The sole administrator of Hormiconsa, Miguel Morales, has been sentenced by the Criminal Court Number 3 of Arrecife to one year and eight months in prison for a crime against land management and another of serious disobedience to authority. Specifically, one year for a crime against land management and eight months for disobedience. In addition, the magistrate condemns him to pay a fine of 15 months at a rate of 150 euros per day, that is, 67,500 euros, 22,500 euros less than what the Prosecutor's Office requested.
The sentence also obliges the promoter to demolish the three Hormiconsa warehouses, as well as a concrete plant and a crusher. "He must demolish what was illegally built and restore the property to its initial state," the document states, where it is explained that the Arrecife City Council must approve this requirement. In addition, the magistrate also sentences Morales to one year of special disqualification from exercising the profession or trade related to construction.
The trial against Miguel Morales was held this Monday and Tuesday in the Arrecife Courts. The Prosecutor's Office was asking for three years and seven months in prison for this promoter, considering that the works had been carried out "without a license" and on protected land, as it is in a jable passage area.
In the sentence, it is proven that "without having obtained prior territorial qualification and municipal building license", Miguel Morales built three warehouses "with their attached concrete manufacturing plants and crusher for construction materials". "The Island Territorial Planning Plan of Lanzarote prohibits these buildings. It is an undisputed fact that the construction is carried out on specially protected land without the required authorization", is stated in the document, which also indicates that the Technical Office of the Arrecife City Council certified that "there is no record of either a request or granting of a license" in said municipal department.
The magistrate considers that "the transformation of the plot" on which these facilities were built is "absolutely clear". In addition, she indicates that in the years 2004-2005 the crusher was erected and between that date and December 2006 the three warehouses and the concrete plant.
Furthermore, the sentence also emphasizes that the convicted person is from Lanzarote, owner of "several properties" since the 1980s, and is dedicated to the construction and real estate branch, which makes it "more than evident that he should know in which registry his property was, which was that of rustic properties".
Sealing
The sentence also includes the moment in which the Arrecife City Council imposed the sealing of the facilities, which was on October 3, 2005. Despite this, Miguel Morales assured "without any shame" during the trial that when the works were sealed "only the paving and part of the exterior pavement remained to be done". "I say this with shame because despite his statements, there is a statement from a technician from the City Council who affirms that, after the sealing, next to the already finished warehouses there is at least one that only has the foundations, made of iron, which cannot be confused at all with those that are part of the company's activity", affirms the magistrate.
"It would be a curious way of stacking if it were not because the expert said in the trial that when she went to the works they were still building one of the warehouses", it is stated. Therefore, according to the judge, "it cannot but be affirmed" that Miguel Morales "knew the meaning of the resolution and the consequences of the sealing". "Everything shows, without the slightest doubt, that he knew his obligation to immediately suspend the works and that, however, he continued with them, not limiting these to the construction of the sidewalks", considers the magistrate who, in addition, points out that Morales "disregarded the sealing of the works".
In this sense, the judge points out that the sole administrator of Hormiconsa "disobeyed the Mayor's decree, which ordered the immediate provisional suspension of the works". "He was violating the order duly given from the month of October 2005 until its complete completion. He opted for a stubborn attitude and continued them until their completion, carrying out illegal works while ignoring the requirements of the authority to stop them", it is insisted in the sentence.
The magistrate also makes it clear in this document that "there has been demonstrated a behavior of repeated and clear opposition, serious attitude of rebellion and persistence in the refusal to comply with the order or mandate" on the part of the promoter now convicted.
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[The prosecutor considers that the promoter Miguel Morales has been "unmasked" during the trial and raises the request for a fine to 90,000 euros->61129]
[Morales says he changed lawyers because she was "getting him into trouble"->61264]
["Although they weren't after me, I have been the one harmed"->61265]
