficient indications to support that the transfer of the embargoed house to Pedro San Ginés constitutes a crime.
The Provincial Court states in its resolution that “the Chamber does not share its arguments” (in reference to the appellants) warning that “we are facing the investigation of the crime of money laundering, prevarication, bribery and embezzlement, etc”, and concludes that “there are in relation to this property in one case or another indications of being an effect of the crime, reasons why, in addition to those expressed above, the embargo of the aforementioned property must be confirmed”.
Four different contracts, 95,000 euros in “cash” and nothing declared to the Treasury
As will be recalled, the house in which Pedro San Ginés has resided since 2010 is surrounded by strange circumstances, since it still appears in the Property Registry and also in the Cadastre, in the name of Adelfas 24, the company of Felipe Fernández Camero, without the former president of the Cabildo having ever declared the existence of any right of his -neither of ownership nor of any other kind- over said property in the declarations of assets and rights that as a public office he had to present during all these years. Added to this is that there is also no mortgage or public deed of the supposed purchase of that house (as is usually the case given the high amount of that property, valued at more than 400,000 euros).
In addition, the judicial police found in the home search of Pedro San Ginés that the Court ordered at the time, four different contracts between Pedro San Ginés and the company of Fernández Camero related to said house, some of lease with option to purchase and others of purchase, with different conditions. But these are “private” contracts, which were not made before a notary, so it is not reliably recorded when they were signed nor which would be valid.
To try to explain the strange circumstances surrounding the acquisition of the house of Adelfas 24 by Pedro San Ginés (who refused to testify before the Police and also refused to testify to the Judge), he has stated that he has been paying a monthly amount during these years to the company that owns the property (although those payments would have been in the concept of rent) and that in the end he paid another 95,000 euros in “cash”, that is, in black money, since none of this has been declared to the Treasury, neither by Adelfas 24 SL, nor by San Ginés himself, who, whether as lessor or lessee or as seller and buyer, had the obligation to declare those supposed operations to the Treasury, as the Tax Agency has informed the Court in the course of the investigation.
Felipe Fernández Camero, also accused in the Jable case.
The house where the current spokesperson for CC, Pedro San Ginés, resides, belongs to Felipe Fernádez Camero, disqualified as secretary of the Arrecife City Council and who is accused along with Isabel Déniz, Dimas Martín and others in the Jable case where, in addition to the crimes of bribery, embezzlement, documentary falsification, prevarication, disclosure of secrets, fraud and activities prohibited to officials, also a crime of illicit association.
Up to five people have already confessed the facts, in addition to Matías Curbelo (deceased) and Jacinto Álvarez did so at the beginning of the hearing two former leaders of Urbaser Manuel de Andrés Martínez and Santiago Alonso Herrero, who remain singled out for a crime of bribery for bribing to obtain the garbage contract and the former executive of FCC Enrique Hernández Martín who acknowledged that he "gifted" a trip to Morocco to Déniz in exchange for the tender for the Argana Alta pavilion.
A case suspended last April due to the health of the former mayor and that will continue next September.
According to the Prosecutor's Office, Camero as secretary of the Arrecife City Council, was responsible for the legal advice of the Corporation and was part of the contracting table. Among other things, according to the prosecutor, Camero was responsible for "custody" of the documents and helped to give the 'switch' in the first offer presented by Tecmed (later absorbed by Urbaser) to the garbage collection contest, so that it could win the award. In return, he received alleged bribes from the company.
The Public Prosecutor's Office asks for 11 years and 6 months in prison, 18 years of disqualification and 38,183 euros fine