Seven years after his indictment and more than a decade after the alleged crimes occurred, a judge in Seville this week filed a pending case against the last socialist mayor of Granada, Francisco Cuenca. The politician, now in the opposition, was accused of various crimes allegedly committed during his period as provincial delegate of Economy and Innovation of the Junta de Andalucía, specifically related to the hiring of individuals to carry out control and inspection work on the Courses of Education. Occupational Training in Social Economy organized by the Board during 2010, 2011 and 2012, tasks attributed by law to officials. The court now decrees the free dismissal of Cuenca, who was facing possible crimes of prevarication, falsification of documents or fraud in administrative contracting.
The filing of the case also affects nine others of the 19 originally investigated in the case. The judge files the matter for 10 of them and then agrees to open an oral trial against the remaining nine defendants, to whom he charges alleged crimes of administrative prevarication, contracting fraud, document falsification, and negotiations and activities prohibited to public workers. He also requests that they pay bail ranging between 3,700 and 8,200 euros to ensure the responsibilities that could be imposed in the sentence after the oral trial. The events investigated occurred when the Andalusian Government was governed by the PSOE and the complaint came from the Andalusian Union of Civil Servants.
Now, when the case is over for Cuenca, who serves as municipal spokesperson for his party and head of the opposition in the Granada City Council, his party has asked the PP to apologize and has recalled the coincidence of the dates of accusation and filing. with politically relevant moments. Ana Muñoz Arquelladas, president of the Provincial Executive Commission of the PSOE, commented: “Now it is time to apologize, especially to those from the PP who launched a political persecution without respecting the presumption of innocence. The PP failed him on two occasions in the plenary session of the city council and very thick and miserable words were heard. Francisco Cuenca was charged three months after being charged as mayor and his case has been archived three months after he ceased to be mayor. Coincidences do not exist. Get your own conclusions”.
In the filing order, the reinforcing judge of the Court of Instruction 6 of Seville indicates that contracting matters that could only be carried out by officials were left in the hands of private individuals but, in view of the fact that the prosecutor’s office does not request the indictment of Cuenca and Of the other nine people, it is not appropriate to charge them. “The corresponding officials – investigated in this case – of the Andalusian Government, through the contracting of services to be provided by individuals, would have used different contractors, natural and legal persons, to carry out those tasks despite the fact that the execution of “They would be part of the powers that are reserved by the legal system to public officials.”
Thus, according to the judge, they proceeded “in an unfair and arbitrary manner to attribute to those private contractors the holding of public functions, that is, functions that the Law attributes—on an exclusive and exclusive basis—to members of the Public Service.” And he adds that “the illegitimate attribution of public functions would have been accompanied by the delivery of administrative documentation consisting of models of minutes and reports, subsequently used by each contractor in the exercise of the entrusted functions and attributed powers.”
In relation to the former mayor of Granada, the judge does not now evaluate his performance. There were previous proceedings that specified that, in his capacity as provincial delegate of the Ministry of Economy and Innovation of the Board, “he would have carried out the illicit contracting of the monitoring, control and verification services of the execution of the Vocational Training Courses for the Social Economy in the province of Granada during the years 2010 and 2011″, “so it is not appropriate to decree the opening of an oral trial against them.”
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