I was struck by the fact that Magistrate Doreste, in his very particular dissent against the referral of the Grúas Case to the courts of La Laguna, emphasized that the jurisdiction applied to Clavijo as a resource, as "the only opportunity to avoid being charged," "since the court's decision is to consider him as such." These statements only confirmed what Clavijo's emissaries had been proclaiming in the corners for a long time: that the TSJC would close the Grúas Case. The only forecasting error of the Regime was to identify the TSJ with its president.
Another defendant, José Alberto Díaz, already acknowledges that the Grúas Case will be "a longer process than expected by his party," a hope (Latinized as spes in Doreste's dissenting vote) surely based on the imaginary theory of Law in which the president of the TSJC himself operates so comfortably.
José Alberto Díaz's party, Coalición Canaria, has based its entire disinformation strategy on trying to hide: a) the resolutions issued on appeal by the Provincial Court of Tenerife --which the vulgarity of official propaganda has even accused of "interfering" with the work of the Investigating Court-- and b) trying to reduce the Case to the illegal granting of a loan of 120,000 euros to a defaulting and insolvent private company, which should have had its Crane Service concession revoked as a legal and contractual sanction.
It should not be forgotten that, when Clavijo was making the decisions for which he is going to be investigated, several owners of that defaulting and insolvent company were already (and still are) being investigated for having created an Internet sales system for vehicle parts removed from public roads and deposited under the custody of the City Council. Quite a period piece.
Anyone who has wanted to know the Case (an interest from which I exclude the Regime's press) will have been able to verify that the granting of the loan, even if it is indicatively criminal, is not the most serious thing that Clavijo and his collaborators did in this matter; but rather a) refusing to rescue the service and immediately call a new tender to select a new concessionaire; and b) granting a new extension that, with the contract in hand, would allow Auto Grúas Poli S.L., then owned by Clavijo's friends, to retain the concession until 2029 at a rate of 650,000 euros/year.
That the Grúas Case is not the most serious case of corruption being handled in these asirocated Islands is evident. But that it has sufficiently criminal entity, and constitutes a textbook example of the colonization of the Institutions by ATI-CC, is also true. And whose denunciation and investigation are based on public documents and not on telephone conversations, as happened in the Corredor Case. And what is written, is written.
The Provincial Court, the highest criminal jurisdictional authority in Santa Cruz de Tenerife, decreed the reopening of the investigation (recording the criminal indications: malfeasance, embezzlement of funds, and influence peddling) and the indictment of José Alberto Díaz, after the Court limited itself to citing Pérez-Godiño, the last in the chain of command, as a person under investigation, and refused to indict the current mayor, then Clavijo's direct lieutenant.
José Alberto Díaz, therefore, is charged by decision of the Court resolving the appeal we filed against the Judge's refusal to declare him under investigation. And that circumstance considerably reduces the Court's margin to exonerate him. And, consequently, to exonerate Clavijo, who is the real main actor in this whole story.
Neither José Alberto nor Tito should worry because Ana Oramas has expressed her desire that "the case be resolved and archived in March, at least as far as the president is concerned." Oramas, whose ignorance about the Grúas issue does not make her moderate her condition as a compulsive liar, has implied that they would be willing to leave Clavijo's subordinates stranded on the side of the road. But no: it would be a legal aberration for the executors to remain charged and not the one who gave the orders.
I am sorry --for Díaz and Godiño-- that due obedience can no longer serve as a cause of justification for the crime, not even in the Armed Forces. That is what happens in democratic societies.
There was a time when the Grúas Case seemed like a case of crime without an author; but that was a long time ago. The mere indictment of Pérez-Godiño prefigured from that moment on those that would come later. Everything else has been Clavijo's upward-creeping maneuvers to get the Case out of the natural and original courts and put it in Doreste's hands.
From now on, the defendants have to choose between sharing unity-of-destiny in criminal matters or defending themselves individually. And they know it. Perhaps that is why José Alberto Díaz let slip that everything will be clarified in the oral trial.
It will be, then, in the oral trial where the contradictory evidence will have to be practiced, since during all the interrogations of the Instruction the defendants have been refusing to answer the questions of the prosecution, something that Clavijo will predictably also do, despite the fact that he has also said for the gallery that he is willing as always to collaborate with justice.
It will be in the oral trial where Clavijo will be able to fully exercise his right to effective judicial protection, which consists of the right not to be convicted without legally obtained evidence. And where the popular prosecution will also be able to exercise the right to effective judicial protection of the legality and the legitimate interests of the citizens of La Laguna, of which we who exercise the popular prosecution are representative officials.
And, unless Díaz and Godiño renounce defending themselves, it will be in the oral trial where it will be proven who was the scriptwriter and director of the play: the one who has real power and commits real crimes, even if he insists on acting like an eternal adolescent and believes himself to be the smartest in the class.
Because the Grúas Case consists of Clavijo's use of the power that the citizens delegated to him as mayor for the benefit of a company owned by his friends. And against the law and public interests.
Therefore, everything that the hierarchs of the Regime, the leader of the 3,000 homes in Seville, and the orchestra of suckers who act as their chorus are saying these days is nonsense. Just nonsense.
By Santiago Pérez