The president of the Cabildo and the Island Water Council, Pedro San Ginés, declared this Friday before the judge that he was not the one who drafted the resolution ordering the seizure of the desalination plant of Montaña Roja, for which he is charged with a crime of prevarication and another of coercion. He even stated that he does not know "for sure" who drafted it. "I don't know who the material author is. It could have been the manager of the Council (José Juan Hernández Duchemín), the secretary (Pancho Perdomo) or the external lawyer himself (Ignacio Calatayud). Or maybe all three participated," he said.
According to San Ginés, he "never prepares the resolutions" that he signs, but he signed it because he "assumed its content". In his statement, he stated that he "does not have specific legal knowledge" and that he has the knowledge of administrative law "inherent to the diploma in business studies", which are the studies he has.
Regarding the lack of legal reports to support the decision he made to seize the desalination plant, San Ginés once again pointed to Pancho Perdomo and Ignacio Calatayud, assuring that both had advised him "verbally". "The secretary confirmed to me that this precautionary measure could be adopted and that it could be carried out without judicial authorization, which was what generated certain doubts for me," San Ginés told the judge.
"The secretary indicated to me that the report was not mandatory"
In addition, he also insisted that it was the secretary who told him that legal reports "in writing" were not necessary to order the seizure of the desalination plant and the Club Lanzarote treatment plant. "He indicated to me that it was not mandatory," the president assured. Later, when at the request of the prosecutor he was shown a report and asked if the need for a prior legal report to adopt this measure did not arise from it, San Ginés replied that he had "legal report verbally at first and then ratified in writing." He was referring to the report that he himself commissioned when he had already executed the seizure of the plant, and which was prepared by Ignacio Calatayud and assumed by the secretary of the Cabildo.
Asked about his experience processing other sanctioning files, the president replied that "he could not say the exact number", but stated that "verbal advice is frequent in many of his daily decisions, especially when a written report is not mandatory." However, also in response to questions from both the judge and the prosecutor, he admitted that it was "the first time that a precautionary measure of seizure of a hydraulic installation had been adopted."
In addition, answering other questions, he acknowledged that he knew that this decision "was going to be a controversial and complex issue." In fact, he argued that for that reason, on the same day that he signed the resolution, he had personally assumed the powers in matters of sanctions, which were delegated to another councilor, "who had recently taken possession of her seat in the Cabildo."
Asked if there was a "physically formed" file that gave rise to the resolution he signed ordering the seizure, he replied that he does not know. "I understand that there should have been", added the president, despite the fact that this file does not actually exist and, in fact, the resolution in which he orders the seizure is the same one in which he orders the opening of a sanctioning file.
"It was legally protected, or at least that's what they told me"
"The measure was legally protected, or at least, that is what both the external legal advice of the lawyer Ignacio Calatayud and the advice of the secretary of the Cabildo, the Council and the Consortium conveyed to me," the president reiterated during his statement, once again pointing to Pancho Perdomo and the lawyer who has been hired by the institution to carry out different lawsuits and procedures under his mandate.
In addition, the president once again pointed to Duchemín by stating that his resolution "was motivated by the prior report of the manager of the (Island Water) Council." In that report, José Juan Hernández Duchemín, who is also charged in this case, proposed the opening of a sanctioning file against Club Lanzarote for three alleged minor offenses and one less serious offense and proposed adopting precautionary measures, although he did not speak of seizure. That word appears for the first time in the resolution signed by San Ginés.
In his statement, the president also assured that he "did not decide the specific moment, nor the form or the people who should carry out the taking of possession" of the plant, although he added that "he was in permanent contact with the managers of the Consortium and the Council and with the mayor of Yaiza herself." He referred to Gladys Acuña up to twice in his statement, also stating that it was she who asked her to have Local Police officers go to Montaña Roja to execute the seizure of the desalination plant.
"I feared sabotage of the facilities"
"I requested assistance in case it was necessary to carry out the material order of seizure," San Ginés stated in the Court, explaining that he did so because "the attitude of Club Lanzarote suggested that it was not going to voluntarily agree to the delivery." In addition, he argued that the procedure was done "urgently" (between the first report of the manager of the Island Water Council proposing the opening of a file and the seizure of the plant, 48 hours passed) "to guarantee the supply and prevent any anomalous situation from occurring." And it is that according to San Ginés, "he feared that the facilities would be sabotaged by Club Lanzarote" or that the company itself "would render the facilities unusable."
Before finishing his statement, San Ginés also wanted to "record" that when he ordered the seizure, "he had indications of the existence of illegal discharges and alleged crimes against the environment committed by Club Lanzarote", although he himself admitted in the Court that he did not make any reference to it in his resolution, and neither did Duchemín's prior report say anything about it. Nor did San Ginés go at the time to report these alleged indications of crime, although he has done so now, a year later, coinciding with his indictment for the seizure of the plant. In fact, he has made this news public at the doors of the Courts, just after giving a statement.
