The events occurred in 2012 and 2013. The manager of ESE ‘Tulia Durán de Borrero’ entered into a contract with a doctor who had ongoing criminal proceedings and was disabled.
DIARIO DEL HUILA, INVESTIGATION
CARLOS ANDRES PEREZ TRUJILLO
Everything seems to indicate that the doctors Roldán Montealegre and Kamal Salem Abubakerl will not get away well from the trial they will face, since a recent decision by the Fourth Chamber of Criminal Decision of the Superior Court of Neiva denied nullifying a process where they are judged for violating the regime of incapacities when entering into a contract.
According to the court report between 2012 and 2013, when the doctor Roldán Montealegre was the manager and legal representative of the State Social Enterprise (ESE) ‘Tulia Durán de Borrero’ in the municipality of Baraya (H), processed, approved and He entered into several contracts with the doctor Kamal Salem Abubakerl Al-Twaee, despite the fact that he was disqualified from entering into contracts with the State.
The contractual object was “the provision of services autonomously and independently by the contractor and in favor of the ESE as general practitioner coordinator of the assistance area.” However, what was not taken into account was that the doctor Kamal had two executed criminal convictions.
The process
On August 18, 2022, the Third Criminal Court of the Circuit denied the request for annulment of all the proceedings, requested by the two doctors from the beginning of the preparatory hearing in the process that is being brought forward for these crimes of violation of the legal regime. or constitutional of disabilities and incompatibilities in homogeneous and successive competition.
On July 13, 2018, the representative of the Attorney General’s Office filed an indictment against Kamal Salem Abubakerl Al-Twaee. The action corresponded to the Fifth Criminal Court of the Circuit with Functions of this town, office that held the hearing for the formulation of accusation on September 20, in which it filed charges for the crime of violation of the legal or constitutional regime of disabilities and incompatibilities , as intervener.
That same year, the process was joined with that of the doctor Roldán Montealegre, to whom the Prosecutor’s Office had opened in 2017. In 2019 the preparatory hearing began and it was continued in 2021. In August of last year, Salem’s defense requested that all proceedings be annulled since sufficient procedural guarantees had not been provided to his defense.
According to the judicial report, the “foundation on which the violation of the right to defense persists by having ignored the enunciation of evidence by the Defense bench, omitting to state what evidence they intended to request later, a situation that was validated by the parties, without that evidence be left of what evidence his predecessor really intended to state, being unable to request any to distort the theory of the Prosecutor’s case, which in his opinion shows what pertains to the demonstration of the principle of transcendence to decree the annulment ”. Despite this argument, the office denied the request and it has now been confirmed by the Superior Court of Neiva.
“As announced from the beginning, the annulment requested by the Public Defender has no vocation for prosperity, since contrary to her arguments, once the procedural action has been verified, her right to technical defense has not been violated, nor material that leads to decree the annulment of the proceeding, especially if it was she herself who previously confined her request for evidence to the testimony of Kamal Salem Abubakerl Al-Twaee, which makes it possible to note that the lawyer was fully aware that they did not have other evidence to request, an aspect that , was rightly warned by the Representative of the Prosecutor’s Office, ”says the high court.
Further on it states: “It should be noted that, in order to guarantee the defense of the aforementioned defendant, the Defense of Kamal Salem Abubakerl Al-Twaee had a reasonable amount of time to exhaust the investigative work, since between the date of the hearing for the formulation of the accusation – September 20, 2018 – and the start of the preparatory hearing – April 29, 2019 – seven months elapsed, however, despite the fact that the defendant had full knowledge of the process against him and attended the first session of the preparatory hearing , the probative request of his Defenders was circumscribed “solely and exclusively” to the testimony of the aforementioned”.
Kamal Salen’s crimes
Everything seems to indicate that the doctor Kamal Salen Abubakerl has had frequent problems with the law and even with his family.
One of these legal problems has to do with an enforceable sentence for the crime of lack of food delivered by the Municipal Criminal Court 4 with Decongestion Functions of Cali (August 19, 2008).
The other criminal decision is related to fraud to a judicial resolution handed down by Criminal Court 2 of the Garzón Circuit (March 26, 2010). These two judicial decisions were also accompanied by a disqualification from holding public office from January 2, 2009 to January 1, 2014.
But these problems with justice are not the only ones that Kamal registers, in Neiva Administrative Court 10 there is evidence of a demand for direct reparation against the doctor and other people, apparently for the death of Luis Eduardo Yara Trujillo (service failure). , which occurred in August 2020.
In the registry of unified national consultations, only in Huila there are 17 judicial notes that obey administrative, civil and criminal processes. Among those mentioned are lawsuits with Bancolombia, Coasmedas, among others.
The scandals of the doctor Roldán
The doctor Roldan Montealegre Cárdenas, has also been required by justice for alleged crimes, and even disciplinary offenses.
Last year it was learned that Roldán, being manager of the San Juan de Dios Health Center in El Pital (Huila), was sanctioned with dismissal and disqualified from holding positions or performing public functions for 180 months. This first instance decision was the result of a complaint filed by the municipal representative, Santiago Ardila Quintero, without complying with the legal requirements.
One of these celebrations was held with a doctor who did not accredit his title; and the second charge was related to the linking of an assistant with false documentation. The doctor who can defend himself in a second instance, has been the subject of frequent complaints in the management of the municipalities of Rivera, La Plata and Baraya.
In the municipality of Rivera, he was appointed to the position of manager on May 30, 2008 (for four years). There he was revealed from the position because he toured the departments of Santander and Boyacá, as well as other places on the Caribbean coast in 2009. They declared his vacancy and appointed another manager. This ride, in addition to costing him his job, earned him an 11-year sentence.
In addition to the controversial trip, in 2008, one month after taking office, he increased the salaries of all employees without the authorization of the board of directors. He did the same in the municipality of La Plata when he took over as manager of ESE San Sebastián (2009-2012). There he tried, under the figure of representation expenses, to increase his salary income. This led to a tax investigation.