Eight years after starting to serve the sentence for the Agroindustrial Complex case, Dimas Martín has only paid 0.8 percent of the civil liability imposed on him, for which he had to return almost 2.4 million euros embezzled during his management at the head of the Agroindustrial Complex. Of the fine, worth another 2.4 million, he has not paid anything during this period.
That is the main argument of the Provincial Court to reject a new appeal from the historical leader of the PIL, who intended to already enjoy parole. "The convicted person does not even show a real willingness to repair the damage caused", emphasizes the Court's order, which points out that until December 2013, Dimas Martín had only paid 21,350 euros.
In addition, although it points out that between 2008 and 2009 he made monthly payments of up to 550 euros, since mid-2009 and to date he only pays 150 euros per month. And that, despite the fact that at the end of 2012 he was granted the third degree (which until then had been denied due to non-payment of civil liability), with the argument that he could thus work and return the money.
"After the granting of the third degree in September 2012, he has done absolutely nothing relevant to significantly increase that payment, as he continues to pay the same", the Court argues in its order, thus rejecting Dimas' access to the next prison degree, parole.
In addition, he adds that "the firm employment contract that he claimed to obtain the third degree has become the provision of services as a freelancer for a commercial entity of which he himself is a partner".
Dimas considers it "irrelevant" whether the farms to be seized "are his or not"
As he already did in previous orders rejecting the granting of the third degree, the Court insists that the attempt to seize properties from Dimas Martín has been "unsuccessful". And it is that although several farms appear in his name in official records, the alleged ownership then falls on third parties.
Despite this, Dimas himself argued in his defense that "a series of farms have been seized whose value would cover a good part of the debt, considering the debate about whether they are his or not irrelevant". In this regard, the Court emphasizes that Dimas Martín has "done nothing" "in order to facilitate the enforcement procedure" on those farms, whose seizures could not be made effective.
"Surprisingly, the appellant alludes in his appeal that the value of such farms would reduce the debt, despite the fact that he considers the debate of whether they are his or not completely irrelevant. If they are his, he has had more than enough time since he has been in the third degree to provide the property titles, thus complying with what was already required of him by this Chamber in proceedings of May 11, 2010 –more than four years ago-, thus facilitating the enforcement procedure. But if they are not his, one wonders how he can mention their value to reduce the debt", he questions.
For the bathrooms, in third degree from the beginning
The non-compliance with the payment of the civil liability imposed on him led to repeatedly denying the third degree to Dimas Martín, or even to annul those that were granted to him at the time, when he had served a minimal part of the sentence.
Finally, and "despite such reiteration of legal arguments" in different orders, endorsing that he continue in the second degree, in September 2012 the Penitentiary Surveillance Court Number 2 of the Canary Islands granted him the semi-liberty regime.
"This Chamber is not going to enter into the success or failure of said resolution, as it is neither the subject of the appeal, nor can we ignore that since it was not appealed, it is final", the Court points out in this regard, leaving the doubt of what would have happened if that decision of the Surveillance Court had been appealed at the time.
In addition, the consequences of granting that third degree not only affected the fulfillment of the sentence for the Complex case, but have also been transferred to the one he is currently serving, for the case of the bathrooms of Los Dolores.
Specifically, the eight years in prison for the Agroindustrial Complex case ended in April of this year. However, since the sentence of Los Dolores was already final, a "merger of sentences" was made, so the years in prison of both sentences were added, treating them as a single one. And in this way, when he began to serve the sentence corresponding to the bathrooms of Los Dolores, he did so already in the third prison degree, which implies going to prison only to sleep from Monday to Thursday.
What the Court has rejected is granting him parole, also emphasizing that when merging the two sentences, there are still almost two years left for his fulfillment to end, which will specifically arrive on May 19, 2016.
