Despite the fact that the public complaint no longer advances for “reparation agreements,” the Popular Unity organization, which made the complaint, continues to await a response from the Prosecutor’s Office.
About two months have passed since the leaders of Unidad Popular submitted an investigation request to the Prosecutor’s Office, on the case of alleged charges for the management of operating permits of the Compañía de Taxis Sangay SA, of Quito, by the brother Councilor Orlando Núñez (Mauricio Núñez) and his former advisor Janet Lascano. However, the Prosecutor’s Office has not yet ruled.
Although Jorge Lugmaña Llumiquinga, president of the Compañía de Taxis Sangay SA, said, through a statement, that he will not continue with the legal action against Mauricio Núñez and Janet Lascano, for the collection of $ 10,000 for operating permits, this legal process would not stop here.
Although Núñez’s lawyers returned the requested money to Lugmaña, the crimes do not cease to exist because there is reparation for the victim, points out Pablo Encalada, a criminal lawyer.
“The crime existed, although there was reparation. And this crime is against the public administration, so, in this case, the crime was carried out at the time of the economic transaction (…). For this reason, the Prosecutor’s Office has the legal obligation to investigate and even more so if there is a complaint, ”explains Encalada.
Although the initial public complaint that was made by Lugmaña, in front of the Mobility Commission of the Metropolitan Council, would no longer continue with its process, Natasha Rojas, leader of Unidad Popular (UP), requested an investigation request to the Prosecutor’s Office to that, according to Rojas, the perpetrators, accomplices and accessories to a possible crime of influence peddling, bribery and fraud be discovered.
“We are waiting for the Prosecutor’s Office to summon us to acknowledge the signature and signature so that the entire investigation process against the request we request continues,” Rojas said, adding that this type of action cannot be forgotten.
At the moment the complaint is in the fiscal investigation stage that could last up to a year. However, as explained by the criminal lawyer Joffre Campaña, this process should not take more than 3 months because there would be enough evidence of the crime, “it should be a relatively quick matter and, in this way, initiate a criminal process to punish such serious conduct because Not only influence peddling is at stake, but also the conduct of officials who use public office to enrich themselves, ”Campaña concludes.
Once the Prosecutor’s Office makes this call, the UP leaders must present elements of fact and law, that is, the corresponding evidence that supports the complaint and contributes to the progress of the investigation.
Marco Cadena, lawyer for Unidad Popular, explained that they will present proof of the delivery of the money by the cooperative to Mauricio Núñez and Janet Lascano. In addition, he mentioned that the person in charge of this case is the provincial prosecutor of Pichincha, Alberto Santillán Molina.
This newspaper tried to communicate with Councilor Orlando Núñez, however, there was no response. The last known of the official and his brother was that they would have left the country, on September 23, on a musical tour. Since then there have been no pronouncements by those involved.
Likewise, opinions were sought from the council members of the Mobility Commission of the Metropolitan Council, to find out how the investigation is progressing within the Municipality of Quito and no answers were obtained.
For their part, Natasha Rojas and Marco Cadena claim to have met with the mayor of Quito, Santiago Guarderas, to request that, through Quito Honesto, they also send an investigation request regarding this complaint.
“The mayor told us that he will have the doors open so that the issues of the fight against corruption can flow and we take him at his word,” concluded Cadena.
What the law says
Article 580 of the Comprehensive Organic Criminal Code (COIP) determines that in the preliminary investigation phase “the elements of conviction of the charge and discharge will be gathered, allowing the prosecutor to decide whether or not to formulate the accusation and to do so, will make it possible to the investigated prepare his defense ”.
“The moment Núñez returns the money, he is acknowledging that he received money to carry out a procedure within the Municipality of Quito, which is normally free. There are elements of influence peddling here ”, Natasha Rojas, leader of Unidad Popular.