Recommended firing of Ombudsperson for notorious negligence
SUSPENDED OMBUDSPERSON Patria Portugal was hit with a double whammy on Tuesday. July 30 as the Criminal Court of Appeals confirmed her suspension, and the order barring her from leaving the country and the National Assembly Credentials Committee recommended her dismissal.
After her appearance before the committee to answer questions about contracts she had made, the Credentials Committee recommended that the Assembly proceed with her removal of Portugal for "notorious negligence in carrying out the duties of office" in the procurement of consulting services in which irregularities were committed.
Their recommendation was based upon a clause in the law that created the Office of the Ombudsman which stipulates that one of the grounds for the suspension or removal from office of the Ombudsman is “notorious negligence in carrying out the duties of office."
The resolution came after the committee reviewed the documentation of the case and the answers given by Portugal during her two appearances at the Assembly (one before the full Assembly and another before the Credentials Committee). The recommendation considered that "there is evidence of poor justification for the approval of contracts subject to the full questionnaire, which would set a disciplinary offense”
Portugal is being investigated for embezzlement and was suspended from office at the request of the Attorney General Ana Belfon, for the commission of alleged irregularities in the hiring company Imaginarium Studio, SA, chaired by militant CD Jean Paul Ortega Ramirez 23, for $ 250 000 for a design consultancy.
She was also questioned about another direct contract for $ 200,000 to the company in Avant, SA [Owned by Jazmine Ramirez, mother of Ortega Ramirez] to train staff in customer service.
The resolution of the committee said that knowing the relationship between the two legal representatives of the companies mentioned, " it was her duty not to approve one contract and to comply with the other provisions outlined in this report."
Minutes after the committee took the decision, Sergio Gálvez, President of the National Assembly, said the Assembly will discuss the report in the coming days.
He called for patience. "The Assembly has to have 47 votes to approve the removal of the advocate. I feel there is a large majority of members having a virtual consensus that supports the request of the Credentials Committee to remove Patria Portugal.”
To remove the Ombudsperson under the Constitution, required two-thirds vote of the members of the Assembly is 47 votes out of 71.
THE CRIMINAL CASE
The Court of Appeals of the Criminal Chamber of the Supreme Court confirmed the precautionary measures for the removal of Portugal as a champion of the people and to bar her from leaving the country.
Portugal was not present at the appeal hearing, which lasted nearly an hour says La Prensa.
The process involved Harry Diaz rapporteur judge, and his decision was endorsed by his colleagues Gabriel Fernandez and Luis Carrasco, and alternate judges Jose Ayu Prado and Jerónimo Mejía..
In his pleadings, Luis Santamaría, Portugal’s lawyer, made excuses because his client was unable to attend the hearing because of health problems and he requested the revocation of the suspension applied to her..
Attorney General Ana Belfon asked for the retention of the precautionary measures because, in her view, there was the possibility of the destruction of evidence in the case.