Criminal complaint dismissed against former president of the PAB
10/07/2008
Magistrate No. 7 in Palma, has agreed to the dismissal of the interim criminal complaint filed by the company Boat Yard Palma, against the former chairman of the Port Authority of the Balearic Islands (PAB), Joan Verger, for giving the concession of the dry dock of the commercial docks in the Port of Palma to Port Technical Services (PTS ). Likewise, expert evidence requested by the complainant was denied. The judge has also imposed court costs to Boat Yard due to the fact that “temerity has been observed in the imposition of this lawsuit." In November 2006, Boat Yard filed a criminal complaint against the former president of the PAB, for alleged crimes of fraud, prohibited activities and prevarication of the resolution of the bid for procurement of haul out services for boats at the commercial docks of the Port of Palma in favour of STP. The proceedings, dated 2 July 2008, are filed in the provisional archives.In the brief, the judge revealed that charges by the complainant for the alleged offence of fraud by a public body were not supported with evidence. Among other arguments, the judge considered the declaration of the Technical Commission in charge of resolving the results of the bidding, which points out that the technical report was written unanimously by its three divisions. It also suggests that in the vote of the Board of Directors of the PAB, there were no votes against and that there were several abstentions from management heads, which were justified in that they did not want to decide in favour of any of their clients. Finally, the judge’s indictment contends that it does not appear that anyone was pressured by the former president of the PAB to make a conclusive report for awarding the concession to STP.
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