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25 Apr 2009 12:00 AM by ROUGHDIAMOND Star rating in Bristol. 88 forum posts Send private message

 

 

 

 

The fiscal denunciation by falsification to the ex- socialist mayor of Fields of the River

 

SOURCE

It is accused, along with the edile Juan Luis Peñalver, to invent a document to favor the procedure of the city-planning file on Hills Springboard

 

The sword of Justice returns to sift itself, threatening, on a mayor. Or on who, being mayor, incurred criminal facts supposedly. The Socialist Ricardo Valverde I reddle, who was to the front of the City council of Fields of the River until the last year, will have to respond in the court of a presumed crime of public document falsification, in which it would have fallen taken by the apparent will to favor the procedure of the city-planning file of Hills Springboard Resort Golf. This complex, that has crossed infinity of visicitudes, contemplates to the construction of 2,0000 houses and a golf course.

It denounces of the Office of the public prosecutor

Ricardo Valverde, that already has the condition of imputed in the diligences abiertas by the Court of First Instance and Instruction number 2 of Mule, is accompanied in this subject by the promoter of that city-planning complex, Antonio Martinez González, and by the councilman of Urbanism, also the socialist Juan Luis Peñalver Candel, both also imputed in the same cause.

The diligences have been begun after the Office of the public prosecutor Superior of Murcia presented/displayed denunciation against these three people by presumed documentary falsification. In particular, of the result of the investigations of the public prosecutor it is deduced that Juan Luis Peñalver, following the indications of Valverde mayor, would have made incorporate a false document to the file of Hills Springboard, with the purpose of to smooth his procedure. The mentioned paper would have been written up specifically, with supposed the false date of 2 of June of the 2004, to pre-date until that day, of artificial form, the beginning of the mentioned city-planning file and that of that form was not affected by the Law 9/06, that forced Hills Springboard to surpass more administrative stumbling blocks.

As much arquitecta as the town clerk has confirmed who that document did not appear in the file. Still more, the own secretary declared before the public prosecutor who was in September of the 2006 when Peñalver councilman gave in hand the paper to him and, indicating that he was by order of the mayor, asked to him that certificara so that he had legal effects in the procedure of the partial plan of Hills Springboard.

Without Commentaries

The hearing rejects the request of invalidity of the complaint by swindle against Hills Springboard

SOURCE

The Provincial Hearing of Murcia, in a car to which it has had access EFE, has rejected the resource of the real estate promoter Antonio Martinez, proprietor of the company “Hills Springboard Resort Golf”, that it tried that the invalidity of the complaint presented/displayed against him by the presumed crimes of swindle and illegal appropriation was declared.

The Section Third of the Hearing considers that the complaint against this company that projects an urbanization of more than 2,000 houses in Fields of the River (Murcia) fulfills the legal requirements and it does not present/display the defects of form alleged by the appellant.

In particular, the Hearing indicates that, although the complaint writing was not accompanied by a special power, this absence can be corrected, “reason why it is not possible to decree the invalidity in the terms interested in the appellant”.

It adds that “the complaint without being able special is not obstacle so that the penal process begins in inquiry of the facts narrated in the same against the person or people to those who its commission is attributed”.

It also gathers the car that the plaintiff contributed a writing in which she appears the granting of the special power in favor of a solicitor “with faculties to undertake action by the presumed crimes of swindle and illegal appropriation in front of the Antonio defendant Martinez”.

With this agreement, the Provincial Hearing of Murcia ratifies the resolution of the Court of Instruction of Mule who admitted the complaint and that she investigates if the denounced facts are constituent of the mentioned crimes.

The company “Hills Springboard Resort Golf” was affected several months ago by the initial nonapproval of its project by the city council of Fields of the River and the delay in the execution of works has originated him numerous claims.

Regards

Brian




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25 Apr 2009 11:16 AM by cpboyd Star rating in BELFAST N/IRELAND. 89 forum posts Send private message

Thanks for that post but anybody outthere know what it all means?



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26 Apr 2009 3:46 AM by billandann Star rating in BENALMADENA. 51 forum posts Send private message

Ditto and has anyone got any good news or at least less negative news




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26 Apr 2009 9:48 AM by Fruit Star rating in Costa Calidia - Murc.... 74 forum posts Send private message

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La Audiencia Provincial de Murcia ha rechazado el recurso del promotor inmobiliario Antonio Martínez, propietario de la empresa Trampolín Hills Golf Resort , que pretendía que se declarara la nulidad de un a querella presentada contra él por los presuntos delitos de estafa y apropiación indebida. The Provincial Court of Murcia has rejected the appeal by the developer Antonio Martínez, the owner of the company Trampoline Hills Golf Resort, which sought to declare the nullity of a complaint filed against him for the alleged crimes of fraud and misappropriation.

La Sección Tercera de la Audiencia considera que la querella contra esta empresa cumple con los requisitos legales y no presenta los defectos de forma alegados por el recurrente. The Third Division of the High Court considers that the complaint against the company complies with legal requirements and does not present the formal defects alleged by the appellant. En concreto, indica que, aunque el escrito de querella no fuese acompañado de un poder especial, como alega el abogado del promotor, esta ausencia se puede subsanar, «por lo que no cabe decretar la nulidad en los términos interesados por el recurrente». Specifically, it indicates that although the letter of complaint was not accompanied by a special power, as alleged by counsel for the promoter, its absence can be overcome, "it does not declare it invalid under the terms of the appellant concerned.
Añade que «la querella sin poder especial no es óbice para que el proceso penal se inicie en averiguación de los hechos narrados en la misma contra la persona o personas a quienes se atribuye su comisión». He adds that "the complaint without prejudice is no special power to initiate criminal proceedings are under investigation of the facts narrated in the same against the person or persons to whom is attributed the commission."
Con este acuerdo se ratifica la resolución del Juzgado de Instrucción de Mula que admitió la querella y que investiga si los hechos denunciados son constitutivos de los citados delitos. With this agreement confirms the decision of the Magistrate's Court in Mula who admitted that investigates the complaint and if the facts alleged to constitute those crimes.
La empresa Trampolín Hills Golf Resort se vio afectada durante meses por la no aprobación inicial de su proyecto por el Ayuntamiento de Campos del Río y el retraso en las obras le ha originado numerosas reclamaciones. The company Trampolín Hills Golf Resort was affected for months for the non approval of his project by the City of Campos del Rio and the delay in construction has given rise to many complaints.



This message was last edited by Fruit on 4/26/2009.



This message was last edited by Fruit on 4/26/2009.

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26 Apr 2009 12:10 PM by jogary Star rating in UK. 193 forum posts Send private message

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The articles referred to by Roughdiamond and Fruit relate to 2 separate issues:

The article from Roughdiamond relates to a charge of falsifying a legal document, required as part of the planning process for Trampolin Hills. This charge is aimed at Antonio and the ex-Mayor of Campos Del Rio. The impact of this is two-fold:

a) Criminal proceedings against Antonio

b) A further delay in the approval process for Trampolin Hills

The article from Fruit refers to Antonio appealing against the validity of charges of fraud and misappropriation levied against him. This appeal has been rejected; therefore I would assume that these criminal proceedings would continue




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26 Apr 2009 12:16 PM by jogary Star rating in UK. 193 forum posts Send private message

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This message was last edited by jogary on 4/26/2009.


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