The Public Prosecutor's Office has requested the provisional dismissal of the proceedings that are being followed within a separate piece of the "Unión" case with respect to 17 defendants. In a document dated July 21, the prosecutor Javier Ródenas requests the provisional dismissal of the case for Segundo Rodríguez, Dayran Muñoz, Alfredo Santiago Rodríguez, Celso Betancort, Demetrio Rodríguez Robayna, José Luis Betancort Acosta, María José García Acosta, Jorge Ramón Álvarez Pérez, Juan Jesús Acuña, Pedro Manuel Rodríguez, Ginés Parrilla, Manuel Arbelo, Fermín Curbelo, Joel Delgado, Carlos Morales, Víctor Alberto Sánchez and José María Pérez.
In that document, the prosecutor asks that this order of provisional dismissal be issued in this separate piece number 12 of this case, "due to the absence of probative material that justifies the pendency of this procedural stage in the absence of corroborating elements in the investigation, which legitimizes the possibility of requesting the opening of oral proceedings."
This piece focused on the alleged demand for illegal commissions by public officials and former public officials, especially in the area of the Arrecife City Council in the period from 2007 to 2009, but also from 2005 in some specific cases, to businessmen on the island whose economic interests would have been largely linked, in fact, would have depended on political decisions, according to an order of July 5, 2012.
The prosecutor specifies in his writing why it is not possible to base the accusation against some of these defendants. With respect to 13 of them, that is, everyone except the architects and Joel Delgado, the indications for the indictment came from reports from the UCO and the statement of the co-defendant Matías Curbelo. In this sense, he recalls that Curbelo declared in court in February 2010, "la participation in operations aimed at the irregular financing of the PIL in the year 2003-2007", a time when he was the person who performed the functions of campaign manager of the party.
Statements that "could not be corroborated"
However, the prosecutor states, the operations he recounted in that appearance, "many of them with little precision and disjointed", could not be corroborated by external data to his own statement and by specific records of the awarding of works. "Since there is no other material in the proceedings other than the personal statement of the co-defendant, it is not possible to base an eventual accusation on this single piece of data due to the lack of external corroboration of his personal statement," the prosecutor states.
Regarding Joel Delgado, PP councilor in Arrecife, the Public Prosecutor's Office assures that no "incriminating bias data has been accredited that allows him to be attributed illicit conduct in a contracting, that of his mother, which did not occur at any time."
Regarding the three architects accused in this piece of the "Unión" case, Carlos Morales, Víctor Alberto Sánchez and José María Pérez, the prosecutor insists that it is also appropriate to decree the provisional dismissal of the proceedings "because no material element has been obtained that allows attributing an agreement of wills between the architects and the public officials to defraud the administration in the awarding of the General Urban Planning Plan of Arrecife."
On the other hand, the prosecutor requests the practice of "indispensable" procedures to line up the "decisive" intermediate phase with respect to 22 defendants. In particular, with respect to Dimas Martín, Carlos Sáenz, Ubaldo Becerra, José Miguel Rodríguez, Antonio Machín, Yoana Cabrera Machín, Loyola del Mar Fernández Álvarez, María Luisa Blanco, Juan Rafael Arrocha, María Elena Martín, María José Docal, Matías Curbelo, Antonio Gómez, Jesús Manuel Martín Brito, Daniel Yeray Cañada, Manuel Gregorio Reina Fabre, Francisco Javier Armas, Eduardo Ferrer, Antonio Cárdenes, Samuel Lemes, Juan Francisco Rosa and Joaquín Herrera.
Sustain the accusation or adhere to the Prosecutor's Office
Faced with this writing from the prosecutor, the judge, in a provision and in response to the request from the Public Prosecutor's Office, requests that the remaining accusations in the case be transferred so that they can allege within ten days, in particular if they support the accusation against the aforementioned defendants, or adhere to what is requested by the Public Prosecutor's Office.
It also requests that Samuel Lemes be summoned to testify as an accused for an alleged crime of fraud, bribery, embezzlement, prevarication and falsehood in a commercial document, in view of the expert audit opinion of the works files of the company of his ownership for the allegedly excessive invoicing to the Arrecife City Council in the conditioning of the San Francisco Javier socio-cultural center. For this, September 12 is set at 10:30 a.m.
In this same provision, it is agreed to notify the director of the Tahíche prison so that within 10 days the full testimony of the documentation delivered by the inmate Dimas Martín for obtaining the third degree prison, in particular, the employment contract presented to achieve this objective.
