Carmen Martn, the head of Ibiza’s Court of Instruction number 3, has admitted to proceedings a complaint for the alleged crime of prevarication against Carmen Ferrer, the mayor of Santa Eulària, for the processing of the project of a new private hospital center that promotes a land of Jesus pharmaceutical entrepreneur Juan Tur Viñas.
In his case, the plaintiff, Francisco Vilás, owner of the Policlnica Nuestra Señora del Rosario, claims that the mayor used “a intentional and twisted use and abuse of administrative inaction to not expire the administrative file and artificially maintain the proceedings.” The complaint is being headed by lawyer Pedro Horrach, the former anti-corruption prosecutor in the Nóos case, which resulted in the imprisonment of Iñaki Urdangarin, the King’s brother-in-law.
The mayor refused to comment yesterday on the complaint, which was admitted for processing on December 14, claiming that she had yet to receive anything.
Vilás keeps fighting the promoter of the second private clinic on the island, Juan Tur Viñas; the Consell de Ibiza, which granted the general interest in August 2010 for the construction of the health center on a rustic land in Jesus; and, in particular, the City of Santa Eulària, the administration responsible for the licenses of works and activity.
The magistrate accepts Francisco Vilás’ charge against Carmen Ferrer for an alleged offense of prevarication
The controversy and complaint stem from the fact that the Consistory not only did not grant the licenses, despite the fact that the law establishes a maximum period of six months from the declaration of general interest and three or four months for its resolution, but also “prevents in a twisted way, giving silence for an answer, the mandatory initiation of the expiration of the files.”
According to the lawsuit of the owner of the Policlínica Nuestra Señora del Rosario, the delay in the processing of the licenses is due to the fact that “the promoter has failed to comply with the multiple requests for correction made by the Consistory, even with the express warning of declaring the expiry of the files,” but in reality, “the mayor has allowed through the simple and illegal means of municipal inaction the indefinite continuation of the administrative file.”
In the case of the mayor, who has been at the helm of the Consistory since June 2019, the complaint recalls that in December 2019, the Insular Heritage Commission (Ciotupha), under the Consell de Ibiza, advised the City Council to take “the appropriate actions so that, either through the resolution or the expiration of the procedure, finalize the files as soon as possible.”
Vilás then requested that the Consistory undertake the procedure for the expiration of the building and activity licence files, which had been pending for over a decade. He received no response, but he repeated the request up to five times between December 27, 2019 and June 20, 2020. According to the lawsuit, the Consistory has ignored his demands.
Vilás is no longer a party who is “interested”
Furthermore, the complainant emphasizes that the agreement adopted by the board of government in February 2021, in which it was agreed to deny Vilás the position of “interested” in the files of works and activities, is the “climax of this saga.” This agreement has been challenged in the court of law.
Since Ferrer has been in charge of the Consistory, it has ignored up to six petitions to begin the expiration procedure. The governing board also revoked Vilás’s position as an interested party in this initiative, which he had had since 2017.
For the full article, please visit Diario de Ibiza website here.