The defendants would seek to challenge the judge in charge of the Reficar case

One of the preparatory hearings for the trial for the Reficar corruption scandal is scheduled for November 4, 2020, an embezzlement that exceeded 8,000 million dollars due to unjustified cost overruns in the construction of the Cartagena Refinery, from 2007 to 2016.

The case, which the former attorney general of the nation Néstor Humberto Martínez described as “one of the biggest corruption scandals in the country”, could go back in court after knowing that Betulia Orduña Holguín, the 31st criminal judge, who has ordered several actions within the process, would have been a contractor of the State in the supply of fuels through contracts for hundreds of millions of pesos that appear in the Electronic Service of Public Contracting (SECOP), between the company Dispetrocom Ltda and Ecopetrol.

Some of those prosecuted after the loss of assets of 8,000 million dollars would seek to challenge the judge, who until October 14, 2020 served as legal representative of the company Dispetrocom Ltda., A company dedicated to the sale of fuels, which according to the attorney of one of those involved, would have celebrated at least 5 contracts, for 523 million pesos with Ecopetrol, as he told El Tiempo.

The lawyer of one of those responsible for the Reficar scandal said that they are evaluating recusing the judge and to investigate whether or not he has violated norms that prevent public servants from contracting with the StateTaking into account that the jurisprudence of the high courts says that in the event that the judge accepts that there is an impediment, the trial is changed and continues.

Although an official ruling from the judge is unknown, W Radio contacted Felipe Bayón, president of Ecopetrol, who declared that the conflict of interest is a figure that must be considered internally in the company. “The commercial information is correct, but assessing an alleged conflict of interest depends on each person and, in this case, it is up to the judge to make that assessment.”

The official added that, in the case of Reficar, the state oil company is a victim and that at no time does it interfere with the judges assigned to the case. “Within Ecopetrol we are very strict in saying that the problem is not that there is a conflict of interest or not. The problem is if one does not declare it in any situation, big or small, to step aside”, added Bayón.

Judge Orduña is summoning a hearing to continue promoting the trial for alleged undue interest in the conclusion of contracts, embezzlement due to appropriation, falsification of documents and illicit enrichment of individuals, after signing an official letter on April 27, 2020, informing the attorneys of the accused that the probative discovery has not yet been completed.

In the trial, it must be considered that Ecopetrol is the current owner of one hundred percent of Reficar and that in the case of Judge Betulia Orduña Holguín, the law prohibits the simultaneous exercise of judicial activity with acts of contracting with the State to ensure absolute impartiality in the decisions made.

Dispetrocom Ltda. Is a company created in October 1993 for the sale of lubricants, fuels, oil and derivatives, as stated in public deed. The company appears to be contracting with Ecopetrol for “the supply of fuel for mobile points.”

The foregoing is part of one of the reasons why those involved would seek to declare the substantive decisions taken at trial null and void, arguing a possible violation of due process. One of the attorneys for the accused indicates that article 126 of the Constitution is being violated, which says that “Public servants may not enter into, by themselves or through an intermediary, or on behalf of another, any contract with public entities or with private persons that manage or administer public resources, except for legal exceptions.

Despite the fact that those responsible for the embezzlement insist on their innocence and it is legally viable for the judge to consider that there is no type of disability or legal incompatibility, the problem with the responsibility of this jurisdiction may delay the beginning of the trial in which those involved are awaiting a conviction, and in which the Prosecutor’s Office determined that “They modified clauses and agreements causing an additional cost that doubled the initial budget of the refinery from 3,700 to 8,000 million dollars, and delayed the project for three more years.”

See more:

Government clarified that it will not sell its stake in Ecopetrol next year

Ecopetrol expects that before the end of 2020 the contract to carry out the fracking pilots in Colombia will be signed