2024-09-04 03:15:00
«The negligence in the handling of public works at the San Roque School in Aguada did not escape the attention of the courts. There is no one who intervenes from the area that manages contracted projects. They defend the interests of contracting companies more than those of the public administration«.
Judge Ignacio Pombo’s words, transmitted via Zoom, resonated on the large screen installed in the ATEN union hall. The plaintiffs’ lawyers, the families of the victims of the explosion 1,162 days ago, and the union leadership all listened with bated breath. The reading of the verdict is in progress, but No one applauded, hugged or celebrated By the time the transmission ended and the LED lights went off, everyone was convinced that, yes, the verdict had convicted five of the six defendants.
«Corrupt public works sit on the bench“Said Darío Kosovsky, one of ATEN’s lawyers. «This has never happened before. “This is an unprecedented judicial decision for a province that has never sat in power, and when power does,” he added. , which is also the result of years of efforts by labor unions and social organizations. “
Hugs at ATEN headquarters after the verdict was read. (Cecilia Maletti)
“This is a difficult case because it involves public authorities and a situation of corruption”said his colleague Federico Egea. “It is important to get results in these areas and we hope it will have sufficient impact and be well read by those who currently exercise the power to manage public affairs.”
five of six defendants
The tribunal, composed of Pombo, Maximiliano Bagnat and Lisandro Borgonovo, declared five of the six defendants responsible for a series of crimes.
On June 29, 2021, an explosion and fire broke out at the school in Shelter 144. Teacher Mónica Jara (34 years old, on her first day at work) died; gas worker Nicolás Francés (70 years old, non-local) Regularly employed, without documents, without declaration, without registration) and his nephew Mariano Spinedi (47 years old, who went with him to help him).
Relatives of the victims and complainants gathered in ATEN province to hear the verdict. (Cecilia Maletti)
According to the verdict, which was read out by the judge just after 1:40 p.m. on Tuesday and broadcast on Zoom and YouTube, “responsibility for this accident lies with the defendants. “This was not a known or desired outcome, but a result of their Occurs due to negligence or non-compliance. “
who and why
• Diego BurghroniAs a technical manager on the job, failed to implement safety protocols. He also didn’t put up signs, posters or fences. It allows exposure to people outside of work. He employed Eduardo Afione and Nicolas Francis from time to time. He did not notify YPF Gas of the work. He did not ask the gas technician to perform a gas tightness test. It increases the risk allowed. As the author, he was declared liable for negligent damages aggravated by causing death, in real competition with a fraudulent administration, to the detriment of the public administration as a necessary actor.
• Hector Villanueva. As managing partner of Arte Construcciones, he assumes responsibility for this work. He made informal subcontracts to Eduardo Afione and Nicolás Francés. He took no steps to comply with the requirements of the tender documents. It creates risk situations beyond those permitted by law. He was declared liable for negligent damages aggravated by causing death and as a necessary participant in cases of genuine insolvency and fraudulent administration prejudicial to public administration.
• Sergio PecatPublic Works Inspector. He does not supervise or control the work being done. Monitoring of his mobile phone showed he did not go to school on days when he signed several certificates measuring his work progress. As an inspector, he has no control over whether YPF Gas receives the notice. It allows progress to be made without air tightness testing. Forgery of public documents. He was declared liable for negligent damages aggravated by the consequences of death, as author, in actual competition with a fraudulent administration, and to the detriment of public administration as author, in ideal competition with ideological falsification of public documents.
Carlos Cordoba and Raul Capdevila, Served as Director of Contracting Projects and Director of Provincial Contracting Projects respectively. They increase the risk allowed. Both men knew that the work had not been completed on the date of the accident. They knew the director was at the school and did nothing to prevent her from entering. On the day of the explosion, Capdevila contacted Villanueva to request the information, and Villanueva told him to ask Afione for it, indicating that Capdevila knew Afione was working at the construction site. As authors, they were declared liable for negligent damages aggravated by causing death, in real competition with the fraudulent administration, to the detriment of the public administration as co-authors.
Open (or close) Roberto Deza’s door
Juan is a partner with Mónica Jara and Marcela is a partner with Nicolás Francés. (Cecilia Maletti)
According to the court, Testing is not enough prove Roberto DezaThe former deputy minister of public works knew that the work at the school had not been completed at the time of the incident, and he could not prove that he knew that the progress measurements signed by Pecat were false. Therefore he was acquitted.
In the most unique part of the verdict, the judge noted that witnesses presented by the defense revealed a “lack of transparency and control” “Maybe it’s a rule Within the Undersecretary of Public Works” but “Plaintiff They didn’t bring enough items to prove cartelization.
“They could have provided more information related to other public works that would have demonstrated that property owners in the area were aware of the violations and They are part of habitual and naturalized practices Public officials and state contractors. That cannot be recognized On trial.
An isolated case?
ATEN Provincial Hall, where the verdict is pronounced. (Cecilia Maletti)
Is this the famous “isolated case”? What happened in San Roque Aguada Hasn’t it been repeated in other works? Prosecutor Dario Kossovsky believes Deza’s acquittal will be a challenge. «In this regard, the ruling is contradictory. The strength of the argument, in relation to the other defendants, that there was serious sabotage and fraud in the public administration culminating in the explosion, “They didn’t take into account an isolated incident.”he said during the consultation rio negro newspapers.
On the other hand, he believed that the judge “They have the courage to make decisions that are unpopular in spaces of powerwhich will be criticized by those in spaces of power” but “will be welcomed in the future by those who have to look after our boys, girls, teachers and workers”.
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