After the complaint of the PSOE of Carboneras, against Salvador Hernandez (Gicar), for the demolition of the Simon Fuentes school, and adjacent covered sports pavilion, the Court of Instruction 1 of Vera agreed to dismiss the case. The Prosecutor's Office didn't file an accusation because, after extensive investigation, it was not proven that there has been a criminal offense.
Europa Press consulted the car to document the abbreviated procedure. Neither the PSOE (which exercised private accusation) nor Felipe Cayuela, then Hernandez's Deputy Mayor and Councilor of the Treasury, have requested an oral trial.
According to the Public Ministry, the technical demolition report cited the school's poor structural condition due to its age and subjugation in the marine environment. It also warned of security problems because the school is "completely abandoned" with the remains of two fires that damaged the facilities. The same diagnosis was made for the sports hall.
It also states that Salvador Hernandez stated in his statement that he had acted "in conformance" with municipal reports. He explained that in 2015 an item for demolition of the school was approved by the municipal budget. However, Cayuela stressed the fact that demolition was fully approved in 2016.
The Prosecutor’s Office recalls that in 2020 it transferred to the court that there weren’t enough elements to support an allegation for an alleged crime. Prevarication refers to a report by the General State Intervention, issued later to determine if there were any "irregularities” in their behavior.
This report was provided to the case and concluded that the demolition file was processed "by reason of its amount, negotiated procedure to which four bidders were present", while three others were excluded because they did not accredit "technical solvency".
It is clear that the minimum requirements were set by the contracting authority, not by a municipal technion. The bidder should also have rectified "deficiencies in the documentation" that could have led to the desertion. Tender, but it is important to distinguish between "administrative impropriety" and "that go beyond and could involve a crime."
"Concludes the prosecutor.
The coal PSOE complained that the two had "unfairly managed a municipally-owned public asset" and that a private firm was proceeding with demolition "without being made aware of it, its administrative procedures, or its declaration to be in ruin."