The Superior Prosecutor of the Region has filed for lack of evidence crime is the complaint filed by a group of companies -the UTE formed by Ambulancias de Lorca, Ambulancias Martínez Robles, Murciana de Asistencia y Emergencias and Ambulancias Vega del Segura- against the Ministry of Health by the award of the regional macro-contract for the urgent transport service, which amounted to 340 million of euros.
The complainants, who were mainly targeting against the former councilor Manuel Villegas and against the former manager of the Murcian Health Service (SMS), Asensio López, They constituted the UTE that was the loser of the contest against the offer led by Grupo La Generala through the company Ambulancia Do Atlantico.
Among the alleged irregularities listed in the brief submitted to the Prosecutor’s Office, it was stated that the Ministry of Health acted “with favoritism” and in a premeditated and allegedly prevaricating manner to award the contract to the UTE made up of Ambulancias do Atlántico, Ambulancias Mar Menor and Ambulancias Sánchez.
These firms, according to the complainants, “did not have sufficient means, neither vehicles nor facilities, to participate in the competition”, nor could they justify “any experience in the sector”.
One of the specific facts identified as the most suspicious was that the evaluation table would have awarded zero points to the Lorca Ambulance offer in the environmental section, despite the fact that it proposed that all its vehicles have the ECO and O classification, while that of Ambulancias Do Atlántico did not raise anything in that area.
It was also pointed out that the winning joint venture did not have the number of workers required by the contract, which specifically amounted to 1,031 (476 technicians for scheduled transportation, 395 for urgent and emergency transportation, and 160 for transportation of psychiatric and baritic patients). The figures presented by Ambulancias de Lorca and the rest of its partners indicate that, months after the award, the winner only had 713 employees, with a deficit of 318 workers.
Months of documentary analysis
After several months of investigation and analysis of the documentation collected in the regional administration, the Anticorruption prosecutor, Juan Pablo Lozano, records in a document – made by the Superior prosecutor, José Luis Díaz Manzanera – that “a good part of the irregularities reported have already been resolved administratively by the Central Administrative Court of Contractual Appeals, and contentious-administrative appeals have been filed by the complainant against the decisions adopted in the public contest denounced “.
The report concludes that the facts would never enter the glaring illegality required by the crime of prevarication.
And he adds that, “in short, the complainant disagrees with the assessments made by the Contracting Committee, but the Prosecutor’s Office cannot proceed to carry out an ‘assessment of the assessment’, unless it had objective and patently arbitrary aspects lacking in minimal observable justification without the need for special technical knowledge, which is not the case. That some valuations are debatable and there are reasons to appeal them does not make them logically, arbitrary, far from it, criminal. ”
“Mere value judgments”
Regarding the alleged irregularities and intentions that the complainants attributed to an official, the Prosecutor’s Office points out that “apart from involving mere value judgments without providing any objective data that allows sustaining such spurious interest, it would not explain that with her alone it would have been possible to proceed to corrupt the entire public tender file ». And he adds that “even in the subjective aspects in which he understands that the aforementioned official had a fundamental role, since they were qualified by two people, it does not serve by itself to explain the decision of that second person, about which the complainant does not mention existence of any suspicion ”.
In this way, and when understanding that “the denounced facts would not go beyond mere illegality or administrative success or failure in their case, without entering into the blatant illegality and arbitrary action that constitutes the essence of the crime of prevarication”, the decision adopted and notified yesterday to the complainants is that there is no other option than to archive the investigation.
The award of this macro-contract and the subsequent complaint was the subject of an intense political debate for long weeks, in which the PSOE tried on several occasions to open and promote an investigation commission in the Regional Assembly.
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