The Prosecutor's Office has opened criminal investigation proceedings against the mayor of Ourense, Gonzalo Pérez Jácome (Democracia Ourensana), following a complaint for alleged embezzlement of public funds filed by former colleagues from his party who are now part of the Democratic Center Coalition (CCD) party.
The lawsuit was presented on December 5, 2023 before the public ministry, which decided to open the investigation, according to sources from the Prosecutor's Office, to resolve whether there is possible criminal liability due to the incompatibility of the position of mayor with other alleged income.
The Democratic Center Coalition (CCD) asks to investigate an alleged continued crime of embezzlement of public funds, understanding that the councilor was “simultaneously combining his professional activity and public salary knowing their incompatibility.”
The document argues on the basis of article 13 of Royal Decree 2568/1986 of November 28 on local entities that in the event that a full-time councilor has other paid “marginal” occupations “a formal declaration of compatibility will be required.” by the plenary session.”
He also points out that the mayor is aware of this issue, since a motion was held in plenary session on January 26, 2022 that debated and approved the request for Jácome to resign his salary due to “professional incompatibility.”
The complainants point out that “knowing that his professional activity and his salary as mayor are incompatible”, on July 14, 2021, Jácome assured the City Council that he did not have “any” case of possible incompatibility.
The complaint also explains that the councilor's professional income is determined by "the invoices issued by the party", Democracia Ourensana (DO), for "advertising and various jobs", which, according to the complainants, "are made effective directly with the contributions of the municipal group.”
The document also includes reviews of statements by Jácome in which he states: “The municipal group's money is spent on what I consider,” “I am the supplier and it is logical that I keep it,” “the investment of DO in Auria, which is me, we do it because we are smarter and more skilled.”
After ensuring that they noticed “arbitrary” resolutions for the subsidies of their municipal group, the complainants, now outside the DO, asked the Prosecutor's Office to admit the complaint to “provide what is appropriate for the prompt administration of justice, since the conduct developed by Mr. Jácome travels along the paths of illegality subject to criminal punishment.”
The motion is included in the attached documents of the complaint, which mentions a salary in 2019 of 34,191.95 euros and, as a private activity, according to the accounts presented by the Court of Auditors that the political party Democracia has invoiced Ourensana and its municipal group, 83,401.57 euros.
File of other causes
Shortly before the Galician regional elections in February, a judge closed the case opened against Jácome also for embezzlement at the request of the Prosecutor's Office who, based on an anonymous complaint, filed a complaint against the councilor accusing him of embezzlement of public funds.
She attributed the diversion of almost 100,000 euros from his political group to the television channel he owns, Auria TV.
Six months after the complaint, the public ministry retracted and requested the dismissal, coinciding with the moment in which the judge investigating the case, José Luis Doval, distanced himself from him, as Jácome had hired his wife.
The judge who replaced him saw the commission of the crime as justified.
Jácome accused political groups and the media of “having echoed a false complaint to overthrow the mayor of Ourense.”
The filing of this case marked the end of at least the legal lawsuits registered throughout the mandate against the mayor of Ourense.
“All the political judicial complaints have come to nothing and only show harassment and demolition without success and with zero basis,” the councilor stated then.
Jácome had already boasted during his appearance as an investigator before Judge Doval that the transfer he had made of public funds to his private business was “legal and ethical.”
And he warned right there that he would continue doing it.