The public prosecutor's office has opened a criminal investigation against the mayor of Ourense, Gonzalo Pérez Jácome (Democracia Ourensana), after former colleagues from his party, now part of the Coalition of the Democratic Center (CCD), filed a complaint alleging embezzlement of public funds. Party. The lawsuit was filed on December 5, 2023 with the State Ministry, which, according to the prosecutor's office, decided to open an investigation to clarify whether there is possible criminal liability due to the incompatibility of the office of mayor with other alleged income.
The Democratic Center Coalition (CCD) asks to investigate an alleged ongoing crime of embezzlement of public funds, as it believes that the councilor “combined his professional activity and his public salary at the same time, knowing that they were incompatible.” The document argues, on the basis of Article 13 of Royal Decree 2568/1986 of November 28 on local bodies, that in the event that a full-time councilor carries out other paid “side activities”, “a formal declaration of compatibility” is required by the plenary session .” He also points out that the mayor is aware of this issue, since on January 26, 2022 there was a motion in plenary in which the request to withdraw Jácome's salary due to “professional incompatibility” was debated and approved.
The complainants point out that on July 14, 2021, Jácome assured the city council, “knowing that his professional activity and his salary as mayor are incompatible,” that there was “no” case of possible incompatibility in his case.
The complaint also states that the councilor's professional income is determined by “the invoices issued by the Democracia Ourensana (DO) party for “advertising and various jobs”, which, according to the complainants, “are made effective directly with the contributions”. the community group.” The document also contains reviews of statements made by Jácome in which he states: “The community group's money is spent on what I consider”, “I am the supplier and it is logical that I keep it “, “DO's investment in Auria, This is me, we do it because we are smarter and more competent.”
After making sure that they noticed “arbitrary” decisions regarding the subsidies of their municipal group, the complainants, now outside the DO, asked the public prosecutor to accept the complaint in order to “ensure what is appropriate for the expeditious administration of justice, “Since the behavior has developed” of Mr. Jácome is taking the path of prosecuted illegality.”
The request is contained in the documents attached to the complaint, which mention a salary of 34,191.95 euros in 2019 and is a private activity, as shown by the invoices presented by the Court of Auditors, which the political party Democracia Ourensana and her community group, 83,401.57 euros.
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Shortly before the Galician regional elections in February, a judge closed the proceedings against Jácome, also on embezzlement charges, at the request of the public prosecutor's office, which, based on an anonymous complaint, filed a complaint against the city council accusing him of embezzlement of public funds. He attributed the diversion of almost 100,000 euros from his group to the television station Auria TV, which he owns. Six months after the complaint was filed, the ministry withdrew the lawsuit and requested dismissal, which coincided with the time when the judge investigating the case, José Luis Doval, resigned because Jácome had hired his wife. The judge who replaced him saw the commission of the crime as justified. Jácome accused political groups and media of “repeating a false complaint to overthrow the mayor of Ourense.”
The filing of this lawsuit marked the end of at least the lawsuits registered against the mayor of Ourense throughout his term. “All political lawsuits in court have come to nothing and only show harassment and destruction without success and without any basis,” the local council stated at the time. Jácome had already boasted during his appearance as an investigator before Judge Doval that the transfer of public funds he carried out to his private company was “legal and ethical”. And he warned right there that he was going to keep doing it.