On Friday morning José Antonio Gómez appeared for the first time in his new office in charge of the Investigative Court number 13 of Seville, which has been investigating the contracts of the Andalusian Health Service (SAS) processed by emergency procedure between the years 2020 and 2024. He has not chosen the landing day (the resolution of the competition of the Permanent Commission of the General Council of the Judiciary was published in the BOE of last January 8), but it coincides with a ‘procedural moment’ that seems crucial: resolving the appeal of the PSOE-A, presented this Wednesday, through which it insists on expanding the investigation to all the provinces upon understanding that the modus operandi of the Moreno Government in All hiring started from the central services with “a defined procedure” whose consequences extended beyond Seville.
The intention of the socialist private accusation was ruled out by Javier Santamaría, José Antonio Gómez’s predecessor in court, although, in turn, he refused to file the case as the three accused health managers had requested. The socialists had taken to court the reports of the SAS provincial auditors questioning the legality of these contracts, all based on the same procedure.
It is to be expected, even more so as a newcomer, that the Gómez court could reject the appeal of the PSOE-A, as in most of the reform documents, but the same appeal will have to be resolved later by the Provincial Court, to the be a subsidiary of appeal, and will have to rule for the first time regarding the formula of joint contracts with private clinics, without advertising or competitive competition, relying on the legal framework enabled in the pandemic when it was already repealed.
The court did not consider itself competent “to hear about possible provincial irregularities that are not related to the central services” of the SAS), rejecting the extension of the complaint formulated by the PSOE in December for processing, although both the court and the Anti-Corruption Prosecutor’s Office They continue with the investigation, which covers from 2020 – the first year of the pandemic – until 2024, when the current manager signs the latest addendums with an expansion of expenses of the original Emergency File (110/2021) from which the main cause emanates.
Speed in the case
Court 13 had no owner and Santamaría had been occupying the position as a territorial judge, with the investigation of the case having accelerated in recent weeks as a result of the letter from the delegates of the Anti-Corruption Prosecutor’s Office and the summons as investigators of the last three managers. of the SAS. Until now, it had requested documentation from the Court of Accounts, the General Intervention of the Board and also from the SAS, at the request of the Anti-Corruption prosecutors, who on November 11 sent their letter inquiring about the carrying out of various investigative proceedings, which The court had assumed responsibility for determining the facts under investigation, which José Antonio Gómez must now take up.
Santamaría demanded from the Andalusian Government the file approved by the Government Council on October 6, 2020, in which the prior inspection of certain expenses, organs and health services – including the controversial emergency contracts – was replaced by permanent financial control, that is, post-hoc audits. The Board, as this media has reported, withdrew prior control of the contracts by hand, appealing to the “maturity” of the Health managers charged today.
Let us remember that the judicial case now underway reproduces the investigation initiated more than a year ago by elDiario.es Andalucía on the contracts awarded by the Board to private clinics, taking refuge in the exceptional legal framework of the pandemic when it was already repealed.
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