The Anti-Corruption Prosecutor's Office, which has just requested 2 years and 3 months in prison for Juan Francisco Rosa in the Unión case for continued forgery of a public document, believes that the businessman intended to do more than just do a "favor" to Dimas Martín by "faking" an employment contract so that he could obtain third-degree prison status. "With this 'favor' he was really paying more than the payroll, masking a privileged treatment and favor", says prosecutor Javier Ródenas in the indictment of piece 12 of the Unión case.
Specifically, according to the prosecutor, Juan Francisco Rosa's objective was to "obtain a negotiating advantage in the processes he had in the attempt to legalize the situation of his hotel complexes." In his writing, Ródenas refers to the case of Princesa Yaiza, which is one of the businessman's illegal establishments. Added to this is another hotel, in addition to the Stratvs winery and the Marina Rubicón marina, which the Prosecutor's Office has already requested to be declared illegal in another case.
In his writing, the Prosecutor's Office recalls that Dimas Martín needed to present an employment contract and prove "that he was fit to develop a working life away from crime" in order to obtain third-degree prison status. However, according to the prosecutor, "not only did he not stop committing crimes, but the very signing of the employment contract was in itself criminal, since both defendants were fully aware that Dimas was not going to perform or did not perform any work activity for Juan Francisco Rosa."
"You have to assert yourself with Fabián"
In the first part of the summary of Operation "Unión", Rosa appears in several telephone conversations with Dimas Martín, which were being recorded by the UCO, talking about the situation of the illegal hotels owned by him in Playa Blanca. In one of them, he tells the PIL leader that he has to "assert himself" with Fabián (referring to his son Fabián Martín, who at that time was vice president of the Cabildo and governed together with the PSOE).
"The madness is that I owe 60 million euros to the (unintelligible word) of Yaiza and the interest runs every minute. And the Foundation, I already received yesterday from the Chamber saying that they give me eight days to appeal the issue. Again Felipe Fernández, invoices for eight thousand, invoices for ten thousand, invoices for twenty thousand euros every two by three", says Rosa at one point in the conversation, referring to the request made by the César Manrique Foundation for one of the sentences that declared his hotels illegal to be executed. "I don't understand that with the strength you have had, this has not been fixed", Rosa tells Dimas Martín at one point in the conversation.
In addition to that allegedly fictitious contract to Dimas, which has resulted in an accusation of document forgery, the prosecutor also emphasizes that Juan Francisco Rosa "generously contributed outside of legal channels to the financing" of the PIL (although that does not constitute a crime for him). He is referring to the important "donations" that Rosa made to the party. According to the judge in one of the Unión orders, Rosa made contributions to the PIL "of up to 60,000 euros" for each of the 2003 and 2007 election campaigns.
Rosa acknowledged that the contract was false
During his statement in the Courts after being arrested in the Unión case, Juan Francisco Rosa came to acknowledge that the employment contract he signed with Dimas Martín was not real and that he did it "for humanitarian reasons", so that he could obtain third-degree prison status, but that he did not really work for him. In fact, he admitted that "Dimas' functions in his company were null", that they did not even pay him the payroll and that "he does not want Dimas even close".
During that statement, who was then his lawyer in this case, Felipe Fernández Camero (who later became one of the defendants in the Unión case), asked his client up to twice not to talk more about the matter, since the judge himself warned him that he was admitting an alleged crime of document forgery.
For his part, Dimas Martín assured in the Courts that he was really an employee of Rosa. In his case, although he could not specify for which specific company he worked or what professional category he had, he did assure that he charged "in cash a payroll of about a thousand and something euros", that he "had a lot of freedom" and that he dedicated himself to going "around the farms and the hotels".
In total, Juan Francisco Rosa signed two employment contracts for Dimas Martín through Galerías Rosa, one in December 2007 as "general manager" and another in December 2008 as "administrative assistant in the furniture trade sector". And in both cases, according to the prosecutor, it was "a ruse, a fallacy to Penitentiary Institutions, to obtain, through an apocryphal contract, a right that did not correspond to him, since there is no greater awareness of non-rehabilitation than the one who thinks of committing a crime to achieve the third degree".
Therefore, he accuses both of a continued crime of forgery of a public document, since the contracts were not only presented by Dimas to Penitentiary Institutions "to deceive" this body, but were also registered in Social Security, when registering him as an alleged worker, and before the Employment Institute.
"Loans" to the PIL and Dimas' wife
Regarding the allegedly illegal payments that Juan Francisco Rosa made to the PIL, the businessman denied before the judge having made "economic donations" to a political party. "I have made loans, but some I have not collected and I don't think I am going to collect them", he said in his statement. Later, when he was asked directly if he had delivered during the election campaigns "amounts close to 60,000 euros", he went on to answer that "he does not remember".
What he did admit is having lent money to Dimas' wife, Elena Martín. According to Rosa, he lent her 6,000 euros in 2007, and "Dimas' daughter or wife signed". He made the delivery "in three checks" and as of the date of his statement in the Courts, he had not recovered the money "nor did he believe he was going to collect it". He had not even required payment. "The woman would die of shame", Rosa declared.
In addition, the investigation of the Unión case also revealed that the family homes of Dimas Martín in Guatiza and Los Lajares "were in the name of Juan Francisco Rosa". This was admitted by Dimas himself in one of his statements, in which he stated that the businessman "let" him and his family "live there" "forever".
In fact, that was the main reason for Rosa's arrest at the time in the Unión case, since the then investigating judge understood that the businessman could help "hide Dimas' true assets", who declared himself insolvent so as not to face the sentence of the agro-industrial complex, for which he had to pay 2.4 million euros. And according to the Anti-Corruption Prosecutor's Office and the Investigating Court, all this was done "as a favor or benefit to Dimas' political activity", given the power he had over the public officials of the PIL, so that he would favorably influence his interests.
