The sentence of the insolvency case of the former municipal company Azores Parque will be repeated in the Judicial Court of Ponta Delgada, in the Azores, with sessions scheduled for November 02, 03 and 04revealed this Tuesday a source linked to the process.
In February, the Lisbon Court of Appeal ordered the review of the case in which the president of the Regional Government of the Azores was acquitted of the culpable insolvency of the former municipal company and, initially, the first session was scheduled for Wednesday.
At the time, a source linked to the case told the Lusa agency that the court decided to “annul the judgment of first instance of the guilty insolvency incident” of the former municipal company Azores Parque, determining the repetition of the trial.
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This is the sale of Azores Parque — Sociedade de Desenvolvimento e Gestão de Parques Empresariais, a municipal company from Ponta Delgada whose objective was the promotion and urban real estate development of business parks.
At the time of the events —2019—, the presidency of the Ponta Delgada City Council was held by the current president of the Regional Government of the Azores, José Manuel Bolieiro (PSD).
In the ruling of February 8, to which Lusa had access, the Lisbon Court of Appeal decided to “hear the appeal” filed by the defense attorney of Carlos Silveira, who was the legal administrator of Azores Parque, and one of the only two convicted in this case.
In addition to annulling the sentence, the Court of Appeals determined the “summons” of the former president of Santa Clara, Rui Cordeiro, and “his involvement in the guilty insolvency incident.”
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The first instance ruling, issued on April 19, 2021, exonerated the president of the Regional Government, former mayor Maria José Duarte e Humberto Melo, who was then vice president of the municipality, from culpable insolvency.
José Manuel Bolieiro and Maria José Duarte were, at the time of the sale of the company, mayor and councilor, respectively, and integrated the administration of Azores Parque.
In the statement sent to the newsrooms at the time, the court determined that the previous administration of Azores Parque “complied with the legal norms, that is, by providing coverage for losses, seeking the internalization of the company and, subsequently, its sale”.
Thus, “the Court considered that the conditions were not met to classify the insolvency as negligent, for which it determined the acquittal” of the aforementioned directors, as well as of Luísa Moniz, who was a councilor in that room.
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This instance concluded the “culpable nature of the insolvency” of this company, with “personal affectation” of Carlos Silveira and Khaled Saleh, “who were prohibited from exercising trade and holding any position as holder of commercial or civil law ”. entity company”, association or private foundation of economic activity, public company or cooperative, for a period of four years”.
The accounting report available for Azores Parque for 2017 showed a Liabilities greater than 11 million euros, of which 10.5 million correspond to bank liabilities.
The sale of the company was approved by the Municipal Assembly, in November 2018, and made official in March 2019, when the trading company Alixir Capital bought 102 thousand shares, with a nominal value of five euros each, making a total of 510 thousand euros, but they were acquired for 500 euros.
In eight months, Azores Parque sold several properties for 705 thousand eurosbut he withdrew all the money from the bank accounts before he was declared insolvent.
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At the same time, Banco Santander filed a lawsuit accusing the City Council, then headed by the current president of the Provincial Council, José Manuel Bolieiro, of having evaded the payment of the credit, for an amount of 7.5 million of euros, with sale of 51% of the share capital of Azores Parque.
Millenium BCP also filed a lawsuit against the municipality, which it accuses of having acted illegally.
EITHER Bank demands payment of 3.12 million euros referring to two comfort letters signed by the Chamber, in which the municipality undertook not to abdicate its majority position in the company until the loans were paid.
Source: Observadora
