The AN proposes to try 4 former mayors and 15 other people for rigging contracts in 14 Catalan municipalities

The judge considers that several Catalan consistories would have eliminated free competition with the help of the consultancy Efial

MADRID, 19 Ene. (EUROPA PRESS) -

The judge of the National Court (AN) José Luis Calama has proposed trying 19 people, including four former mayors of as many Catalan municipalities, for the alleged rigging of contracts in up to 14 town halls of the autonomous community in favor of the consultancy Efial and which would have involved a fraud that would amount to a total of 8,731,780 euros.

In the abbreviated procedure pass order, collected by Europa Press, the head of the Central Court of Instruction Number 4 leaves the former councilor of L'Ametlla de Mar Andreu Martí, the one of Torredembarra Daniel Massagué, the one of Vandellòs and l'Hospitalet de l'Infant Josep Jaume Castellnou and Ascó Rafael Vidal.

The magistrate explains that this case stems from an investigation initiated in 2013 in the Investigating Court Number 1 of El Vendrell as a result of a complaint made by the Anti-Corruption Prosecutor's Office in relation to possible irregularities committed in the public contracting of the Torredembarra City Council.

From those proceedings, several pieces were filed in the Court directed by Calama that have been processed and that now concludes with the transfer to the abbreviated procedure of the main investigation. It should be remembered that in March of last year the magistrate also concluded another of the pieces that affected seven municipalities of the Community of Madrid.

In the line of investigation that now concludes, the judge focuses on the company Efial Consultoría. According to the magistrate, his arrival at certain local corporations constituted a "valid tool to achieve direction in the awarding of contracts and eliminate free competition."

In the order, the magistrate details the actions of those responsible for this company and those investigated from the affected municipalities, highlighting "the fraud committed through this illegal form of contracting", which would amount to a total of 8,731,780 euros.

In this context, the judge recounted that the professionals linked to Efial repeatedly issued reports that were intended to contradict those previously issued by the supervisory bodies, specifically by the auditor and the secretaries of the town halls.

In this way, adds Calama, "an apparent cover of legality was granted to certain decisions and resolutions that in some cases have been shown to be contrary to the law."

"That is to say, they shield their activity through reports commissioned ad hoc to professionals in the field, related to Efial, supposedly in order to favor it directly or indirectly, having detected meetings during the investigation between these professionals, representatives of Efial and positions and officials of the local administration, arranged in a specific place, supposedly with the aim of altering bidding or public tender procedures", he explains.

Thus, the judge adds that "their integration into the functioning of the town hall", becoming classified "as a parallel town hall, supposes a progressive and growing escape from administrative law, using certain tools in order to avoid any type of administrative control, as well as in order to circumvent the different regulations that regulate the functioning of public administrations".

The mechanism of action, according to Calama, was through the creation of the figure of the Public Business Company (EPE) which, in his opinion, "allows a significant relaxation of administrative control" as well as "a lesser degree of submission to the regulations on public procurement".

All these facts are typified, says the magistrate, as crimes of administrative prevarication and embezzlement of public funds. Regarding the latter, Calama clarifies that the punishable acts were committed prior to the 2015 reform, so the regulations in force at the time of the events must be followed.

On the other hand, the judge indicates that there are no indications to consider that the contracts in the Vilassar de Dalt (Barcelona) and Tárrega (Lleida) City Councils with Efial have a criminal nature. Therefore, he agrees to the provisional dismissal for David Peris and Jaume Sabater due to lack of sufficient evidence.

After having issued the order to pass to the abbreviated procedure, the Public Prosecutor has a period of ten days to request the opening of an oral trial with the presentation of the indictment or, if it considers it, the file.