The former mayor of Calp for the PP and two of his councilors are convicted of crimes of fraud and prevarication

The Provincial Court considers it proven that Javier Morató, Juan Roselló and Fernando Penella received bribes from the businessman Ángel Fenoll
Javier Morató and Juan Roselló / Coastal Radio. Archive

He former mayor of Calp, from the PP, Javier Morató, and two councilors from his government team, Juan Roselló and Fernando Penella, have been sentenced for the Provincial Court of Alicante for the payment of bribes in the award of the contract rubbish of the locality The court imposes sentences of between two and two and a half years in prison. This is how the Second Section of the Hearing ruled in its sentence, after considering it proven that the three politicians committed crimes of bribery, prevarication and fraud in relation to the Calp solid urban waste treatment and disposal service contract. Procedure that constitutes one of the separate parts of the so-called 'Brugal case'.

On the other hand, the Provincial Court has also sentenced two other defendants, Roselló's brother-in-law, Francisco Artacho, and the businessman Angel Fenoll, responsible for the concession of the garbage service. While three other defendants in this case have been acquitted.

The sentence was notified yesterday to the parties and in it the former mayor and two of his former councilors are sentenced to a total of two years, six months and one day in prison, as well as 13 years of special disqualification and the payment of fines as perpetrators of a continuous crime of bribery, a crime of prevarication and a crime of fraud against the Administration.

For his part, the owner of Colsur SL (currently Sirem SL), Ángel Fenoll, who was 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.

Finally, the Court has imposed on the brother-in-law of former councilor Juan Roselló, Francisco Artacho, two years in prison and ten years of disqualification as a necessary cooperator in the crime of bribery and inducer of the crime of prevarication.

The other three defendants - the wife of Juan Roselló, Amparo FP, the former director of the service concession Juan CM and the son of the convicted businessman, Antonio Ángel FC - have been acquitted for lack of evidence of the crimes attributed to them by the Prosecutor's Office in this cause.

The Chamber has appreciated in all the convicts and for all the crimes the concurrence of the mitigation of undue delays as highly qualified due to the delays registered in the processing of the procedure.

600 thousand euros in bribes

The sentence declares it proven that the businessman Ángel Fenoll paid the then mayor of Calp, 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, Colsur SL., in 1998, of the concession for the treatment and elimination of solid urban waste in the locality. In these bribes, which included another game of 15 million pesetas (90,151 euros) destined for the local football club, Calpe CF, Juan Roselló's brother-in-law, Francisco Artacho, intervened as an intermediary, who in turn received at least 4 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 by the magistrates in the resolution.

It was in July 2000 when the Government Commission of the Calp City Council approved this extension, consisting of the diversion to the waste treatment plant of the algae from the beaches of the municipality. The Court considers that this extension was carried out "without complying with legally required procedures", without requesting technical reports and without having proven its need or the existence of a public interest.

The sentence is not final and can be appealed in cassation before the Supreme Court.

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