He served for several periods as secretary-interventor of the Yaiza Town Hall, but he has no "technical preparation" or "higher education". That is what one of the four defendants in the separate piece of the Yate case alleged, for the alleged embezzlement of almost one million euros from Yaiza with payments to Felipe Fernández Camero. Like the rest of the defendants in this separate piece of the Yate case, Antonio Fernández Martín appealed the order that ended the investigation of the case, but the Provincial Court has just rejected his request.
"There is no doubt that he authorized several payments, even sporadically over several years, and his signature appears on various documents as municipal auditor, who is the one who has to control the regularity and control of public spending. He cannot therefore claim ignorance of the functions of that position when, for at least ten years, he has been authorizing payments, even if it was covering vacations or vacancies", concludes the Court's order.
In his appeal, Antonio Fernández Martín requested the free dismissal for him and alleged that as acting secretary, he "only made nine payments" to Fernández Camero, and that "it is not recorded in the case that he knew that the hiring was irregular". He even appealed to his lack of "technical preparation to discern the illegality of the hiring". In addition to representing the Town Hall in several lawsuits, Felipe Fernández Camero received a fixed monthly sum of around 2,000 euros. That amount corresponded to alleged advisory work that, according to the investigation, would not have been actually provided.
"He is an administrative assistant, without higher education and, therefore, he can hardly knowingly commit any act that affects the figure of administrative prevarication", said the defense of this municipal worker, now retired, who maintains that it was not his responsibility to "exercise control and supervision of the price paid" to Camero for his services. However, the Court considers that this was precisely his responsibility when he accidentally assumed the position of secretary-interventor, so it concludes that he must go to trial along with the other three defendants: Camero himself, the former mayor José Francisco Reyes and the former secretary-interventor, Vicente Bartolomé Fuentes. For them, the Prosecutor's Office requests 6 years in prison, while for Antonio Fernández it requests 5 years and 9 months.
Charged shortly after signing a certificate
In his appeal, Antonio Fernández also questioned that he was charged in this procedure when the investigation was practically concluded. Therefore, he raised a supposed violation of the right of defense, having had to testify "without knowing the entire case" and without "having participated in the investigation". In this regard, the Court recalls that precisely his statement was delayed at the request of his defense, so that he could "have knowledge of the extensive actions taken". In addition, it adds that "he finally testified and answered the questions", without alleging any defenselessness at that time.
Regarding his indictment, the order recalls that it actually occurred when the investigation was already advanced. The name of this worker appeared from a certificate signed by him and provided to this case by the defense of Fernández Camero, in December 2012. In that certificate, Antonio Fernández signed as acting secretary of the Town Hall and assured that the lawyer did provide the services for which he charged nearly one million euros from Yaiza.
According to the Prosecutor's Office, that certification was "entirely mendacious in its content and form", since when it was prepared, Antonio Fernández Martín was not even effectively acting as secretary. Shortly after, Fernández Martín himself was charged in the case, since it was detected that some of the payments to Camero were authorized by himself, when at some points during the period under investigation he did replace Bartolomé Fuentes as secretary-interventor.
"The appointment does not justify any subsequent illegality"
In addition to rejecting this appeal and the one presented by Fernández Camero, the Court has also dismissed the one by Vicente Bartolomé Fuentes. In his case, he alleged, among other things, that when Fernández Camero was appointed as advisor to the Town Hall, in August 1980, he was not yet secretary. And he added that when he stopped being so (after being disqualified by a judicial conviction), Camero continued to be paid "according to the same operation used until then and without opposing any objection".
In this regard, the Court points out that "what is imputed to the defendants is the maintenance of said situation", since "there is no record of any hiring file or employment contract during the years 1996 to 2008", which are the ones being investigated and the ones that would not have prescribed.
"It is true that they find themselves with a de facto situation already created previously", but "this does not exonerate them, in principle, and given the positions they held, which placed them in a position of guarantors of the public interest, from ensuring that this de facto situation ended or, if deemed necessary, was adjusted to the regulations in force on that date. That first appointment, in short, cannot serve as support for any possible subsequent illegality", concludes the order.
As for the fourth defendant, José Francisco Reyes, his defense did not file an appeal against the order that ended the investigation of the case, but he adhered to those raised by Vicente Bartolomé Fuentes and Antonio Fernández Martín, which have been rejected.
