Portal de Cartagena
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The Magistrate Judge of the Court of Instruction No. 3 of Cartagena has agreed to file open preliminary investigations on a complaint for alleged malfeasance brought against the vice mayor of Cartagena, Agustín Guillén, and two officials from the Planning Department following a license granted in the deputation of Perín.
The court finds that the proceedings have been carried out relevant and necessary for the qualification of the facts and that such evidence is duly justified the perpetration of the crime that has given rise to the formation of the case.
The judge agrees with its explanatory memorandum to the defense arguments of Deputy Mayor and city officials, that since the first time recognized that the processing of the license had been a mistake to be corrected immediately.
Specifically, the request had been omitted from the mandatory report from the general direction of the Natural to the license granted in the field of PORN. The report was requested and was favorable.
The judge recalled that an officer personally took this error there is insufficient data to claim that attended willful misconduct of the accused.
The judge said that in any case, the classification of land can not be a matter to be dealt with by the criminal, but it is a matter pertaining to the administrative jurisdiction.
The case was opened in November 2009 following a complaint by a builder to the prosecutor and the Socialist Party also joined in her prosecution.
The same day the complaint was known, Agustín Guillén appeared before the media, after informing the local groups to explain in detail the procedure under investigation.
Guillen stated that his complaint and the head of the Legal Service of Urban Intervention for events occurred in December 2006, when he was councilman Urban Area.
The fact at issue was the granting by the city of Cartagena in a license to build a house in the area of Los Skewers Perín, requested D.
Botella José Luis García on 8 September 2006.
The license was supported by a technical report and other legal and finally endorsed by the council.
Guillen publicly reported that the license was originally granted in error without environmental report, but this deficiency was corrected immediately.
The site is located in an area affected by the Plan of Management of Natural Resources of the Sierra de La Muela, Cape Tiñoso and Mount Roland and any license required in this place needs a previous report from the General Directorate of Natural Environment.
The architect, who reported for the first time a work in that area, thought that the fact of being in rural town made it unnecessary to report.
On 27 February 2007 Planning person in a neighbor warned of the error and, after finding that he was right, a proposal from the Head of Legal Department, two days later I signed the decree suspending the effects of license .
In September of that year, called for the mandatory report to the Natural, which was issued in December 2008.
The license is granted, finally, in April 2009.
Source: Ayuntamiento de Cartagena
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