bring charges against YAUYINO CHIEF ULYSSES RODRIGUEZ LAZARO for acts committed as a former mayor of Yauyos
By Order of April 1, 2009, the Second Criminal Chamber of the Supreme Court of Justice annulled the sentence that hung over Eduardo Ulises Rodríguez Lázaro for the crime against the public administration in the form of abuse of authority and embezzlement, against the State and the Provincial Municipality of Yauyos. Proceed has ordered a new trial, following a ruling by Mr Prosecutor, in order to issue new opinion order to establish with certainty the degree of responsibility or irresponsibility of the accused, today re-elected director Yauyos province of Lima Regional Government. We must remember that the accused he held for two terms as mayor from 1996-1998 and 1999-2001.
Pursuant to the provisions of the Supreme Court and then the analysis of the dossier, on 19 January this year Dr. Jesus Sunday Mavila Hall of the First Superior Prosecutor Prosecutor Criminal Superior Cañete, believes there is merit to proceed to trial, so it comes to bringing charges against ULYSSES RODRIGUEZ EDUARDO LAZARUS 43, for allegedly committing the crime against the public administration in the form of embezzlement and misappropriation of funds, to the detriment of the Provincial Municipality of Yauyos and state, requesting that imposed the penalty of six years of deprivation FREEDOM AND DISQUALIFICATION OF TWO YEARS, TWENTY THOUSAND noting soles, civil damages to be paid for the victims, 10 thousand soles should correspond to the Municipality of Yauyos and 10 thousand soles to the State.
charges against Ulises Rodriguez
1 .- Construction of the Municipal Sports Complex:
resources Executed Municipal Compensation Fund by minor award in stages and there was no contract, letter of guarantee of security, technical report completion certificate delivery.
a. - In 1996, given good protection by S /. 174,837.00 invested at the end of S /. 199,589.04.
b. - In 1997, pro gives good S /. 121,430.16 invested at the end of S /. 147,092.17.
c. - 1998 is executed by direct administration of S /. 16,283.00 invested at the end of S /. 24,855.92.
d. - 1999 is executed by direct administration of S /. 46,232.50 invested at the end of S /. 50,923.51.
2 .- Remodeling Constitution Park:
Work starting on July 3, 1996 approved a budget of S /. 171,300.00 resources soles Municipal Compensation Fund having FONCOMUN Additional expenditures without technical support to the detriment of the City by S /. 182,993.95 soles. Work that is in passable condition despite having just a five years old.
3 .- Municipal Stadium Renovation Yauyos:
The work was not completed despite the heavy investment of monies that were arranged by management methodology direct. It sowed "chunquín" instead of grass that had been budgeted. Was conducted in three phases:
a. - runs in 1997 awarded directly by having a budget of S /. 108,600.00 invested in the end the sum of S /. 136,082.60.
b. - 1999 is also implemented by direct award in the amount of S /. 16,561.42, reversing S /. 29,739.82.
c. - In 2000 planting grass awarded directly with a budget of S /. 26,893.95, with an actual cost of S /. 26,966.04.
4 .- Construction of Municipal Coliseum Yauyos:
was given by direct to reduce costs, the same that started with irregularities, being necessary to modify it to expand its budget, the same as they were from the Municipal Compensation Fund. Was awarded the bid in the amount of S /. 112,000.00.
5 .- Loan National Bank of S /. 770,000.00:
According to the report with that money he bought a HP Caterpillar Tractor Caterpillar D6G S /. 640,349.29, plus the cost of bidding for S /. 7,461.20.
You proceeded to purchase a Nissan 4x4 Double Cab truck S /. 28,262.50 plus S /. 2,876.57 for travel expenses, tickets, travel and others.
The balance amounting to S /. 29,050.40 would be used to purchase building materials for construction and payment of fees presumably already budgeted.
In this case we have determined that the mobile units were overpriced for purchase. Moreover sums exist Rental products purchased vehicles that were allegedly deposited in a checking account balance either unknown or destination of these resources, which in any case would have been appropriate.
MEASURES TO BE MADE:
As provided by the tax claim in the oral proceedings should be considered the following considerations:
a. - Expertise value of work and recovery in the price of vehicles purchased by the City Council by the appointed experts, should Municipality required to Yauyos submit sufficient documentation to make possible such expertise.
b. - Expertise in accounting amplifying should be clarified if the bidding process, direct awards and others are met and whether the amounts of vacation product mobile units were brought into the flows of the municipality, and if the resolutions adopted by the Provincial Municipality of Yauyos were met in full.
c. - It received testimony from: John Euler Hippolytus, Ascencio, Nicolas Arbizu Ramirez, Hector Victor Sierra Vargas, Adolfo Espinoza Albinagorda Alcibiades, Ambrosio Alejandro Fernandez, Angel Altamirano Ebelio Siguas, Toribio Primitivo Aguado Saravia, Juan Geronimo Arbieto Carrillo, Hugo Gutiérrez Felipe Guerra, Daniel Hurtado Serapio Palomares, Abanto Ravichagua Justo Miranda, Fernando Elvi Félix Rodríguez, Manolo Reyes Winston Ramos, José Tadeo Nixon and Paulina Ferrer Celinda Muñoz Barahona, who although have testified as prosecution (which was withheld), now must be heard as witnesses.
d. - The practice expertise in valuation of the works investigated by experts appointed, shall taken the view each of the technical files.
e. - Require the Provincial Municipality of Yauyos, submit sufficient documentation that sets forth the amount awarded by the National Bank as a loan, as well as documentation of the investment would underpin same.
f. - Require the Provincial Municipality of Yauyos, report on deposits made to the account opening by Caterpillar Tractor rentals and used truck purchased in the city of Tacna, and the detail the use made of it. (Eladio Quispe Muchotrigo).