On March 7, the Andalusian government asked the judge to Clarify your procedural position, that is, if you appeared as an accusation or as a defense.
A week after having access to investigation, even in the very incipient phase, SAS lawyers have addressed another letter to the judge by changing their procedural position, and presenting themselves as a “subsidiary civilian” of the crimes investigated. “This literate representation has been aware of the existence of actions related to previous proceedings, coming to personally through the present writing in the indicated actions, in the name and representation of the Andalusian Health Service as a possible subsidiary civil person in charge,” says the letter addressed to the Court of Instruction 3 of Cádiz, dated March 17, and to which this newspaper has had access.
Judicial investigation into the subdivision of SAS contracts is based on a complaint of Podemos for possible embezzlement and prevarication. The purple formation has shown stupor for the change of position of the lawyers of the Board, who in a week have gone from being “harmed” to admit their “subsidiary civil liability” of the facts investigated.
Asked about this newspaper, from the Ministry of Health they do not clarify the last movement of their lawyers, if it is a change of procedural position, or if they intend to combine both figures, something that the lawyers of Podemos see “technically impossible”. “Either you are harmed or responsible, the two things are incompatible. When the witnesses cited to declare arrive, the Board has to clarify in what will ask them,” explain sources of the case, which weigh the possibility that the magistrate expels the Andalusian government of the instruction “if it does not clarify its position”
Judge Rosa García, as well as the Prosecutor’s Office, has claimed the government of Juan Manuel Moreno documentation on the SAS contracting procedure, including the unfavorable definitive reports of the SAS auditors in Cádiz, where they censor the “mass and improper fractionation” of millionaire contracts with the same company and for the same object, to “avoid” the legislation.
Between January and December 2021, the provincial centers of the SAS in the eight provinces signed contracts for works, services and purchase of goods and supplies with private companies for a total amount of 4,141.6 million euros. Almost a third – the 29.58% (1,225.3 million) – were minor contracts, the majority not exceeding 30,000 euros, although hundreds of them were awarded by finger to the same companies, reaching millionaire figures.
The auditors denounced an “abuse” of the figure of the minor contract in the SAS, which was repeated in all Andalusian provinces, and that motivated the opening of an internal investigation ordered by the general intervention of the Board. The minor contract is a figure that includes the law for services, goods and benefits in situations of urgent need, but the auditors attests that the SAS chained hundreds of minor contracts with the same company to pay the same service, which “violates” the Law of Public Sector Contracts.
The judge of Cádiz has sent the parties on Wednesday – we can and the Prosecutor’s Office – a providence asking them about the Andalusian government’s request to appeal now as a “subsidiary civilian.” Both the private accusation and the Public Ministry have three days to respond to the magistrate.
Precisely this Tuesday, to questions from journalists about the personation of the Andalusian Government as a party harmed in the cause of fractionated contracts, the president of the Board defended the SAS procedure and trusted that the case will be “filed”. “The minor hiring in the provincial centrals of the SAS dates back to time immemorial, that is what are happening to me. I am seeing here a file,” said Moreno, pointing out “a file that has happened to me” about the lectern, “and I am seeing what the contracts are coming and they are decades, therefore it is not a new practice that this government has put. And it is also a completely legal formula That they pass me from SAS is this and I am convinced that everything will be in a file, ”he said.
The letter of the SAS lawyers to the judge of the case has altered the debate provided for in today’s plenary session in Parliament. The socialist deputy Rafael Márquez has said from the gallery that it is “completely contradictory” that the Board is persone as injured, “thus admitting fraud and committing to return” the supposedly embezzled; And now he wants to appear as a “subsidiary civilian”, opening to “reintegrate what is defrauded in case the direct managers cannot pay it.” “Are they saying that they are going to pay themselves? This demonstrates how nervous the Moreno government is,” he said.
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