فاس نيوز ميديا جريدة الكترونية جهوية تعنى بشؤون و أخبار جهة فاس مكناس – متجددة على مدار الساعة
The investigative judge at the Rabat Court of Appeals said that the decision to refer the file of the head of the Ksar al-Kabeer community, Mohamed al-Simo, the parliamentarian from Larache province, and his associates to the first instance criminal chamber of the same court, was based on the results of investigations that revealed irregularities in the implementation of public deals.
The judge explained that the investigation showed that deal No. 2017/30 related to the construction of a covered hall for training in the Ksar El-Kebir community was awarded to the company “General Construction Med” based on the consultation system that relies on technical and financial scoring, and although the deal was supposed to be awarded based on the lowest financial offer, the company concerned won the deal based on the combination of points from the technical and financial evaluations, contrary to the provisions of Articles 18 and 40 of the public procurement decree.
The judge added that the second paragraph of Article 18 of the Public Procurement Decree specifies the criteria to be followed to assess the technical and financial capabilities of the competitors, where the price criterion is used to award the deal. Therefore, the deal should have been awarded to the lowest financial bidder, taking into account only the technical evaluation of the selection of the contractors.
The judge emphasized that the consultation system followed by the Ksar El Kabir community contradicted the legal requirements, which caused damage to the community’s finances, as the difference between the two offers was found to be about 374,595.60 dirhams, in addition, the deal with the winning company was canceled because it did not comply with the conditions, proving that it did not meet the required technical standards.
With regard to the purchase of a piece of land, the judge stated that the defendant Mohamed Simo admitted to resorting to consensual acquisition based on the Minister of Interior’s circular, after the group had initiated expropriation procedures but did not complete them to avoid potential compensation. She noted that the choice of consensual disposal was in violation of Article 65 of Organizational Law 14.113 on Territorial Communities, which states that expropriation procedures must be adhered to in order to achieve public benefit.
The judge also noted that the group awarded orders to the companies “Sivi” and “Mahdetelecom” despite the fact that their services did not match its core activities, and that these companies modified their statutes to suit the requirements of the orders, and that they have a relationship with the group as some of their owners applied to run as members of the group.
The judge continued by pointing out that the company “Timavoir” was entrusted with the preparation of public squares during the Ashura season, and it sold tents to street vendors and collected money from them, which was confirmed by the complaints that were investigated.
According to the sources, the public prosecution is pursuing Mohamed al-Simo on charges related to embezzlement, squandering public funds and participating in receiving a benefit from a contract in an organization he manages and supervises, while 11 other defendants in the file are also pursuing charges of participating in the embezzlement and squandering of public funds, while another defendant faces charges of receiving a benefit from an organization he manages.
Mohamed Simo, along with 11 other defendants, appeared before the prosecutor general at the Rabat Court of Appeals in late December 2023 on charges related to embezzlement and misappropriation of public funds. The charges revolve around irregularities in public deals that took place during Simo’s tenure in the collective council during 2021, which were examined by the National Judicial Police Squad.
The first session of Mohamed Al-Simo’s trial is expected to begin on September 9, when the details of the case will be presented before the criminal chamber of first instance, in a move that looks to achieve justice and return the looted funds.
Source : Fez News Media
