The judge has filed the case against the mayor of Barcelona, Ada Colau, for subsidies to social entities such as the Platform for People Affected by Mortgages (PAH) or the Desc Observatory, ruling out any crime in the aid. The instructor makes the decision in accordance with the Prosecutor’s Office and buries the attempt to extend the case until the gates of the municipal elections of the opaque Association for Transparency, which denounced the mayor.
Association for Transparency, the opaque entity that is dedicated to litigating against Colau
In an order, to which elDiario.es has had access, Judge Ignacio Sánchez concludes that “there has been no illicit conduct attributable” to the mayor. Colau, adds the instructor, “did not issue a resolution of any kind” that could fit into a crime of prevarication in relation to subsidies, so consequently “the entire incriminating construction declines” against the leader of the comuns.
When Colau took office as mayor, the instructor states, she delegated the functions of granting subsidies, so she cannot be held responsible for them. Nor is there evidence, the instructor abounds, that Colau “gave any instructions or indication” to grant aid, just as she has been defending the mayor’s defense since the beginning of the case. “In none of the files is any irregularity detected,” adds the magistrate.
The judge’s decision was what was expected after both the mayor’s defense, led by lawyers Olga Tubau and Àlex Solà, and the anti-corruption prosecutor Luís García Cantón supported shelving the case. Only the Association for Transparency, an entity with no known activity in the Catalan capital beyond litigating against the mayor, opposed filing the case, and can appeal it to the Barcelona Court.
The prosecution and defense shared that once the files of the subsidies investigated were collected and the statements of Colau and a municipal comptroller, who defended that there was no irregularity, had been completed, there were no more proceedings to carry out and the case should be filed. The judge accepts her arguments and points out that the intervener “never observed any conduct that had criminal consequences.”
The defense highlighted the “absolute lack of direct or indirect intervention” in the mayor’s files beyond the final act of approval of the same adopted together with the rest of the councilors in the municipal government commission, given that Colau set the competence of the processing and granting of aid in the management of social services of the City Council.
“The entire documentary collection confirms the absence of irregularities and the correction in the administrative processing of the subsidy files,” remarked the mayor’s togados in reference to the files of the secretariat and the municipal intervention that did not see a crime in the aid to social entities, as also concluded by the Prosecutor’s Office in its investigation for the same subsidies.
In his brief, the prosecutor referred to his file decree of last July to conclude that there is no evidence of a crime against the mayor, since he delegated his competence in the matter of granting subsidies and had “no” intervention in the files. investigated. For Anticorruption, the files on the subsidies granted between 2016 and 2019 show that the Desc Observatory, the PAH or Engineers Without Borders “did not specifically benefit from special favor treatment.”
“Their grants were processed in the same way as those intended for hundreds of entities, through a procedure – debatable or not – that seemed to be the one used with regular frequency by the consistory”, concluded the prosecutor, which, in his opinion, ” excludes arbitrariness” in concessions.
The keys to the case, in the elDiario.es podcast