Prosecutor's Office requested 15 years in prison for the businessman and the demolition of the facilities, but has been acquitted of all crimes
Old picture pre Co-vid Crisis
The Sixth Section of the Provincial Court has acquitted Juan Francisco Rosa and the rest of the defendants from the main trial of the Stratvs case. The ruling, however, can be appealed before the Supreme Court.
Prosecutor's Office requested 15 years in prison for the businessman, as well as the demolition of the facilities, while the popular prosecution exercised by Urban Transparency raised the request for Rosa to 21 years in prison. However, the Court has acquitted the businessman of all the crimes of which he was accused, as well as his company BTL Lanzarote, owner of the winery.
Specifically, in its sentence, the court acquits Juan Francisco Rosa of the continuing crime of falsification in a public document committed by individuals, of the crime of usurpation of real estate, of the crime against the planning of the territory of the crime against the historical heritage, of the crime against the environment, the continuing crime of qualified fraud, the crime of theft, and the crime of influence peddling of which he was accused. As for the BTL Lanzarote company, it has been acquitted of the crimes of usurpation, against the planning of the territory, against the historical heritage and against the environment.
The architect of the winery and owner of a part of the land on which it was built , Miguel Ángel Armas Matallana, has also been acquitted of the continuing crime of falsification of a public document committed by individuals, of the crime of usurpation of real estate, of the crime against the planning of the territory, the crime against the historical heritage, the crime against the environment and the continuing crime of qualified fraud of which he was accused. For him, the Prosecutor's Office requested the second highest penalty, specifically 10 years in prison.
Likewise, the Sixth Section of the Hearing has acquitted the two technicians of the Canary Islands Government who gave the license for the construction of Stratvs, Faustino García Márquez and Armando Villavicencio Delgado, and the then general director of Urbanism, Juan César Muñoz, who were accused of a crime of urban prevarication. In this case, the Prosecutor's Office asked for the three penalties of fine and disqualification.
The former mayor of Yaiza, José Francisco Reyes , the former councilor for Urban Planning, José Antonio Rodríguez -who was also accused of a crime against the environment-, and the surveyor of the Technical Office of Yaiza, Pablo Carrasco, who have also been acquitted.
Likewise, the Sixth Section of the Hearing has acquitted the former secretary of Yaiza, Vicente Bartolomé Fuentes , who was accused of fraud against the public administration in competition with prevarication; and the Cadastre worker, Blas Noda , who was accused of a crime of falsifying a public document.
The former manager of the Insular Water Council, José Juan Hernández Duchemín , who was accused of environmental misconduct , has also been acquitted.
"The natural channel of the waters of a ravine was not destroyed"
In the ruling, the court considers it proven that "the house whose rehabilitation was authorized was in a dilapidated state before the work and lacked ethnographic value." Likewise, "it is not considered proven that the rehabilitation of the property carried out under that license was entirely a new construction."
In addition, although the ruling indicates that Juan Francisco Rosa carried out on the estate "other complementary urban actions of the winery, such as a ramp, parking area, terrace, pergola, restaurant and others for which he had no authorization or license", it is noted that they "are accessory to the main construction."
The Sixth Section of the Provincial Court also considers that "the natural channel of the waters of a ravine was not destroyed with the works, since such natural channel did not exist." "At the time of the beginning of the works, there was no source on the land where they were carried out," he adds.
Likewise, it points out that as "there is no water network in La Geria or the probability of the existence of masses of groundwater, therefore it is not possible that the septic tank sanitation system that the winery had had endangered life and health. of people".
It should be remembered that the Stratvs case was divided into two pieces due to the assessment of Gladys Acuña, who was then a regional parliamentarian , judging in a first trial the facts related to the granting of the activity license to the winery, which was what she intervened in Acuña as mayor of Yaiza.
After it, eight of the ten people who sat on the bench were convicted of prevarication, one of them Gladys Acuña herself , who was forced to leave politics after being imposed 14 years of disqualification and the payment of a fine of 10,800 euros, in a sentence that is already final.
In that ruling, businessman Juan Francisco Rosa was also acquitted, although not the other two people who repeated as defendants in the main trial, which were the former mayor of Yaiza, José Francisco Reyes, and the former councilor José Antonio Rodríguez, have been acquitted.
Do we hear an appeal to the Supreme Court?