Masks case: what happens now? And six more questions

Masks case: what happens now?  And six more questions

Conrad Dominguez. / C7

The contract with RR7 leads to a broader investigation, with the European Public Prosecutor's Office tracking an alleged embezzlement

Francisco Suarez Alamo

The Masks case is at the gates of a change of jurisdiction, a decision that can be a two-way decision. The keys to how the case is are summarized below.

1. Who is now judicially investigating the case?

The complaint of the Anticorruption Prosecutor for the contract of the Canary Islands Health Service was being instructed in Court number 7 of the capital of Gran Canaria. The referral by the European Public Prosecutor's Office of a letter stating that it assumes the case on understanding that there may be an embezzlement of community funds has meant a break in the investigation in the capital court.

2. Was RR7 paid or not from EU Feder funds?

According to the Intervention of the Autonomous Community, it was not paid from community funds. The Canary Islands Health Service was able to do so, but in the end it did not process this file charged to EU money. This is how it is collected in a letter of the Intervention that is already in the Court of Instruction number 7 of the capital of Gran Canaria.

3. Can the European Public Prosecutor investigate if it was not paid with European funds?

In the first place, the European Public Prosecutor's Office must receive this communication from the Intervention of the Autonomous Community. It also happens that the Prosecutor's Office not only examines the RR7 file but, based on the complaint of an individual, reviews a dozen contracts with as many companies on understanding that there could have been embezzlement of European funds. As for the jurisdiction that finally instructs the case of RR7, the judge of the capital of Gran Canaria can raise a jurisdictional conflict that would be settled in the Supreme Court.

4. How many people have been investigated so far?

Seven. First there were the three defendants: Conrado Domínguez (was director of the Canarian Health Service), Ana María Pérez (was director of Economic Resources in Health) and businessman Rayco Rubén González, owner of RR7. Later, the judge added, at the request of the Anti-Corruption Prosecutor, three others: the wife, the mother and a cousin of the owner of RR7, whose names appear in the companies that theoretically received part of the money paid by the SCS to RR7. And after dictating the secrecy of the proceedings, the judge added a seventh under investigation: Osvaldo Lastras, a friend of Conrado Domínguez and the person who put RR7 in contact with the Canary Islands Health Service. To do this, he used Samuel Machín, a friend of his who is also a friend of Rayco Rubén González. Samuel Machín has testified to date as a witness.

5. Why did Conrado Domínguez resign?

His resignation comes after the "radical turn" (expression of the investigating judge) of the case the day Rayco Rubén González testifies. The businessman provides mobile messages that dismantle what Conrado Domínguez said, since there was contact between the two before the signing of the contract of 4 million euros for a million masks that were never delivered. Conrado Domínguez had denied it before the prosecutor and also when he was called to testify by the judge. Rayco Rubén González provided his cell phone, with those messages and many more with people who participated in the gestation, concretion and follow-up of the contract. Conrado Domínguez had denied these contacts to the Government and resigned when he was told that his dismissal was going to be discussed in the Government Council.

6. What role does the Hearing of Accounts play?

As the regional supervisory body that it is, the Court decided this year, 'motu proprio', to review the contracts made during the start of the pandemic. In his draft report, he pointed out accounting responsibilities in the RR7 operation and reported it to the Court of Auditors on the fly, which opened proceedings, a procedure that has not concluded. That pre-report also pointed out that the regulations used by Health were not adequate and that more precautions should have been taken with the contracting companies. It also points out the millionaire purchase of unusable medical supplies that is in the warehouses of several hospitals. That draft opinion had allegations signed by Conrado Domínguez but that were not addressed by the Court. The pre-report was raised to the full Court in July and was rejected, with the vote against the directors appointed at the time by the PSOE and NC. From a practical point of view, there is no opinion as such. However, aside from the political use of it, the Court of Instruction claimed it and has in its possession that work of the Court.

7. What will happen to the investigation commission requested by the Canarian Coalition and the Popular Party?

The Regulations of the Parliament establish that to create an investigation commission it is necessary that it be requested by two groups or by a fifth of the members of the Chamber. The requirement is given and now, after going through the Table, it must be voted in full, where it requires 36 votes. If the Pact of the Flowers votes together, there will be no parliamentary commission.