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Anti-Corruption Prosecutor’s Office opens investigation into Ibiza councilor Marta Diaz’s irregular expenses

The Anti-Corruption Office has transferred the case to the Public Prosecutor's Office after seeing indications of a possible crime of misappropriation of public funds. It has also passed it on to the Court of Auditors because Díaz, auditors and treasurers of the Consell could have incurred accounting liability.

The Anti-Corruption Prosecutor’s Office of the Balearic Islands has opened an investigation into the irregular expenses of the ex-socialist councilor Marta Diaz in the last term of office, when she held the position of second vice president of the Consell de Ibiza. Sources of the Public Prosecutor’s Office confirmed yesterday to this newspaper that this investigation is “in progress”, after the Anti-Corruption Office of the Balearic Islands transferred the case as they have seen “facts which indicate presumably criminal conduct”. Specifically, an alleged crime of embezzlement of public funds.

The Institutional Affairs Committee of the Balearic Parliament unanimously agreed in February 2020, at the proposal of the PP, to request the Balearic Anti-Corruption Office to investigate the alleged fraudulent use of public funds by Díaz.

Thus, this office, which depends on the Balearic Parliament, initiated an investigation and, upon seeing indications of a crime, its director, as provided for in law 16/2016 that regulates its operation and independence, interrupted the proceedings to transfer the documentation of the file and the report to “the competent authorities”. In addition to the Public Prosecutor’s Office, the file has also been transferred to the Court of Auditors after detecting “the existence of a possible accounting and administrative liability“.

The Balearic Anti-Corruption Office concludes in its report that, as revealed by this newspaper in October 2019, the councilor Marta Diaz allegedly used the institutional card for non-public expenses. On the one hand, she did not present supporting documents for all the expenses and, on the other, she did not provide an adequate explanation of the need for the expenses that she did justify, according to the report.

Return of almost 3,000 euros

Initially, Marta Díaz had to return from her pocket a total of 1,585 euros of expenses with the card that she did not justify (for example, hairdressers, two movie tickets and petrol, even though she does not drive, among others). Subsequently, the Consell required Díaz to pay another 1,350 euros for unjustified expenses to attend fashion and arts events.

Apart from this, as this newspaper published, the former vice-president of the Consell did justify other expenses, which were also validated by the technical services of the Consell, difficult to justify, such as late-night drinks during the Fitur fair in Madrid in January 2016 (56 euros for three alcoholic drinks and another non-alcoholic drink) or the purchase of a cream for 44.50 euros at the Orly airport in Paris, among others.

Díaz alleged before the Anti-Corruption Office that she was not aware of the irregularities because he never received any objection from Intervention, so the report points out that, in this sense, the Court of Auditors must decide if she should have accounting responsibility. In any case, the Anti-Corruption Office adds that there are many expenses without supporting documents, which could constitute a crime of misappropriation of public funds. For this reason, the case has been referred to the Anti-Corruption Prosecutor’s Office. The report also indicates that, due to the lack of information provided, the return of the unjustified funds has not been accredited.

Anti-Corruption Office finds negligence by officials

On the other hand, the Anti-Corruption Office also points out that four civil servents who carried out the Intervention could have incurred accounting liability for “negligence or delay” in the fulfillment of their functions of control of public expenditures. It also sees negligence in the performance of the custodial functions of the treasurers who signed the documents referring to the reimbursements. The report points out that there was no review of the bank statements and that, if such a review had been carried out, it would have revealed that the bank cards were used for expenses that were not justified.

After the publication of the irregular expenses, the PSOE, now in opposition, forced Marta Díaz to stand down, but two days later she backed down, refused to return her position as councilor and resigned from her party

For the full article, please visit Diario de Ibiza website here.

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