The former PP regional deputy Alfonso Román López will sit in the dock of the Provincial Court of Asturias as allegedly responsible for a continued crime of misappropriation and unfair administration during his time as director of the illustrious Nursing College of Asturias (Codepa) .
The collegiate institution accuses him of alleged co-authorship in the diversion of funds from the College, having used for this purpose the monthly publication of an internal magazine, called “Impulso”, and some alleged content advisory, production and printing activities that the accusations support. which he never claimed to have executed.
Codepa is involved in the case as a private prosecution along with the Association of Nurses of Asturias, as well as seven other people in their personal capacity, who interest the former Asturian politician in a sentence of four and a half years in prison.
The same request for conviction is requested for Bartolomé Navarro Gutiérrez, partner of the company that published the magazine, and Marta Elena Losa Iglesias, daughter of the former president of Codepa Emilio Losa, now deceased, who are accused of the alleged commission of the same crimes as the former Asturian politician.
Furthermore, the accusations request that the three defendants as civilly responsible for the crime and also the commercial companies BV Asesores Comunicaciones e Imagen and Loklark SL, these as subsidiary responsible parties, jointly and severally compensate Codepa in the amount that has been provisionally set at 684,003 .98 euros.
A cause that has lasted for ten years
The head of the Investigative Court number 4 of Oviedo, María Luisa Llaneza, has agreed to open an oral trial through an order and where bail is not set for the civil perpetrators, taking into account that the Prosecutor’s Office has not formulated a written indictment and that, since the procedure began in 2014, 10 years have already passed without precautionary measures having been requested or adopted.
In 2018, the Provincial Court ordered the reopening of the investigation into the alleged diversion of school funds after admitting the appeal of the Asturias Nursing Association against the court’s decision that had declared the file and dismissal of the case for crime of misappropriation.
The Court indicated, in a ruling, that the amount of budgeted expenses in favor of the communication company that published the magazine and carried out advice on content, production and printing amounted to 1.4 million euros, of which a part was destined to pay invoices drawn by Alfonso Román López, during his time as vice president, as well as to the company, of which the deceased Losa was the representative and of which his daughter was administrator.
For the court, in principle the performance of the work and services that support the issuance of the invoices does not appear to be duly justified and, among other irregularities, the dates, concepts, or person who carried out the advice are not specified.
Nor does the identity or signature of the issuer appear, indications to which, according to the Court, must be added the family ties and ties of friendship existing with the deceased, and on the other hand there is no documentary evidence of the contracting of the services.
The charges
Alfonso Román López held different positions in Codepa, its Governing Board and the Executive Commission for 33 years, between April 17, 1985 and October 29, 2018. The now deceased Emilio Losa García remained at the head of Codepa for 28 years. the presidency of Codepa, as well as its representative bodies, between January 12, 1988 and April 7, 2017, date of his death. As a result of his death, the case against him was archived and dismissed.
Codepa published a collegiate magazine, of an informative, non-scientific nature between the months of May 2005 and September 2018, called “Impulso”.
The magazine had a circulation of 12 copies per year, -one for each month-, in color -four-color-, with an extension of between 12 to 15 pages per issue.
For more than a decade, the magazine had its own Council, made up of all the members of the Codepa Governing Board, including Alfonso Román López and Emilio Losa himself, as director, a position that the latter held until month prior to the date of his death.
The alleged facts
Despite the magazine having its own director and Editorial Board, carrying out support and advisory work in relation to its content, during the months of May 2005 to May 2014 the company BV Asesores invoiced and received monthly payments from Codepa for carrying out the editing, content advice, production and printing of the same, without having adopted the mandatory agreement authorizing the contracting by the Governing Board/Executive Commission of the collegiate body, as stated in the document of provisional classification of the accusations to which elDiario.es Asturias has had access
On June 25, 2014, just two weeks after testifying as a defendant in this case, Emilio Losa ordered a meeting of the Executive Commission of the College in which it was approved to hire the company BV Asesores and he signed the contract three months later. , a few days before testifying for the second time as a defendant.
At a later date, Alfonso Román López began to send emails justifying that he had carried out work for the school magazine that, according to the accusations, responded more to “a defensive strategy” with which to build some type of documentary evidence that would allow the alleged performance of work/provision of services by the accused for BV Asesores to be given apparent credibility, in order to contribute them to the case, should the case arise, if he were finally cited as being investigated, as has happened.
Forwarding of emails with news sent by the PP
In its qualification document, the accusation maintains that on at least 83 occasions, and always since the month of October 2014, Alfonso Román López limited himself to forwarding emails, without any explanation or text in this regard, either to the company BV Asesores or to other telematic addresses with apparent relationship with it.
A forwarding of the emails that was carried out from the email address that was assigned to the accused as a deputy of the General Board of the Principality of Asturias.
“It was news that he received from the press office of the political party to which he belonged – the PP – receiving a public salary, which undoubtedly highlights the improper use of public means and instruments at the service of a private and commercial interest of the then deputy. regional, in addition to contradicting the certification of the company BV Asesores, dated September 30, 2015.
The company BV Asesores also sent several Cd Ron to the court to justify this work, but there is no service, data or information of any kind prior to October 2014, only after the initiation of the criminal procedure.
Among the documentation sent to the court by the former deputy, it includes some “Statistics” sent to the company from 2007 to March 2017 and some “Collaborations” from the period 2015 to 2017 which, according to the accusation, are simple typewritten texts of which the investigated claims to be the author and to have carried them out during this temporary period without any evidence to prove it: “There is no digital signature, nor handwritten, nor are they sent individually in an electronic format that allows us to see the date of creation of the file,” he says.
The experts’ report
Given this situation, Codepa asked the University of Oviedo for a computer expert opinion on the articles published in the magazine from 2014 to March 2017, of which Alfonso Román López was presented as the author.
The experts issued their report on July 2, 2020 where, among other conclusions, they indicated that in 68 of the 100 articles published in the different issues of the magazine during the period relating to the months of January 2014 and September 2018, both including, whose authorship was attributed to the former deputy, the degree of coincidence they present with respect to the content of other articles previously published and available on the Internet, unrelated to Impulso, was 80 and 100 percent.
“Such a degree of similarity in the articles is incompatible with possible intellectual authorship of the articles by the person claiming the article, which could only be attributed to him if the percentage of coincidence had been less than 25 percent,” the experts say. , which only occurred in 3 of the 100 published articles.
Codepa maintains in its statement of provisional conclusions that “Such result highlights that the accused was not its author, but in the best of cases a vulgar and simple copyist, so it would be difficult for him to have been paid the amounts that received from BV Asesores for having done something that in reality it did not do but would have simply copied”
A similar situation is what the experts observed when analyzing 38 works whose authorship is attributed to Marta Elena Losa and Alfonso Román López at the same time, where very high coincidence parameters were observed with respect to other publications disseminated on the Internet.
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