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The criminal court 37 of knowledge of Bogotá warned that prescribed several crimes in the process against the former head of the National Narcotics Directorate (DNE) Carlos Albornoz Guerrero. However, the judicial official condemned him for the irregularities in the sale of the Villa Country Shopping Center in Barranquilla.
“We are facing a reprehensible conspiracy,” said the judge in the case after questioning that the former head of the DNE and former custodian Camilo Bula agreed to commit irregularities and make a profit from the sale of the property.
The judge told Albornoz: “You indecently, indecently disposed of state assets. Out there are thousands of citizens who suffer every day looking for bread for their children and you thought that you were reaching a public position to take rich”.
And he added: “If you aspire to take public office to become rich, please do not graduate. There is the industry, there is music, there is sports if what you want is that economic gratification, but not in the positions Mr. Albornoz, you disappointed those expectations, you did not know how to hold the position with which the State rewarded you. “
“It cannot be said that it was a foreign event and that it only related to Camilo Bula,” the judge indicated after noting that without the participation of Albornoz Guerrero they would not have achieved the success of the “criminal agreement.”
And he questioned when making a count of the irregularities: “In what den of thieves are we? Rascals taking care of the State’s patrimony.”
The meaning of the conviction was issued for embezzlement by appropriation and procedural fraud. The judge said that Albornoz and Bula were co-perpetrators of those crimes.
The process is related to the irregular adjudication and sale of mafia assets, specifically for the Villa Country shopping center, located in Barranquilla. This episode also corresponds to the properties called Executive Center 2, Casa Bello Horizonte and the property on Calle 55, located in the capital of Atlántico.
The Prosecutor’s Office had charged him with the charges of embezzlement by appropriation in favor of third parties, procedural fraud, prevaricate, obtaining a false document, conspiracy to commit a crime, falsification in a private document and ideological falsification in a public document.
The judge made a tough claim to the Prosecutor’s Office for their behavior during the process and he described the entity as the accuser as negligent and even reckless.
He indicated that he even officiated during the process to the Director of the Prosecutor’s Offices and the then Attorney General of the Nation Néstor Humberto Martínez to adopt the measures to avoid “postponements and delays” and that a prosecutor be appointed exclusively to the process “or at least that It will take away the workload from those who exercised that role so that they could attend the case and print it more quickly. “
(Also read: ‘Because of my crime I cannot see my daughter and I left other children without a mother’)
He added that the postponements “were multiple, constant and repetitive” on behalf of the Prosecutor’s Office.
The judge said that before the prescription of several of the crimes charged, it could only be pronounced on the charges of embezzlement by appropriation, falsehood in public document, procedural fraud and prevaricate.
The official even certified copies so that the prosecutors who were in charge of the investigation could be investigated.
The judge said that despite the warnings, one of the prosecutors in the case behaved in a rude, haughty and disrespectful manner facing the requests of the office and insisting on requests such as appeals and unfounded nullities.
Faced with the crimes that did not prescribe, the judge acquitted the defendant for embezzlement in favor of third parties and certified copies against the prosecutor Santiago González Escobar. This acquittal only occurred against the management of the Centro Ejecutivo 2, Casa Bello Horizonte and 55 street property.
(Read in context: Carlos Albornoz is acquitted for irregular handling of mafia assets).
Judge gave credibility to witness Camilo Bula
Another decision was made by the judge regarding the delivery of the Villa Country Shopping Center.
The judge in the case gave credit to the statements of former prosecutor Camilo Bula Galeano, who pointed out that he made agreements with Albornoz Guerrero to deliver that asset and that a commission of 800 million pesos was received for that business.
The witness said that for the sale of that asset for a lower value than the real, several meetings were held and that the commission’s money was delivered to Albornoz Guerrero.
The judge also gave credibility to Ómar Figueroa, who was Albornoz’s successor in the DNE and pointed out the trial against his former boss who, on his orders, broke the rules to choose depositaries and liquidators.
Figueroa argued in court that the selection committee that had to examine the resumes of the depositories was not taken into account. In fact, he argued that bypassing the selection committee was only intended to Albornoz could handpick the administrators of the seized assets.
The judge said that Albornoz had the responsibility of ensuring that the process of delivering the goods was carried out in a transparent manner.. It also considered that the official cannot hide behind the delegation of functions to try to avoid their responsibilities.
He also pointed out that maneuvers such as the change of resolutions were made to benefit the intentions of the then director of the entity.
“It breached its role and functions”, the judge in the case insisted and questioned the appointment of Camilo Bula, who had no experience as depositary or liquidator and was appointed by the management of Albornoz Guerrero.
He indicated that with the maneuvers not only did Albornoz and Bula benefit economically, but also the appraiser, the promoter and the buyer of the good.
He said that other statements ratify Bula Galeano’s sayings and the plan to alienate other buyers so that the property could be bought by whom they wanted.
For example, Álvaro José Aparicio, former deputy director of goods, said that a cartel of goods was established in the DNE at one time and that indeed in the case of Villa Country the sale was for a lower value than it had to be sold.
Albornoz Guerrero had been acquitted in two other processes for events also related to the adjudication of the seized assets.
The former official was imprisoned for almost three years and was brought to trial because the Prosecutor’s Office found evidence that he had benefited from the sale below the market price of millionaire properties that had been seized from drug trafficking and that were under the administration of the National Directorate of Narcotic drugsNext year, after the amount of the sentence is announced, the parties will be able to file an appeal that would reach the second instance at the Superior Court of Bogotá.
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