The sentence of the Yate case is now final and the Court orders the execution of the ruling

The ruling in the Yate case, which condemned 9 people for urban planning corruption and money laundering crimes and declared dozens of licenses in Playa Blanca illegal, including that of the Marina Rubicón marina, is now final. The ruling was issued last April and the deadline to file appeals has passed without any of the parties doing so. Therefore, in an order dated July 24, the Second Section of the Provincial Court orders that the sentence be executed.

The first consequence will be that the former mayor of Yaiza, José Francisco Reyes, must return to the Tahíche prison for the third time. The first time was while serving provisional imprisonment during the investigation of this case, just after his arrest in September 2009. Afterwards, he returned to the Tahíche Penitentiary Center to serve a sentence for another crime of urban planning prevarication, in that case for granting an illegal license to the political cousin of the King of Spain and husband of Alexia of Greece, Carlos Morales.

Now, Reyes faces this new sentence of 6 years in prison and 21 years of disqualification for the massive granting of illegal licenses in Playa Blanca in exchange for bribes. The former mayor himself acknowledged the facts during the trial and reached an agreement of conformity with the Prosecutor's Office - as did the other eight convicts - accepting the penalties requested for him. Thus, before the trial he had already deposited more than 300,000 euros to cover the fines that were demanded of him, his wife and three of his children, who sat next to him on the bench. And he also accepted that the assets acquired with the money from the bribes be seized, which includes the Pachi boat, 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. Furthermore, 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.

Pending whether the Prosecutor's Office requests imprisonment

As for the other eight convicts, all face sentences of less than 2 years in prison, which in principle could mean that they avoid imprisonment. However, each case must now be assessed by the Public Prosecutor's Office, which could request the fulfillment of the sentence. And in this phase of execution of the sentence, the private prosecution, represented by the complainant in this case, Carlos Espino, will also be heard.

After Reyes, the second highest penalty was imposed on the former secretary of Yaiza, Vicente Bartolomé Fuentes, who was sentenced to one year in prison and more than 10 years of disqualification, as well as the payment of a fine of 720 euros. Just before the trial, the former secretary acknowledged that he committed a crime by reporting in favor of the Playa Blanca Partial Plan and the license of the Marina Rubicón marina. Furthermore, he also admitted to having incurred in embezzlement of public funds, like José Francisco Reyes, by having allowed private trips of the former mayor to be paid with money from the Yaiza City Council.

For their part, the wife and children of the former mayor, in addition to the fine, accepted a sentence of 5 and a half months in prison for a crime of money laundering. The other three convicts, Benito Mesa Ferrer, Simeón Camacho and Antonio Marcelo Machín, helped Reyes to launder the money through shell companies, and were sentenced to 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.

The owners of the port bribed Reyes

The ruling in the Yate case also annulled all the licenses investigated in this case, although almost all had already been annulled in the contentious-administrative process. The same had not happened with that of the Marina Rubicón marina, which is now becoming illegal with a final ruling. Furthermore, the ruling of the Provincial Court considers it proven that the three owners of this marina, Juan Francisco Rosa, Rafael Lasso and Francisco Armas, gave a bribe to the former mayor in the form of a gift for the granting of this permit.

In the proven facts, the ruling indicates that Reyes received a "gift" from the owners of the port valued at 60,000 euros, by enjoying a free berth for five years in Marina Rubicón. And that gift, as indicated in the Prosecutor's Office's indictment and ended up confessing the former mayor, was given in exchange for the granting of the port's own license, but also of three others that the same businessmen received. Specifically, the ruling refers to that of the Princesa Yaiza hotel and that of the Son Bou hotel, which were granted to Juan Francisco Rosa. And one of them was delivered "only three days after" he requested it. 

The third license, which allowed the construction of the Hotel Meliá Volcán, had been requested by Francisco Armas. As for that of the marina, it was Rafael Lasso who requested it. And he did so when the Superior Court of Justice of the Canary Islands ordered the works to be stopped, which had begun without permission. Only six days later, as the ruling of the Court emphasizes, Reyes granted him that illegal license.

As for the businessmen who gave that gift, at the time they were charged in the case, but the charges against them were finally dropped. And the Penal Code that was in force at that time did not allow the crime to be classified, as it was an improper bribery after the granting of the license, and not before. For these cases, penalties were contemplated for the one who receives the gift, but not for the one who gives it.