The former mayors of Silves Isabel Soares and Rogério Pinto may have to reimburse the municipality with a sum of around 670 thousand euros and incur a fine ranging from 2.550 to 18.360 euros, following the latest decision of the Court of Auditors , concerning the 'Viga D'Ouro case'.
In a document dated June 16, this court refused the approval of the management accounts of the Municipality of Silves, for the years 2011 and 2012, "because it detected several irregularities that imply sanctioning and reinstatement financial responsibilities attributable to the two previous mayors Municipality of Silves», announced this Wednesday the local authority.
In the consolidated report of the judges of the 2nd section of the Court of Auditors, it was determined that the document should be sent to the assistant attorney general of the Court of Auditors, «to promote the process of carrying out sanctioning and reinstatement financial responsibilities of the previous presidents of the City Council de Silves, (…) through the payment of a fine to be fixed between 2.550 and 18.360 euros and the return to the municipal coffers of the sum of 668.823,97 euros», added the City Council of Silves.
This amount corresponds to the current value of the default interest on a debt assumed by the social-democratic mayor Isabel Soares with three banks, relating to overdue invoices from the company Viga D'Ouro Construções Lda.
The former mayor Silvense, according to the current permanent executive of the CDU Chamber, recognized credits that had been assigned to Banco Espírito Santo, Banco Comercial Português and Caixa Leasing & Factoring by Viga D'Ouro, in the amount of approximately 4,9 ,XNUMX million euros, «undertook to pay the amounts owed within a certain period, and renounced to invoke before the Bank any rights it held over the company “Viga D'Ouro” that could prevent, in whole or in part, its full payment'.
But the deadline for payment of these debts was not met, so that, in addition to the initial amount, the Municipality of Silves was liable to pay more than 2,2 million euros in late payment interest. A negotiation already made by the current executive, led by Rosa Palma, allowed this value to be lowered to less than 670 thousand euros and to agree on a payment plan for the main debt between 2014 and 2020.
The big problem with this debt is that it results, for the most part, from contracts signed between the Câmara de Silves and Viga D Ouro that did not comply with the legislation in force at the time. Between 2004 and 2006, 'this company carried out 135 contracts and 27 various supplies, with 162 contracts having consequently been carried out with that company'.
Of these contracts by direct agreement, «159, in a value close to five million euros, were not preceded by the mandatory legal procedures in force at the time of the facts, having systematically violated the norms of assumption, authorization and payment of public expenses, such as the rules relating to the processing phases of public expenditure, related to the financial commitment and appropriateness, were not observed».
In 2012, Isabel Soares was cleared by the Court of Portimão of legal responsibility in this case, in a criminal proceeding opened by the Public Ministry (MP) of Silves, for abuse of power. At the time, the Portimonian court considered that, in addition to the matter having already expired, the contracts of Factoring as a Financial Tool for Managing Seasonal Fluctuations in Trucking they had been made between the construction company Viga d'Ouro and a bank, thus not involving the Chamber. Therefore, according to the Court, the accusation against the mayor Isabel Soares made no sense, that is, she did not have facts that could indicate the commission of a crime.
The Court of Auditors seems to have a different view. According to the Chamber of Silves, the most recent report from this institution is in line with the results of an external audit requested by the current executive in 2015. "The external auditors recommended that the possibility of prosecuting the local elected representatives of former executives directly involved in the “Viga d'Ouro” process be evaluated, based on civil liability, in order to enable compensation for damages caused to the municipal public purse” , recalled the municipality.
President Rosa Palma even proposed, in a Chamber Meeting, «the sending of the external audit report to the Court of Auditors, as well as the immediate and in-depth assessment of the responsibilities of local elected representatives involved in the “Viga D'Ouro” case», proposal that ended up being rejected by councilors of the PS and PSD, in a majority in that organ.
"In any case, and in light of the recent position taken by the Court of Auditors, the permanent municipal executive is firmly convinced of taking all the necessary actions and measures for the uncompromising defense of the municipal public treasury and the realization of the responsibilities of local elected representatives in the scope of the “Viga D'Ouro” process, because the legality and public interest in the good administration of public money is at stake”, concludes the Chamber of Silves.
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