Judge Silvia Muñoz has already ordered the opening of oral trial to bring 14 people to the dock in part number 12 of the Unión case, which will now be transferred to the Provincial Court to set the date of the hearing. This part, which is one of the central parts of the case, investigates the payment of bribes and the embezzlement of public funds in the Arrecife City Council, specifically between the years 2007 and 2009. In her order, dated this Monday, July 20, the judge also imposes the payment of bonds to 9 of the accused, who in total will have to hand over almost 3 million euros.
The money will have to be deposited within 5 days of notification of the order and, otherwise, the seizure of their properties will be ordered until reaching the sum that is claimed from each one. With this money, it is intended to cover the amounts that they would have to pay in case of being convicted, both as a fine and as civil liability, to return to the City Council the allegedly embezzled money. The figure is the one requested by the Prosecutor's Office in its indictment, which was presented on June 26. Along with the Public Prosecutor's Office, the association Transparencia Urbanística and the Arrecife City Council are appearing as private prosecution in the case.
The largest bond is requested for the main defendant, Dimas Martín, to whom the judge demands 718,653 euros (409,000 as fines and 129,989 as civil liability, plus a third of the total amount, which is what the law contemplates to establish the amount of these bonds). For their part, Ubaldo Becerra and Antonio Machín, former PIL councilors in Arrecife, will have to hand over bonds of 608,777 and 505,876 euros respectively.
Three have already handed over part of the money
The other former councilor accused, José Miguel Rodríguez, is required to pay the fourth largest bond, although somewhat less than the other two. Specifically, 467,319 euros. In his case, in addition to confessing the facts and showing his remorse, he has already returned part of the money he admits he embezzled, handing over 9,000 euros to the Court. In his voluntary appearance before the judge on June 11, he explained that it is "the amount he has been able to gather" so far, "without prejudice to the fractional or progressive payment of the amounts that may correspond to him, reiterating that his intention is to fully repair the damage caused".
Rodríguez's confession is added to that of Matías Curbelo, for whom no bond is requested, and also to that of several businessmen accused in this part. In the case of Jesús Manuel Martín Brito and Antonio Gómez Ruiz, they had also shown their remorse and already deposited 50,851 euros and 33,065 euros, respectively, in the Court's account. Now, both must increase that amount. Martín Brito is required by the judge to pay a bond of 239,210 euros as a fine and civil liability, and Gómez Ruiz 70,754 euros.
He also claims a bond from the auditor of the Arrecife City Council, Carlos Sáenz, who must deposit 173,320 euros, and from the businessmen Manuel Gregorio Reina Fabre and Samuel Lemes, who must hand over 28,852 euros and 10,505 euros respectively.
Another five defendants and dismissal for Luisa Blanco
Along with these 9 defendants for whom bonds are claimed, another five people will sit on the bench, for whom the Prosecutor's Office is asking for prison sentences, but not for civil liability. In addition to Matías Curbelo, in that situation are also Elena Martín, Rafael Arrocha, Antonio Cárdenas and Juan Francisco Rosa.
In her order, the judge also orders the provisional and partial dismissal of the proceedings against the former PIL councilor Luisa Blanco. In her case, the judge kept her among the defendants in the order in which she concluded the investigation of this case, but neither the Prosecutor's Office nor the private prosecutions have filed charges against her.
"The existence of indications justified the deployment of investigative activity to clarify the criminal acts and identify the alleged perpetrators but, having reached the current procedural moment and exhausted the investigation, even if the indications persist, there is no possibility of obtaining new incriminating data that would allow to sustain a founded accusation" against Luisa Blanco, the judge argues in her new resolution.
Penalties of between 1 and 17 years in prison
In his indictment, the Prosecutor's Office requested penalties of between 1 and 17 and a half years in prison for 14 people. The highest penalty is requested for Dimas Martín, whom prosecutor Javier Ródenas points out as the leader of an illicit association dedicated to collecting illegal commissions. Of the rest, some have managed to reduce their sentence thanks to their confession and the "reparation of the damage", having returned all or part of the embezzled money. For the others, he asks for different penalties depending on their participation in the events.
The second highest penalty, of 17 years in prison, is requested for Ubaldo Becerra, while for Antonio Machín he claims 12 and a half years and for José Miguel Rodríguez 4 years, 7 months and 2 days in prison. As for Matías Curbelo, the prosecutor asks for 1 year and 4 months in prison and a fine of 96,800 euros.
As for the Arrecife officials, for the auditor Carlos Sáenz the Prosecutor's Office asks for 7 and a half years in prison, while for the former head of the Technical Office, Rafael Arrocha, he asks for 4 years and for the former head of Contracting, Elena Martín, he claims 2 years in prison.
Regarding the businessmen, the highest penalty is requested for Samuel Lemes (5 years in prison), followed by Manuel Gregorio Reina Fabre (4 years and 4 months in prison). For their part, the request for a penalty has been reduced for those who have confessed and repaired part of the damage, Antonio Gómez Ruiz and Jesús Manuel Martín Brito. For the first, the prosecutor asks for one year in prison and for the second 15 months.
In addition, he claims 2 years and 4 months in prison for the engineer Antonio Cárdenas, accused of fraud against the administration and of taking advantage of privileged information with serious damage to the public cause and fraud against the administration. Finally, he asks for 2 years and 3 months in prison for the businessman Juan Francisco Rosa for a continued crime of documentary falsification, in his case for "faking" a labor contract to Dimas Martín, so that he could get the third degree penitentiary. According to the prosecutor, "with this favor" to the historical leader of the PIL, Rosa "really paid something more than the payroll, masked a treatment of privilege and favor", to "obtain a negotiating advantage in the processes he had in the attempt to legalize the situation of his hotel complexes".
