Witnesses have confirmed the fraud of the former DYA president, according to the prosecution
The trial will continue on Tuesday with the statement of the two defendants, after which the parties will submit their final reports.
The lawyer for the Association for Road Assistance (DYA), Pablo Münzenmayer, appreciates that witnesses and experts have provided sufficient evidence to convict Fernando Izagirre and his partner, Juan Diego Gallardo , the first of whom was president of the DYA until 2021 and who, together with his partner, allegedly appropriated 4.7 million.
At the end of the first day of the trial at the Court of Bizkaia, Münzenmayer, who is a private prosecution, has explained that the testimonies heard in the courtroom show that the two acted together to transfer about EUR 5 million from DYA funds to other companies, taking advantage of their status as administrators or partners.
For this reason, tomorrow he will request in his final report that the two persons under investigation be found guilty of an offence of unfair administration and be sentenced to eight years' imprisonment. On the other hand, the other individual indictment acting on behalf of Emergencias Plus will limit the request for a conviction for that offence to six years.
They will also claim a penalty of two and a half years for forgery of commercial documents.
The prosecution, for its part, is demanding seven years' imprisonment for Izagirre and four years for Gallardo.
Among the witnesses, Santiago Gonzalo, who took over the position of Emergency Director of the Basque Government when Izagirre ceased to be President, has expressed surprise that he has received from the lawyer advising the NGO "a handful of papers" showing alleged irregularities in the management of the institution.
Hehad to order the activity of a "financial coroner" to clarify this "imbalance" in K ontos because Izagirre did not provide documentation justifying the "loans" granted by the DYA to other institutions, nor the online purchases of €35,000 made through the DYA card.
He explained that "no member of the DYA committee knew that the company was making million-dollar loans to Emergengy Plus", a subsidiary supposedly created to manage DYA's Human Resources, which would enable this NGO to run for public competitions, and then that these funds went to other companies and ended up in the hands of the two investigated.
Javier Liz , who was manager of the NGO since 2021, has claimed that he received a "very worrying treasury," that all his real estate is mortgaged, and that more than 5 million loans were granted to a subsidiary.
"I found nothing to support these payments"or to explain why 4.7 million of those credits ended up in Ambulancias Barcelona, an inactive company since 2011 that decided to travel to Barcelona to investigate these "strange operations."
He learned that from this company, at the same time, they were diverted to two other commercial companies "not related to DYA", of which Izagirre and Gallardo were administrators or partners, so the DYA management decided to report the possible crime.
After learning that DYA's debt was "uncollectible," the association entered the cause of dissolution and then into a creditor competition.
Izagirre, in addition to being a PNV councillor at Galdakao City Council, took up the position of general coordinator of the DYA in 2006 and was president of the organization for about five years since 2016, during which time, in collaboration with his partner in several companies based in Catalonia, Gallardo, diverted funds from the charity to these commercial companies, as the complainants have assured, and have tested.
The trial will continue tomorrow with the statement of the two defendants, after which both parties will submit their final reports.
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