This Thursday, the Prosecutor’s Office reported that it had opened an investigation into possible acts of corruption that would have surrounded the decision of Judge Rafael Antonio Matos Rodelo, who recently ruled in favor of Sura and Cementos Argos.
The Prosecutor’s Office investigates why the two lawsuits fell in the same court; the admitting orders and the adoption of precautionary measures, which would have been given almost simultaneously and in record time, according to a report The Republic. “It is worth remembering that the precautionary measures were the legal argument used by the administration of Grupo Sura, headed by Gonzalo Pérez, to not comply with the order issued by the Board to sell the participation in the multilatina de alimentos”, says the newspaper.
This is stated in the statement of the Prosecutor’s Office:
“Regarding the process that is being carried out for a public offer (OPA) to acquire the shares of Grupo Nutresa, the Office of the Attorney General of the Nation allows itself to inform:
1. The Prosecutor’s Office received two criminal complaints related to the civil lawsuits filed by Grupo de Inversiones Suramericana (Grupo Sura SA) and Compañía de Cementos Argos SA The foregoing, due to possible irregularities in the distribution procedures, in which admission orders and in the adoption of precautionary measures, in the processing of said civil lawsuits, which could configure acts of judicial corruption.
2. Once the situation, its complexity and the seriousness of the facts were known, the Prosecutor’s Office ordered the approach of the investigation through the Specialized Directorate against Corruption and appointed a team made up of two prosecutors, one of them a Delegate before the Court of District, as well as an interdisciplinary group of judicial police officers, including experts in computer forensics, business administrators, accountants, and lawyers. This, in order to guarantee the strategic, agile and effective progress of the investigation and give a prompt response to the public on the clarification of these facts that are of public interest.
Sura and Cementos Argos, in trouble: these are the serious indications that the Prosecutor’s Office has for possible judicial corruption
A team of specialized prosecutors is investigating a possible act of judicial corruption that would have occurred in the midst of the recent takeover bid for Nutresa.
This Thursday it was learned that the Prosecutor’s Office received two criminal complaints for possible crimes committed in the distribution of civil lawsuits filed by Sura and Cementos Argos, on November 16, as well as in the admitting orders and in the precautionary measures that ended up affecting the OPA formulated by IHC and which was declared void.
WEEK learned the details of the complaints in which possible irregularities of the Fifth Civil Court of the Medellín Circuit, in charge of Rafael Antonio Matos Rodelo, are warned.
In the first place, it is noteworthy that the complaints filed by Sura and Cementos Argos against María Ximena Lombana, Ángela María Tafur and Andrés Bernal, from Sura’s board of directors, coincidentally, were assigned by distribution to the same office of Judge Matos Rodelo . in the capital of Antioquia.
But not only that. Both lawsuits were admitted outside court hours, which would go against the provisions of the Superior Council of the Judiciary and Agreement 4029, which sets court hours for judicial offices in Medellín and Antioquia.
Said hours are from 8:00 am to 12:00 noon, and from 1:00 pm to 5:00 pm Despite this, the two lawsuits filed by Sura and Cementos Argos were admitted at 5:02:56 pm and at 5:05:26 p.m.
“Given the foregoing, it is not clear what was the reason for the Office to set a state outside of the judicial hours that corresponds to it in accordance with the guidelines of the Superior Council of the Judiciary,” says one of the lawsuits, filed by the lawyer Andrés Waiter.
The precautionary measures issued by Judge Matos Rodelo, on November 17, according to information from the judicial branch, and the orders have not been notified by states.
The demands of Sura and Cementos Argos sought to stop the votes of Andrés Bernal, María Ximena Lombana and Angela María Tafur, who approved Sura’s participation in the takeover bid for Nutresa formulated by IHC.
In the complaint before the Prosecutor’s Office, the lawyer Garzón warns that on November 17, “without the state’s order of precautionary measures having been notified,” Sura published at 9:51:39 pm, in the information system of the Financial Superintendence of Colombia, the content of the order of precautionary measures of the court.
Judge Matos Rodelo decreed a precautionary measure consisting of ordering Sura’s legal representatives to refrain from complying with the orders of the board of directors, particularly those related to the sale of 11 billion pesos in the IHC takeover bid by Nutresa. The same precautionary measures were decreed in the lawsuit filed by Cementos Argos.
“Mr. Prosecutor, it is not a secret that in our country, in recent times, there have been cases in which the distribution of judicial proceedings has been rigged so that certain matters are known to certain judicial offices, proof of this is the well-known Mattos case”, says the complaint filed with the Prosecutor’s Office.
* Gabriel Gilinski is a shareholder of SEMANA Publications