The former councilor Sergio Machín accepted bribes between 2004 and 2006, when he was in charge of Public Works in the Cabildo de Lanzarote. The Supreme Court has now ratified the sentence issued by the National Court in 2020. The ruling concluded that Machín was guilty, but was acquitted because the events had prescribed. The former councilor was tried for a crime of bribery, for promoting commercial agreements between the company Fitonovo and the Cabildo itself.
The then head of Public Works charged 24,000 euros from the company Fitonovo SL, in two transactions, in exchange for giving a boost to the signing of contracts of the company with the Cabildo. The crime was judged, but it was prescribed when it was judged by the National Court.
Despite being acquitted, the sentence issued in November 2020 by the criminal chamber of the National Court considered that the accused had received money from the company Fitonovo SL for interceding in his favor. The testimony of one of those involved was supported by documentation collected in Fitonovo's B Box.
The former councilor Sergio Machín was not satisfied with being acquitted even if it was by prescription. To clear his honor, the former councilor Sergio Machín decided to file an appeal in cassation before the Supreme Court against the judgment of the National Court. Now it is the high court that reiterated that the evidence against Machín was not invalid, even though he considered that it damaged his image.
The defense lawyer of the former councilor pointed out that the sentence includes a "series of statements" that affected his image and his honor. Similarly, he pointed out that he had also suffered economic effects by not being able to request the Cabildo to pay the expenses derived from the lawyer's fees, the fees of the solicitor or the travel expenses to Seville or Madrid.
Evidence against the former councilor
The case involving the former councilor focused on the tenders for public contracts in favor of Fitonovo in the Canary Islands, Extremadura or Andalusia. The company Fitonovo SL is dedicated to the sale and application of phytosanitary products and seeds, as well as the integral conservation of vegetation in road networks, railways, airports or green areas, among others.
Fitonovo SL sales representatives paid commissions, in cash or through gifts, to officials and authorities who intervened in the tenders. With these actions, the National Court considered that the administration and the principle of free competition were harmed.
The modus operandi was carried out through a computer program. Through the Eurowin Solution 2011 application, officials from the three aforementioned autonomous communities related to Fitonovo were signed. The same file specified the date on which the officials received the money or gifts and the position they held in the different public administrations.
This record contained the data of the sales representatives who carried out each transaction, the name of the official, the exact amount that would be authorized, the date of payment of the gift or money.
Tenders in favor of Fitonovo
It was the year 2004 when the Official Gazette of the Province of Las Palmas published a contest to contract a gardening and cleaning service in the areas of public domain, easement and roads dependent on the Cabildo de Lanzarote. This tender reached 180,000 euros in a six-month contract.
Two companies were presented, one was rejected by the contracting table for not meeting the necessary requirements. The other was Fitonovo SL, who also offered a lower price than established, 174,150 euros.
According to the proven facts of the sentence, the then councilor requested 6,000 euros from the company Fitonovo for the political party to which he belonged. At that time he was a member of the Party of Independents of Lanzarote (PIL), although he also went through the ranks of Coalición Canaria and the PSOE.
The defense insisted that these facts be declared as proven, "without having sufficient evidence of charge." However, the Supreme Court endorsed that apart from the testimony of one of those involved, there was evidence of payments in B to Sergio Machín.
Although the contract had a duration of six months, it was extended up to three times. The transactions with Fitonovo did not remain there. From the third extension, the Cabildo de Lanzarote published a new contest in which it awarded the works for 240,000 euros for 8 months. In this contest only Fitonovo SL was presented. On this second occasion, the Councilor for Public Works requested an income of 18,000 euros. This amount was given to him in a restaurant in Famara.
