Court Expands Prevarication Probe Into Icod de los Vinos Mayor

Court Expands Prevarication Probe Into Icod de los Vinos Mayor

Source: El Día

A judge has expanded the criminal investigation into Icod de los Vinos Mayor Javier Sierra Jorge, rejecting his request to dismiss charges of prevarication by omission regarding his alleged failure to discipline a municipal employee.

The judicial investigation into the mayor of Icod de los Vinos, Javier Sierra Jorge, has intensified following new rulings from the local Court of Instruction. The judge has officially expanded the scope of the case and rejected the mayor’s request to have the charges dismissed.

The case centers on allegations of "prevarication by omission"—essentially, the claim that the mayor deliberately failed to perform his official duties. The prosecution, which is seeking to bar the mayor from public office for 15 years, argues that he intentionally stalled disciplinary proceedings against a municipal employee due to their personal relationship. The court has now formally included a series of letters sent by the complainant between March and October 2023, which highlight the mayor’s lack of response to repeated requests for action.

Legally, this case hinges on whether the mayor had a clear duty to act and whether his failure to do so was a conscious, arbitrary decision. The judge emphasized that the current proceedings are not yet a trial to determine guilt, but an investigation to see if there is enough evidence to justify one. The court rejected the defense’s argument that the situation was merely a minor administrative error, stating that it must be determined in court whether the mayor’s inaction was a deliberate attempt to avoid his responsibilities.

The mayor’s legal team has filed an appeal against the latest ruling, having previously challenged the court’s initial finding that there was evidence of a crime. As the case moves forward, it highlights the fine line between administrative management and the criminal accountability of public officials.