Apparent irregularities in the signing of the concession contract with OAS has led to a complaint being filed against Presidenta Laura Chinchilla and officials of the Concessions Council (Concejo de Concesiones, in Spanish).
José Rojas spent Friday afternoon with a prosecutor, giving his statement in which he alleges that the OAS signatory did not have the power to sign the contract and irregularities by the Presidenta and her officials.
The concession contract awarded to the Brazilian firm OAS for the rebuilding of the San José – San Ramón road, a contract that Presindeta Chinchilla announced on Monday would be rescinded, was signed by Brazilian Humberto Pereira as representative of the concessionaire.
However, Pereira had ceased to be the company’s legal representative 15 days before the signing. OAS argues that Pereira was still able to sign, because the revocation was filed with the Registro on February 12, 11 days after the signing of the contract.
According to the Registro, however, Pereira no loner had any power and that the only way it would be legal is if the Brazilian was totally unaware that he had been removed as representative of the company.
This is not the only aspect of the contract that raises questions. Even the Ombudsman (Defensoría de los Habitantes) has called for an account.
Being questioned is the notarized document by notary Marcela Alfaro, of the law firm Lacle y Gutiérrez. In comparing notes of the records of the notary and of the registry certificates, there appears to be a discrepancy.
Rojas, in filing his complaint, says that under the circumstances then there should be no compensation payment to the OAS.
Presidenta Chinchilla, in her address to the nation last Monday night said that the government, in cancelling the contract, would be compensating OAS for up to US$30 million dollars for expenditures in the concession process.