Podemos, which exercises popular accusation in the case masks, has asked the judge that the Councilor for the Treasury Engracia Hidalgo be charged with a possible crime of prevarication. The formation of Ione Belarra, which also asks that the high position Elena Collado testify as investigated and not as a witness, understands that Hidalgo had to know "the hiring instructions issued by his own department" and that the municipal funeral home allegedly failed to comply with the buy the sanitary material brought from China by the defendants Alberto Luceño and Luis Medina.
Chronology of the mask case: two years and a hit of six million after a VIP call to the Almeida Government
Engracia Hidalgo is a councilor for the Popular Party in the Madrid City Council and Treasury delegate in the municipal government of José Luis Martínez-Almeida. She previously held different positions in administrations led by the PP: Minister of Finance in the Community of Madrid or Secretary of State for Employment with Mariano Rajoy, among others. her name is in the agreement that in March 2020 left the purchase of medical supplies in the hands of the Madrid municipal funeral home in the first weeks of the pandemic.
The popular accusation that exercises Can understands that the reason given to date to justify this transfer - to be able to advance funds to suppliers - is something that was already contemplated by the Public Sector Contracts Law. The reason that makes this agreement suspicious, they say in the brief presented this Friday in court 47 of the capital, is "the removal of prior control of these advances from the work of the Intervention."
This agreement, says the popular accusation, was an "artifice" between the City Council and the Funeral Services Company, which for the party supposes "an evident and gross deviation from the legality whose disastrous consequences have now come, at least partially, to the light". The three contracts investigated, says Podemos, do not meet "any of the requirements that the Madrid City Council itself established for emergency contracting, thereby completely failing to comply with the provisions of the Public Sector Contract Law itself" in terms of emergency contracts .
Engracia Hidalgo, says Podemos, had to know all this and that is why she must testify as a defendant. "Inevitably, she must have been aware of the hiring instructions issued by her own department and that, as a consequence of the signing of the agreement, were not fulfilled," she says in her letter. The result of this operation that delegated to the funeral home what it allowed, says Belarra's party, is "to release the funds without the need for prior approval of the Intervention of the Madrid City Council, who obviously, given the obvious irregularities of the regulation itself to cases of emergency, it would never have authorized them, and therefore, the damage to the Madrid City Council that is now being investigated would not have occurred.
They also request that Elena Collado, budget coordinator of the consistory who at that time also coordinated the purchase of medical supplies, declare as a defendant and not as a witness. The judge himself suspended her statement scheduled for May 9 as a witness to ask the parties if she should be accompanied by a lawyer. Collado was the one who maintained constant contact with the businessman Alberto Luceño while the purchase and delivery of masks, gloves and tests were managed. Before the Anticorruption Prosecutor, Collado denied having knowledge of the existence of the commissions that are now being investigated. The PSOE already ordered a few weeks ago to declare as accused.
The name of Engracia Hidalgo, for her part, also appears in the summary, although to date neither the Prosecutor's Office nor the judge have brought any type of accusation against her or against anyone related to the Madrid City Council. Her email, for example, was among those who received the first emails from Luis Medina after a cousin of the mayor put him in contact with the municipal corporation.