Those investigated must respond for alleged excess of functions and omission to properly monitor contractual execution.
The Attorney General’s Office brought charges against the then alternate manager of the Public Services Company (ESP) Centrales Eléctricas del Cauca (Cedelca SA), Yanamileth Tovar Díaz; and supervisor of the bilateral held with the company Deloitte & Touche Ltda., Julio César Terán Rosero, for alleged excess of functions and omission to properly monitor contractual execution.
First of all, the control entity questioned Tovar Díaz because, apparently, signed the contract suspension document with the aim of developing a new economic model without being the supervisor and modified the requirement related to the extension of the warranty at the time of suspension, without being empowered to make that determination which contradicted the Audit Manual.
In a second charge, he reproached him for allegedly sign the aforementioned minutes derived from the contract for the provision of services, acting as legal representative of Cedelca, without holding that position at that time, and being aware of the appointment of the new manager, because he attended the event in which he was nominated for that position.
Terán Rosero was accused an alleged lack of diligence for not demanding the quality of the goods and services acquiredsince he would have authorized payment to the contractor for incomplete activities and deliverables, and would also have ignored his duty to inform the contractor of the circumstances that put him at risk and materialized the partial breach of the contract.
At this stage of the process, the alleged faults of those investigated were classified as very serious, those of the former official as committed with intent, and that of Terán Rosero as serious fault.
The procedural subjects may present defenses and/or request or provide evidence that they consider relevant for their defense. The file will be sent to the corresponding office so that it can assume knowledge of the trial stage regarding the charges made.