The Court of First Instance and Instruction number 1 of Móstoles has proposed to try the former mayor of Móstoles, Noelia Posse, eight former councilors, a public official and a businessman for the alleged commission of a crime of prevarication in relation to the ITV case for condoning a debt to the concessionaire company of more than 2 million euros.
This is stated in an order, to which Europa Press has had access, in which the magistrate agrees to continue the processing of the preliminary proceedings regarding eleven investigated for the abbreviated procedure procedures for a crime of prevarication of article 404.
This procedural step prior to the opening of the oral trial, which gives rise to the intermediate phase of the procedure, occurs after the Provincial Court of Madrid ordered the instructor to prosecute the former socialist mayor and seven councilors of the Government Board when considering that the existence of indications of a crime of administrative prevarication could not be ruled out.
In the resolution, the magistrate first emphasizes that the damage caused to public coffers as a consequence of the agreement of the then Local Government Board of October 20, 2020 is “obvious”.
Said agreement approved urgently reducing the concessionaire’s debt by 50%, the annual fee and the deferral until 2040 of the rest of the debt at a rate of 30,000 euros per year.
He then indicates that he is “facing a public law credit and, as the auditor’s reports indicated and taking into account its nature, it was excluded from the pre-bankruptcy phase and was unavailable.”
Thirdly, it mentions that the reports that, although not binding but were mandatory, were those of the Comptroller and the Secretary and although they reported against their reports, they were not taken into consideration but instead the opinion was taken into account. from an external advisor”.
“Therefore, a priori and from the procedures carried out, it appears that the JGL approved an agreement knowing that it was detrimental to the City Council, taking into consideration a report issued by Mr. Torner, who was not the one who should have made that report, being the service concessionaire the beneficiary of that agreement that has caused obvious damage to the public coffers”.
