Health rules out the "accounting irregularity" in the Masks case

The Minister of Health, Blas Trujillo (i) and the director of the SCS, Conrado Domínguez. / arcadio suarez

The Canary Islands Health Service raises its allegations to the Audiencia de Cuentas and stresses that the contracts were in accordance with the regulations

«
The Directorate (of Economic Resources) at all times he has carried
file with transparency, under the principles that govern any administrative action, in accordance with the provisions of the regulations, framed in an alarm situation in the face of the largest pandemic that it has managed, without hiding or inferring in the performance of the audit, acting within the regulatory framework ». This sums up the
Canary Health Service (SCS) his performance in the call
case Maskswhich was revealed by this newspaper.

That assessment appears in the thirty pages of
health claims before him
pre-report of the Audiencia de Cuentas de Canariaswhich evaluated the performance of the SCS in the hiring made at the beginning of the pandemic.

Regarding the Mascarillas case, the Court detected
indications of accounting irregularityfor which he raised the file to
Court Accounts, which has opened proceedings. In parallel, the
Anti-Corruption Prosecutor's Office investigates since April if Health committed
misappropriation or embezzlement and if the company
RR7 incurred a
alleged scam.

As will be recalled, RR7, a company dedicated to buying and selling cars, received from the SCS
four million euros for one million masksmaterial that was not delivered to Health.

allegations

In its pleadings, the SCS stresses that "
there is no basis to allege accounting liabilitygiven that advance payments and their administrative regularization were made in accordance with existing regulations.

In this sense, Health says that both in that file "and in the rest of those that were processed to deal with the contingencies derived from covid-19
It was carried out under the protection of article 120 of the Public Sector Contracts Law and article 16 of Royal Decree-Law 7/2020, of March 12, because urgent measures are adopted to respond to the economic impact of covid-19. These articles regulate and establish the emergency processing for the case at hand.

The brief of allegations sent to the Court and signed by the general director of the Canary Health Service, Conrado Domínguez, adds that "at all times" the General Directorate of Economic Resources has been guided in that file under the premise that "the the object of the contract» signed with RR7.

Breaches

In the sight of
"continuous breaches" of the aforementioned company, the SCS initiated the
procedure to terminate said contractwhich led, as he adds, to a
second proposal of RR7 of "a change in the mask model with similar and not inferior protection, a proposal that was made in accordance with the existing health situation at that time, the existing stocks and the general interest, but which was again breached" by the company.

In its account of events, Health adds that «at the current date, the debt of RR7 United SL is in
way of award in the Canary Islands Tax Agency». With default interest,
global debt now amounts to five million of euros.

As detailed by both the President of the Canary Islands, Ángel Víctor Torres, and the Ministers of Health and the Presidency, Blas Trujillo and Julio Pérez, respectively, the
dozen attempts to recover the money via embargo or properties for an equivalent amount has had a result
unsuccessful. Health reported all this to the Prosecutor's Office last month.

The context of the pandemic

In its extensive pleadings, the Canarian Health Service underlines the importance of being in
the context in which the hiring took place audited by the Audiencia de Cuentas, that is, at the very beginning of the pandemic (year 2020).

"This exercise of contextualization", says the brief, "is required in accordance with the jurisprudential doctrine on the prohibition of logical return, according to which
it is not appropriate to make an assessment from later events unknown at the time of the triggering behavior of the year, being obliged to situate oneself at the time of the events».

"Adjusted to Right"

According to the Canary Health Service,
the contract with RR7 for the purchase of one million masks and the rest of the contracts made at the beginning of the pandemic under emergency processing were
"adjusted to law".

In this sense, it adds that it appears in the files that the Court of Accounts analyzed
the documentary accreditation “sufficiently motivated of the concurrent circumstances and the factual and legal background that justified the application of said procedure to the contracts.

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