This reproach is extended by the agents to Marín herself: “The mayor was able to adopt the measures that her powers as an authority allow, among others, the opening of disciplinary records or investigation of the facts, even after the police and judicial action” and “did not do anything about it”. The Police also criticizes for not demanding resignations. The analysis of the councilor’s mobile does not provide new data about alleged abnormalities in the Sports Council, nor clearly incriminating conversations against her. The agents insist, however, that there was allegedly an “objective and deliberate abstention” by the mayor by not giving “due treatment” to the “crime news“(disclosure of the commission of a presumably criminal act), by not denouncing.
incomplete audit
Marín became aware of the alleged irregularities in February 2020, when the also councilor James Graells explained it to him. This alderman sent her a message on the 3rd of that month: “Núria, I need to talk to you. I have received information about anomalies in the management of the Sports Council. It should be this week. Minimum one hour because it has fabric. You will tell me”. The next day, Graells met with the mayor. Later, he did the same with Alcázar and Plaza and they denied the irregularities. In the end, the Consell Esportiu commissioned a audit which did not conclude due to the police operation. The city council could not agree on it because it was a private non-profit entity, although there are representatives of the consistory in its directive. The agents maintain that Marín was no stranger to managing the audit.
“A lot of time has passed without us doing anything,” Graells wrote to Marin after a few days. “It is recorded as read”, the agents point out about said message. The report emphasizes that the socialist leader had “clear, express and concrete” knowledge through this councilor of the irregularities in the Consell, such as supposedly unjustified dietsan alleged rigged dismissal or a “economic gap”. According to the Police, Marín should have acted. “This inaction has allowed those responsible to articulate mechanisms to discredit the complainant,” the report concludes. That the mayor answered with a simple “ok” to messages sent by Graells supposes for the agents that Marín did not show a special interest in what he was explaining and in “deeping” into the facts under suspicion. “He does not look like this with the complainant, not even as you find yourself, practically making him fall into ostracism,” they argue.
“empathic attitude”
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The report deduces, instead, that in the “communicative iter” deployed by the mayor with “those responsible” for the alleged irregularities (those under investigation Alcázar and Plaza) and with “the closest environment”, a “empathetic and consensual attitude”. And he adds that the conversations “reveal” that Marín lends “his care and support” to his two imputed party colleagues. The Police goes further and argues that they verify “an interest between those investigated and the mayor for minimize the risks regarding their actions and influencing, in some way, members of the board of directors [del Consell] towards their interests”. The report not only analyzes the messages found on Marín’s mobile phone, but also those of the other defendants and cross-references it with their statements.
The report reveals that a whatsapp group called “Crisis” in which members of the consistory participated, including the mayor, and in which its members shared comments and information published in the press about the irregularities. Regarding its content, the Police concludes that, “despite being made up” of “relevant” people and “with decision-making capacity” from the city council itself, “there are no conversations that point to no interest in clarifying the facts” that led to “the arrest of people from his own government (Alcázar and Plaza)”.