The manager of the Island Water Council of Lanzarote, José Juan Hernández Duchemín, is not only still charged in the Stratvs case, but also the judge has seen indications of new crimes that have nothing to do with the cause for which he was called to testify, and in which other public officials of the Cabildo of Lanzarote could be involved.
After listening to Duchemín's testimony, Silvia Muñoz has decided to transfer his statement and these new indications to another Court, to investigate whether alleged crimes of malfeasance and/or embezzlement have been committed in the payments made by the Cabildo to this official. And it is that in the Courts, he himself acknowledged that he holds several positions in the Corporation that would be incompatible, and that he charges for all of them.
In her order, the judge recalls that the Statute of the Island Water Council, approved in 1997, specifies that the position of manager is "incompatible with that of other public or private functions also remunerated". However, Duchemín stated that in addition to that one he holds "other positions in the Cabildo and they are important". Specifically, he specified that he is also "secretary of the fire consortium", that he performs functions "in the Tourist Centers" and that he is "assigned to the General Secretariat". And for all this, he "receives the corresponding remuneration in payroll", as he explained himself.
Studies of "Baccalaureate and COU"
During his statement, the judge also asked him about his training to hold these positions, to which Hernández Duchemín replied that he has "Baccalaureate and COU". In addition, despite being manager of the Consortium, he does not have "any diploma", not even "a course" related to water. "Ask the person who appointed me why he appointed me", "and I do not have to judge whether he was competent or not. It was a provisional appointment to save a situation, which was that the manager who was there was retiring", Duchemín replied to questions from prosecutor Ignacio Stampa.
That "provisional" appointment (through a decree signed by the then vice president of the Cabildo, Fabián Martín) was made in 2008, three months before the official favorably reported on the Stratvs discharge system. Seven years later, Duchemín is still manager of the Consortium, in addition to holding other positions that practically make him the second most influential official within the Cabildo, only behind the secretary, on whom he directly depends.
A situation "known" by the president and the secretary
In her order, the judge points out that this situation was "known both by the institution and by its legal and administrative service", so there are "indications that the due control has been omitted". Among other things, she emphasizes that the secretary of the Cabildo is the same as that of the Water Council, Pancho Perdomo, and the Cabildo and the Council also have the same president, who is currently Pedro San Ginés. Therefore, she considers that both should know that Duchemín was providing services in both organizations, and charging for it, despite the fact that the position of manager is incompatible with any other.
For all this, and given that these facts are not related to what is being investigated in the Stratvs case, the judge orders that his statement be transferred to the Investigating Court that corresponds by turn, so that it opens proceedings and investigates whether possible crimes of malfeasance and embezzlement of public funds have been committed. This measure had been requested by the popular accusation, represented by the Urban Transparency association, and also by the Public Prosecutor's Office, which adhered to that petition that has now been attended to by the judge.
"He handled the legislation more or less"
Although Duchemín was summoned to testify as charged for having favorably reported on the authorization of the Stratvs discharge system, a good part of his interrogation ended up focusing on this new front that he himself opened, by detailing his different positions in the Cabildo. As the judge emphasizes in her order, Hernández Duchemín "stated to the Court in a detailed and concrete manner the remuneration he received" for each of those positions and acknowledged "knowing that this was contrary to article 23 Decree 135/1997 of July 11", that is, to the Organic Statute of the Island Water Council.
Regarding his appointment as manager of this body, the official himself ended up pointing out that he was "surprised", although according to him he was appointed because "the water legislation is very broad" and he has "facility to handle it". "As I handled the legislation more or less, they appointed me", he stated.
However, he also explained that a legal advisor has also been hired in the Island Water Council, "for a specific mission, for sanctioning proceedings", because "the issue of water legislation is extremely complex".
He "trusted" Rosa's reports
Regarding the issue that had led him to testify as charged, the authorization of the Stratvs discharge system, Hernández Duchemín stated that he based himself on a private report provided by Juan Francisco Rosa himself, carried out by Consultores Canarios. "The administration has to trust the citizens, who are the ones who have to present the self-controls", the manager of the Island Water Council argued in Court.
That report, carried out by the company based on a sample provided by Rosa himself, contradicted the previous opinions of technicians from the public administration, who warned of a high degree of contamination from the winery's discharges. "If the man has falsified the data, it is not my problem", Duchemín responded in this regard. "I trusted that the parameters had dropped and that's it".
Regarding why periodic controls were not continued afterwards, despite the fact that the authorization contemplated it, the manager alleged that he spent a period of leave due to an operation. Neither before that leave, nor afterwards, did he order that samples be taken. And he also did not take measures when the authorization, which was provisional for six months, expired. Despite this, Stratvs continued to operate for more than five years, until December 2013, when the judge ordered its precautionary closure.
