One of the separate pieces of the ‘Brugal case’, relating to the irregularities in the contract for the treatment and disposal of solid urban waste in Calpe, has cost the former popular mayor of the town, Javier Morató, and the former mayors Fernando Penella and Juan Roselló, and the businessman Ángel Fenoll. The Second Section of the Alicante Provincial Court has acquitted three other defendants for paying and receiving bribes.
The sentence, notified to the parties on Monday and reported by the Superior Court of Justice of the Valencian Community (TSJ-CV), imposes sentences of two years, six months and one day in prison on the former mayor and two former councillors. as well as 13 years of special disqualification and the payment of fines as authors of a continued crime of bribery, a crime of prevarication and a crime of fraud against the Administration.
Ángel Fenoll, owner of Colsur SL (currently Sirem SL), awarded the service, has been sentenced to two years and one day in prison, eight years of disqualification and fines as perpetrator of the continued crime of bribery, inducer of the crime of prevarication and necessary cooperator of the crime of fraud. The businessman has already been acquitted in the part of the ‘Brugal case’ relating to the adjudication of the garbage service in Orihuela.
The Court has imposed on Francisco Artacho, brother-in-law of former councilor Juan Roselló, two years in prison and ten years of disqualification as a necessary collaborator of the crime of bribery and inducer of the crime of prevarication.
The other three defendants (the wife of Juan Roselló, Amparo Femenía, the former director of the service concession Juan Cervantes and the son of the convicted businessman, Antonio Ángel Fenoll) have been acquitted for lack of evidence of the crimes attributed to them by the Anti-Corruption Prosecutor’s Office in this cause.
The Second Section of the Provincial Court of Alicante has appreciated in all convicts and for all crimes the concurrence of the extenuating undue delay as highly qualified due to the delays recorded in the processing of the procedure.
100 million pesetas in commissions
Thus, the sentence declares proven that the businessman Ángel Fenoll paid the then mayor of Calpe, the councilor for Finance and the Councilor for Tourism, Beaches, Water and Civil Protection, 100 million pesetas (601,012 euros) in exchange for the award to his company , in 1998, of the concession of the service of treatment and elimination of urban solid residues of the locality.
In those bribes, which included another game of 15 million pesetas (90,151 euros) destined for Calpe CF —local football club—, the brother-in-law of former mayor Francisco Artacho intervened as an intermediary, who in turn received at least four million pesetas ( 24,040 euros).
The concession contract, which had a duration of 25 years, was signed in February 1998, but in November of the same year, as the billing was not sufficient to deal with the agreed bribes, the businessman proposed extending the contract to obtain higher profits, as specified in the resolution.
In July 2000, the Government Commission of the Calpe City Council approved the extension, which consisted of diverting the algae waste treatment plant from the beaches of the municipality. The sentence considers that this expansion was carried out “without complying with legally required procedures”, without requesting technical reports and without its necessity or the existence of a public interest having been proven.
On the other hand, the Provincial Court of Alicante understands that it has not been proven that the successful bidder invoiced “an economic and quantifiable amount” in the development of the contract “not corresponding to the services provided to the City Council”. The sentence is not final and can be appealed in cassation before the Supreme Court.