The High Court of Justice of Catalonia (TSJC) charges former minister Elena and former ICV leader Joan Herrera for irregular awards
The Supreme Court is already investigating the mayor of the town of Comuns for the same case
BarcelonaThe former Minister of the Interior of ERC, Joan Ignasi Elena –current deputy–, and the former leader of Iniciativa, Joan Herrera, have been indicted for a case of alleged corruption in the town of Altafulla. The High Court of Justice of Catalonia (TJSC) announced this Wednesday that it has extended the investigation to Elena and Herrera as "alleged necessary cooperators" in the awarding of minor contracts for a consultancy managed by both, Sinergia EDM. In the court's opinion, it could be a case of malfeasance that would have aided the then mayor, Fèlix Alonso Cantorné, who is being investigated by the Supreme Court, in carrying out these alleged crimes. Alonso is currently a deputy in Congress.
The Civil and Criminal Chamber of the TSJCat agreed this Wednesday to assume jurisdiction for the investigation of a case initiated in Plaça 4 of the Court of First Instance in El Vendrell because Elena is granted special jurisdiction due to his status as a deputy of Esquerra. "One of the investigated conduct would consist of the investigated parties having colluded, in their own interest and violating the principles and rules that then governed public procurement, which would require a public tender based on respect for transparency and equal and non-discriminatory treatment among bidders" taking advantage of the figure of the minor contract, as stated in the resolution.
The resolution adds that "the corresponding advisory services would have been invoiced by the company SINERGIA EDM monthly in the amount of 1,300 euros plus VAT, issuing 13 invoices with the concept of advisory services", although outside the contract, nine more invoices for the same amount for similar concepts would have been issued, which would have been paid mostly in 2019. The sum of the 22 invoices issued between November 11, 2017, and July 31, 2019, which were paid by the Altafulla City Council, amounted to a total of 25,046.67 euros plus 5,259.80 euros of VAT, which exceeded the contract price of 15,600 euros plus 3,276 euros of VAT.
The shadow of suspicion
According to the auditor's inspection report on the minor contract, "invoices are detailed that have not respected the principles of publicity and competition" and that "are repeated over the years with the same supplier, therefore, the contracting file must be initiated" according to the law nor could it last more than one year. The Altafulla City Council would also have awarded SINERGIA EDM for 5,000 euros through the contract that would be responsible for drafting the terms of reference for the planning, coordination and programming of the La Violeta Municipal Center, without there being "the need for the contract". In fact, it is one of the tasks that is usually carried out by municipal staff, it did not have the legal report from the secretary approving the contracting file and it had contrary reports from the auditor.
In the opinion of the court, the corresponding procedure could have been dispensed with, with an "improper use of the extension" and of the minor contract, and contracts would have been made with companies directed by people who supposedly maintain a close political connection with the mayor's party (Sumar En Comú Podem).
The suspicion arises from Alonso Cantorné's mayorship between 2011 and 2019 with an alleged conspiracy with Elena, who before ERC had been from the PSC, and Herrera, a historic figure from the Initiative space, who is currently allied with Comuns Sumar. At the end of April, the criminal chamber of the Supreme Court opened a case against Alonso for an alleged crime of prevarication for the contracts with Sinergia EDM and the companies Milà Advocats SLP. "To give an appearance of legality and knowing that it was not, [Alonso] resorted to a contracting dynamic through the figure of the minor contract, with which he evaded the publicity requirements and allowed direct award and enabled an arbitrary choice of the contractor," explained the high Spanish court. In fact, the court points out that in some cases there was no procedure before making the award.
