The Hearing of Valladolid has dictated acquittal in the case of the twelve members of the Community of Irrigators of Riaza that were judged by crime of prevarication for having embargoed and auctioned in 2015 a public mount, property of the City council of Nava de Roa (Burgos) , to collect a debt contracted by the local institution.
The ruling, which contrasts with the twelve years of disqualification requested by the Public Prosecutor’s Office and meets the request of the two defendants’ defendants, is based on the fact that the facts are not of criminal relevance when recognizing that the twelve trustees did not adopt an arbitrary decision. nor knowing that it was unfair since they were based on the advice of the executive collector, as well as on the existing doubts regarding the nature of the farm in question, since it had been cultivated for many years, according to Europa Press. legal sources.
The public accusation, nevertheless, maintained the positions after hearing the testimony contributed by the head of the Territorial Service of Environment of Burgos, Javier Maria Garci’a Lopez, who confirmed the existence of separate requirements sent to the síndicos warning them of the illegality of the embargo and Subsequent auction, being the property in question of a mount of public nature, inalienable and unattachable.
Other witnesses, technicians of the Duero and Seiasa Hydrographic Confederation, a company that executed irrigation improvement works with European funding in the area, agreed that the plot is in an irrigation area and even pointed out that they had never seen before a regable mountain.
His statement and that of the executive collector of the Community of Irrigators of Riaza were put forward by the defenses to request from the court an acquittal, especially after the second explained that he advised the trustees at all times and encouraged them to execute the embargo and subsequent auction of the plot after carrying out the necessary checks, including the consultation of the Cadastre.
Thus, the collector said to work convinced that the reason was on their side and not the Board and therefore went ahead with an operation that seemed the only way to charge the City of Nava the 90,000 euros incurred over five years for not facing during that period the expenses of irrigation of the farm.
WITHOUT ELEMENTS OF THE CRIMINAL TYPE
In their final plea, the two defenders, one of them representing one of the defendants and the other of the eleven remaining, based their request for acquittal on the conduct of their sponsored elements are not given the criminal type, in concrete the “arbitrariness”, since the decision adopted was supported by objective data and in the belief of acting in accordance with the law, nor the “subjective element”, because the processed receivers acted under the advice of the executive collector.
And this, without prejudice to what is settled in contentious-administrative proceedings before the Superior Court of Justice of Castilla y León, where the Board is located in order to recover possession of the property auctioned.
The members of the Community of Irrigators of Riaza, in the first session of the trial, stated that at no time did they believe that their agreements contravened the law and ensured that their sole purpose was to collect the debt of the City of Nava, in compliance with the law. the Law of Waters and after realizing the pertinent consultations, without forgetting that for a century the property, occupied by irrigated land and vineyards, has been considered like irrigable surface.
“Since I have use of reason everyone has known it as a plot of irrigation!”, Defended the first day of the trial one of the receivers, of advanced age, who declared from a wheelchair.