The municipal councilor of Mijas (Málaga) Juan Carlos Gonzalez (PP) was acquitted of his eight-month prison sentence for creating a fictional character in September 2018 to falsely denounce the mayor at the time, Juan Carlos Maldonado (Cs), and two councilors. Today, the TSJA acquitted him after the appeal filed by González’s representation and considered that There is no crime in what he did.
As shown in the judgment to which ABC had access, the Superior Court of Justice of Andalusia decided to revoke said resolution and acquit him of the crime of false denunciation of which he was accused.
More specifically, the TSJA reject proven facts in the judgment of the Court of Malaga which condemned him and understands that “the examination of the data which make up the complaint which establishes the factual account of the contested judgment shows that they cannot be qualified as false and that, therefore , they cannot be their sanction as constituting a false complaint.
He shares with the Malaga court that the complaint “was presented with clear evidence critical mood and even discredit in the eyes of the members of the municipal government team, including the mayor, and it is also true that this applies to the criminal qualification of the facts.
But, he insists on the fact that “the crime is not perpetrated because the complainant allows himself to be described as criminal an actbut its commission requires that this fact be objectively incardinable in a certain type of crime, in addition to being false.
The High Court of Andalusia concludes that “the objective content of the complaint reflected as criminal in the memorandum of the contested sentence does not have such a condition, therefore proceed to issue a sentence of acquittal.
For that, revoke the first sentence in the sense of acquitting him of the crime of false denunciation with which he is accused and, in addition, he maintains the acquittal agreed in the contested resolution concerning the crime of falsification of documents.
The postman and the complaint
The exedil, professional postman, filed a complaint on September 12, 2018 with the Malaga Public Prosecutor’s Office, addressed to Anti-Corruption, in which, under the false identity of Manuel RG, he reported that in 2017 the Mijas City Hall had organized a travel for retirees to the Algarve (Portugal) which was allocated, according to the document, arbitrarily.
The Mijas City Council had planned to organize a trip for elderly people residing in Mijas in May 2017, but a few months before, in February, the technician published a report in which he proposed to abandon the trip “considering that completion is not viable of the call for tenders within the time limit set for its holding” and the call for tenders was canceled at first instance.
Later the trial was reopened and on this occasion it was completed, and it was awarded to a travel agency and the accused “I had knowledge“, because he had participated, that during the plenary session of the City Council, held in the summer of 2018, the lack of contractual coverage of said trip had been repaired and paid for through the extrajudicial recognition procedure.
But according to the judgment, “no harm was caused none to the public coffers of the Town Hall, since the procedure was adjusted to legality, devoid of criminal and administrative relevance.”
The complaint was filed with the public prosecutor’s office under false identity of a person who does not exist and the Fuengirola Court of Instruction number 2 opened preliminary proceedings in November 2018 and ordered a series of investigations and investigative procedures.
After the investigations, the Civil Guard reported that the identity of Manuel RG didn’t match anyone and it was a false identity, so the instructor filed the case on January 17, 2019.
The Court affirms that the accused, who has always denied the facts, acted with “reckless disregard for the truth” and that he intended to accuse the mayor and two advisors in criminal matters “being aware, as PP advisor, that the alleged administrative irregularity reported had been resolved legally and precisely by unanimous agreement of the plenary session in which he himself participated”.
For the magistrates, the aim pursued with the complaint for infringement and exhaust the denounced politiciansYou in an “orchestrated maneuver” during the electoral period. But now, years later, González has been acquitted after not considering TSJA a crime in such events.
