Charges dropped in council fraud case

An Alicante court has decided there is insufficient evidence to proceed with an alleged case of corruption against a former Benitachell councillor.

AN ALICANTE court has decided there is insufficient evidence to proceed with an alleged case of corruption against a former Benitachell councillor.

In November, a judge from Denia court had concluded that an offence of forgery had been committed, and fast-tracked court procedures to send the case to trial in Alicante, which took place last week.

Allegedly, Nieves Garcia, who was councillor for the Popular Party, and deputy mayor, forged the signature of the town hall secretary on payment documents between 2009 and 2011. The payments, to a local builder, totalled €474,899.

The supposed signature of the secretary was apparently a ‘scribble’, and was “most certainly faked”.

During the previous hearing, Garcia had acknowledged that her signature had appeared in the arrangements for payments and bank cheques. The builder, Obras y Excavaciones Bolufer Llobell SL, was the contractor of all public works, and had also signed the payment authorisations. The payments should then have been signed off by the council secretary, but as has come to light, this was not the case.

The previous judge had made it clear that the builder was the beneficiary of fraudulent payments, and that the councillor "could become a necessary factor" of the forgeries. In addition, the judge had stated that Garcia admitted that the documents had been passed for signing to a staff member of the town hall, but she then refused to answer exactly who that staff member was. The documents in which the judge noted forged signatures amount to sixteen separate payments. All payments were in favour of Llobell.

However, last week, the Alicante judge stated that the calligraphic evidence did not conclude that the councillor had forged the secretary’s signature. But the judge did state that there was an evident crime of documentary falsification.

The court warned the complainant that the case "lacked legitimacy" in his request for the dismissal of the councillor Nieves García. “In some cases financial obligations charged to the town are an economic risk to the public coffers.” stated the judge.

The Court did note that, although the original perpetrator of the forgery has not been identified, there is a “strong indication” that the businessman benefitted and obtained financing with his bank.

The case was dismissed.