The Sixth Section of the Provincial Court of Las Palmas has clarified that the order by which it ordered the lifting of the precautionary closure measure of the Stratvs winery does not imply "the authorization of this Court for the exercise of the activity." This is stated in the latest resolution dated July 4, in which it orders that the Seprona be informed of the lifting of the seal, but making it clear that it does not imply a permit for the facilities to function again.
The Court thus leaves the decision in the hands of the institutions, since it emphasizes that the winery "is subject to compliance with administrative regulations." And the fact is that what Section Six did was to lift a precautionary measure due to the time elapsed since it was adopted, but without entering into the merits of the alleged crimes being investigated in this case, which are the ones that will be analyzed in the trial that is pending.
Therefore, it orders that this resolution be brought "to the attention" of the Cabildo of Lanzarote and the City Council, so that they are the ones who ensure compliance with the "regulations." It should be noted that the resolution of the Court mistakenly mentions the Arrecife City Council, although Stratvs is located in Yaiza.
Yaiza completed a file and had two others open
Thus, although Seprona agents have come this Tuesday to lift the seal, this does not mean that the winery can resume activity, but only that the property can re-enter the facilities.
In the case of the restaurant, the Yaiza City Council already completed a sanctioning file in 2013 by which it ordered its sealing, after concluding that it did not have any type of permit. Thus, regardless of what happens with the rest of the facilities, that closure order remains in force, and has also been endorsed by the courts in the contentious-administrative channel.
Regarding the winery and the store, the City Council had two other files open that also proposed the closure, but which were not completed, when the investigating Court intervened, ordering the closure of the entire complex as a precautionary measure within the Stratvs case.
Acuña had raised a possible "criminal prejudice"
Precisely the fact of not having adopted measures against the Stratvs winery was one of the reasons that led the mayor of Yaiza, Gladys Acuña, and the councilor José Antonio Rodríguez, to the dock in the first trial of this case, held three weeks ago. During the hearing, both alleged that they were unaware of the illegalities of this complex until they were called to testify as defendants. And regarding why they did not order the closure afterwards either, they responded that the City Council lacked personnel to complete the files.
Finally, when the investigating judge ordered the precautionary closure, those files were suspended. Regarding the possibility of resuming them now that the precautionary measure has been annulled, Acuña stated last week on Radio Lanzarote - Onda Cero that "criminal prejudice" could "operate", that is, that the City Council could refrain from acting as the matter is in the courts.
However, the latest resolution of the Court emphasizes that its decision does not imply an "authorization for the exercise of the activity", which must be "subject to compliance with administrative regulations." That is, it is the administrations that must ensure compliance with these rules.
The provisional authorization for wastewater expired in 2009
Regarding the actions of the Cabildo, the investigating judge also reproached it at the time for not having shown "the slightest concern", despite the reports that warned of the existence of polluting discharges in Stratvs. She was referring specifically to the actions of the Island Water Council, whose former manager, José Juan Hernández Duchemín, is also accused in the case.
According to the investigation, Juan Francisco Rosa submitted an application for authorization for the wastewater treatment system months after having inaugurated Stratvs. The Island Water Council then took samples and according to the report, "the results of the analyses gave figures indicating a high degree of contamination", notably exceeding "the established limits". Despite all this, in November 2008 Juan Francisco Rosa was given a "provisional authorization for six months, without the possibility of extension".
That provisional authorization required "periodic monthly analyses", but since then there is no record that a single control was carried out by the Island Water Council again (only three analyses were carried out, but with samples provided by the businessman himself). Furthermore, the Council did not act when that provisional authorization expired, in May 2009, and the complex continued to operate. Therefore, the judge concluded that "there is no authorization whatsoever for the discharges that have been taking place." And that authorization does not exist today either, in case Stratvs restarts its activity.
It was two years after the precautionary closure of the winery, last October, when Juan Francisco Rosa once again addressed the Council requesting this time authorization to install a treatment plant. The current manager, Erik Martín, then requested a legal report to see if it was appropriate to process the request. However, Rosa sent a new letter to the Council in December, reporting on the first order of the Court lifting the precautionary measure. And despite the fact that the order was not final at that time, the following day the manager issued a six-page report accepting his request to process the file. "The documentation presented by BTL Lanzarote complies with the minimum requirements of current legislation," the report stated, which proposed "continuing the processing" of the "authorization/legalization of the water treatment plant" in Stratvs.
