The Provincial Court of Las Palmas has rejected the request of the former mayor of Yaiza, José Francisco Reyes, and the former municipal secretary, Vicente Bartolomé Fuentes, to suspend the prison sentences to which they were sentenced in the Yate case, for the massive granting of illegal licenses. Thus, both must enter the Tahíche penitentiary center to serve the sentences, six years in the case of Reyes and one year in the case of Bartolomé Fuentes.
The resolution of the Court, dated last Friday, April 20, follows the same criteria that both the Public Prosecutor's Office and the private prosecution had expressed, which had requested that the requests to suspend the sentences be rejected, among other things because of the history of convictions that the former mayor and the former secretary already have behind them.
In the case of Vicente Bartolomé Fuentes, his defense intended to invoke article 80 of the Penal Code, alleging that his sentence was less than two years in prison, that there is no civil liability pending payment and that "although there are criminal records, at the date of the events they did not exist." However, although they do not count towards this sentence for being crimes subsequent to those judged in Yate, the Court has taken into account these sentences and, above all, the "risk" that it considers exists that he will continue to commit crimes.
"Prevent the commission of new crimes"
"The convicted person, although he can no longer serve as municipal secretary, since the disqualification sentences prevent him from doing so, continues to work as a civil servant, which means that it is reasonable to expect that the execution of the sentence is necessary to prevent the future commission of new crimes by the convicted person," the order states, referring to the position currently held by Vicente Bartolomé Fuentes in the Cabildo of Gran Canaria.
"In addition, we consider that the seriousness of the conduct of Vicente Jesús Bartolomé Fuentes is unquestionable," adds the Court, which emphasizes that "this is reflected in the account of proven facts of the sentence, in which it is considered proven that in his capacity as secretary of the Yaiza City Council, he issued reports knowing of their manifest illegality, contributing decisively to the final dictation of the decrees granting licenses by the mayor."
To this, the order adds that "his criminal action as Secretary of the municipality of Yaiza, was not limited to the facts judged in this case, but the other two convictions" that weigh on him "were also for acts committed taking advantage of his status as an official of said municipality, having caused irreparable damage to it."
"In short, this Chamber, in view of the seriousness of the conduct, the convictions that weigh on the convicted person, the pending proceedings, and the risk of commission of new crimes, considers that neither by application of article 80.1 nor by section 3 of the same precept, do we have any circumstance that makes the application of such a possibility of suspension advisable, consequently denying the suspension of the sentences imposed on Vicente Bartolomé Fuentes," he concludes.
"Accredited the corrupt and criminal activity" of Reyes
As for José Francisco Reyes, although his sentence is six years in prison, his defense argued that "none of the individually imposed sentences exceeds two years in prison," so he requested an exceptional suspension of his compliance, also arguing that given "his removal from political life by the disqualification sentences, it is unlikely that he can commit crimes like those for which he was convicted again."
However, the Court recalls not only the total sum of the crimes for which he was convicted in Yate, but also "his criminal record sheet," since "he accumulates four convictions, for similar crimes, in a period of eight years." "Along with the above, this Chamber considers that the seriousness of the conduct of José Francisco Reyes is unquestionable, and this is reflected in the account of proven facts of the sentence," the order adds, recalling that in it "the corrupt and criminal political/public activity at the head of the Yaiza City Council is considered accredited, allowing the birth of the 'developer urbanism', promoting with his manifestly illegal action a total alteration of the urban reality of the municipality of Yaiza, since he authorized constructions and hotel buildings without any legal basis other than his whim."
In addition, he emphasizes that "his criminal action as mayor of the municipality of Yaiza, was not limited to the facts judged in this case, but the other three convictions mentioned above, were also for acts committed taking advantage of his status as mayor of said municipality, and over several years, having caused irreparable damage to the municipality that he represented and directed, and from which he enriched himself at the expense of public assets," so he denies the suspension of the sentences and concludes that he must enter prison.
