The investigating judge number 1 of Mostoles opened an oral trial against the former mayor of Mostoles Noelia Posse and eight former city councilors for the alleged commission of a crime of embezzlement and misappropriation of public funds in relation to the ITV case for the remission of debt to the concessionary company of more than 2 million euros.
This is indicated by an order, to which Europa Press had access, in which the magistrate dictates the resolution by which the socialist will appear in the dock for the alleged commission of an offence of prevarication and embezzlement of public funds.
The resolution requires the defendants to jointly pay bail of 817,453 euros to cover possible financial liabilities arising from the trial.
The Móstoles-Fuenlabrada Regional Prosecutor’s Office presented its indictment in April, in which it requests twelve years of disqualification for the former mayor of Móstoles and eight former councilors. The prosecutor accuses them of the crime of prevarication under Article 404 of the Penal Code.
Last February, the judge who investigated the case issued an order agreeing to continue the preliminary proceedings concerning eleven people under investigation, including a civil servant and a businessman.
In the resolution, the magistrate first pointed out that the damage caused to public coffers as a result of the then Local Government Council’s agreement of October 20, 2020 is “evident.”
This agreement urgently approves the reduction of the concessionaire’s debt by 50%, the annual fee and the deferral until 2040 of the remainder of the debt at a rate of 30,000 euros per year.
In its writing, the Prosecutor’s Office points out that through the declaration of emergency, “they have included and unanimously approved by all its members the cancellation of 50% of the debt of ITV Móstoles, SL… the reduction of the annual contribution to 60,000 euros and the postponement until 2040 of the rest of the debt, without interest or increases, at a rate of 30,000 euros per year, and a final annuity of 15,000 euros.
“This agreement was adopted by the accused, despite once again the unfavourable report of the Controller who warned of the contradiction with the legal system of the same, and with a clear awareness of its illegality, since they had been warned that the credits of public law are not available by law,” he adds.
Furthermore, he indicates that in order to “try to externally give an appearance of legality that the accused knew he did not have, the agreement was adopted only with the report of the accused as well, Francisco Javier Torner, who issued a favorable “legal report” when he lacked the power to do so and to present it urgently, in order to avoid the mandatory reports of the Secretary General of the City Council and the Comptroller who had previously opposed the proposal.
“As a result of these events, with this agreement, the defendants caused economic damage to the City Council of Mostoles, by cancelling the debt of 615,000 euros and lowering the fee to 60,000 euros per year,” he emphasizes.
“The company ITV Móstoles, SL, whose administrator was the accused Mónica Ramírez Moreno Manzanero, not only benefited from the agreement adopted, having determined, with its request to the City Council of this same proposal, knowing its illegality, its adoption,” he concludes.
