Saint Joseph goes ahead in his attempt to recuse the judge Olga Reverte of the case that instructs on an alleged fraud in the works of the AVE to Murcia. The judge of the Second Section of the Provincial Court of Murcia he has the incident of recusal of the judge admitted for processing driven by the defense of two of the eight executives of the Galician construction company who had been prosecuted in the framework of this investigation.
The court gives one of lime and another of sand to San José. On the one hand, it admits this challenge to be processed when it understands that the order to initiate the abbreviated procedure by which the case was reopened had been drawn up by a Civil Guard. On the other hand, it dismisses the request for evidence that the San José executives had requested, such as the all the emails exchanged by the Civil Guard and the court officials from March 30, 2020 until now.
The judge sees six crimes
The defense movement of two executives of Saint Joseph requesting the recusal of Judge Olga Reverte occurred after the head of the Examining Court number 9 of Murcia reopen the case for the alleged fraud of the AVE to Murcia. It was last December when the opening of the intermediate phase of the abbreviated procedure was decreed to launch a cause that had previously remained in stand by After the Provincial Court of Murcia annul the order for which he prosecuted fifty executives (eight of them, from San José Group), as well as the Galician company itself and seven other construction companies.
The eight San José executives were being investigated for having committed alleged crimes of fraud, falsification of documents, belonging to a criminal organization, money laundering, offense of punishable insolvency and to be participants for profit in an operation why they could have diverted a total of 23 million euros.
From Acciona to Dragados and ADIF
In addition to the company led by Jacinto Rey, seven other construction companies (Acciona, Dragados, Sacyr, Tecsa, Neopul, Villegas and Hormigones Martínez) had been prosecuted, as well as two high-ranking officials Railway Infrastructure Administrator (ADIF) for a plot that revolved around a small Murcian construction company: Marimar Works. According to the judge’s order, this firm was entrusted with jobs that were never carried out, but that served to generate false invoices through which funds budgeted were diverted by ADIF.
“The unjustified difference by Constructora San José between the amount invoiced to ADIF (12.88 million euros) and the sum of costs contributed (9.5 million euros) stands out”, the order included, which revealed the existence of 3.4 million euros without justification in the works that the Galician construction company carried out in the section between Colada de la Buena Vida and Murcia.
“It can be said that Constructora San José could be criminally responsible for the crimes committed by those investigated who, in the exercise of social activities and on behalf and for the benefit of the company in which they worked, have been able to carry out the facts because the due control has not been exercised over them, taking into account the specific circumstances of the case ”, warned the judge. The order also stated that, “according to the ADIF audit report, they could have divert the amount of 6.32 million euros from public funds for this tranche”.
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