"TATO" RODRÍGUEZ WILL ANSWER FOR ALLEGED URBAN PLANNING MALFEASANCE

The Urban Planning Councilor of Yaiza, new defendant in the Stratvs case

José Antonio Rodríguez has been summoned to testify for two alleged crimes of urban planning malfeasance, one by action and the other by omission. His name has appeared in the winery's file...

January 21 2015 (19:48 WET)
The Councilor of Urban Planning of Yaiza, new defendant in the Stratvs case
The Councilor of Urban Planning of Yaiza, new defendant in the Stratvs case

The Urban Planning Councilor of Yaiza, José Antonio Rodríguez, has just joined the list of defendants in the Stratvs case. In the final stretch of the investigation, Judge Silvia Muñoz has agreed to summon him to testify on February 2, to answer for two alleged crimes of urban planning malfeasance, both for his participation in the file that authorized the winery, and for an alleged breach of his duty to act against the "activities that were being carried out illegally" in Stratvs.

José Antonio (Tato) Rodríguez was for years Urban Planning Councilor under the Mayoralty of José Francisco Reyes, when dozens of illegal licenses were granted, especially in Playa Blanca. Now, he continues to hold that same position under the agreement between Nueva Canarias and the PIL, with Gladys Acuña as mayor. Although he has been responsible for the Urban Planning area in Yaiza for the last two decades, until now Rodríguez had not had to answer before the courts in any of the open criminal cases, since the mayor was the one who signed those illegal licenses. However, in the Stratvs case, the councilor's name has appeared in the file.

Specifically, José Antonio Rodríguez signed a decree on June 28, 2005, acting as accidental mayor in replacement of Reyes. And with that decree he authorized an extension of the license, as well as the transfer of the same to one of Juan Francisco Rosa's companies, which until that moment had not appeared as a applicant for the permits.

 

Alleged crime by omission


In addition, at the request of prosecutor Ignacio Stampa, the judge also accuses Rodríguez of another alleged crime of urban planning malfeasance by "omission". Specifically, the judge's order refers to the "arbitrary absence of measures as Urban Planning Councilor regarding the activities that were being carried out illegally in the Stratvs complex".

The crime by omission is included in article 11 of the Penal Code, which punishes those who, having an obligation to act, do not do so, and those who, with that inaction, also cause a detrimental effect on the "legally protected asset".

Along with José Antonio Rodríguez, there are already twenty defendants in the case, including both former mayor José Francisco Reyes and the current mayor, Gladys Acuña, who was the one who granted the opening license to the winery. Also accused are three other councilors who then constituted the Governing Board (Juan Lorenzo Tavío, Evaristo García and Leonardo Rodríguez). In addition, among others, there are accused technicians from both the Cabildo of Lanzarote and the Government of the Canary Islands, as well as Juan Francisco Rosa himself.

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