On 5 April 2022, the Prosecutor José María López Cervilla, in a written accusation sent to the Court of First Instance and Instruction No. 1 of Huércal Overa, requests the opening of an oral trial before the Provincial Court against Francisco Torrecillas Sánchez (Mayor of Albox), José Simeón Campoy Fernández (councillor) and the auditor of the Town Hall of this town.
In the document to which La Comarca Noticias has had access, the Prosecutor tells in detail how in July 2017 the Mayor of Albox Francisco Torrecillas Sánchez and the then Councillor for Works, José Campoy “decided by mutual agreement, to pave the bed of the Rambla de Albox. Both were aware that the work required authorisation from the Consejería de Medio Ambiente de la Junta de Andalucía and thought that this institution would not grant it (the permit)”.
“Torrecillas, knowing that the work did not comply with the law, decided to carry it out with municipal funds without issuing any resolution, nor processing any administrative file in which a legal report was issued by the secretary of the corporation… To achieve this, he had the collaboration of José Simeón Campoy Fernández”.
It is also reflected in the indictment that both public officials knew that the amount of concrete ordered from a company in Tíjola would exceed the 18,000 euros that the legislation establishes as the limit for a minor contract, so “they decided to disguise the nature of the contract, concluding a works contract despite knowing that the company would not carry out any work…”.
“Following the plan, the prosecutor claims, Campoy, in agreement with Torrecillas, ordered an official of the Town Hall to draw up a works contract indicating all the circumstances that should be included. The contract was drawn up before the company had submitted any estimates”.
“The contract was signed by José Campoy, together with the mayor Francisco Torrecillas and the municipal treasurer. The works contract had a total budget of 49,948.50 euros, of which 25,000 euros, according to the contract itself, corresponded to the concreting of La Rambla”.
To this figure must be added, according to the Prosecutor’s letter, a fine of 6,000 euros imposed by the Regional Ministry of the Environment, plus 24,603 euros for demolition work carried out by a company contracted by the Town Hall.
“The total damage caused amounts to 65,842.36 euros”.
In the opinion of the Public Prosecutor’s Office, the facts described are constitutive of:
A.- A crime against town and country planning of art. 319.1 of the Penal Code (Torrecillas and Campoy) which carries a sentence of two years imprisonment, special disqualification for the right to passive suffrage during the time of the sentence, and special disqualification for the profession and trade related to construction.
B- A crime of prevarication of article 404 of the Penal Code committed by omission (art. 11 of the Penal Code) (Torrecillas and Campoy). According to the prosecutor’s office, this entails the penalty of special disqualification from public employment or office for twelve years. The special disqualification from public employment or office will entail the definitive deprivation of the job or office to which it is attached and of the honours attached to it, as well as the impossibility of obtaining any elective office during the time of the sentence, with reference to the Public Administration, whether state, regional or local, during the time of the sentence.
C- A crime of embezzlement of public funds under article 432.1 and 3 b) of the Penal Code. (Torrecillas, Campoy and the comptroller as necessary co-operator). For them the Public Prosecutor asks for a sentence of five years imprisonment and absolute disqualification from any public employment or position for fifteen years.
Civil liability.
Torrecillas, Campoy and the municipal comptroller must jointly and severally compensate the Town Hall of Albox in the amount of 57,130.366 €.
Torrecillas and Campoy must jointly and severally indemnify the Town Hall of Albox in the sum of 8,712 €.
