Junaeb supplier sues new director for slanderous complaint about food program

In May of last year, Fernando Peña, the newly appointed national director of the Junta Nacional de Auxilio Escolar y Becas (Junaeb), announced an investigation and filed a complaint with the Public Ministry regarding payments made to one of the food suppliers under the School Feeding Program (PAE). This program, managed by Junaeb since April, provides meals to students across the country. The company in question was Sociedad Servicios de Alimentación (Soser), which had been paid approximately $14 billion following a tender process that Peña claimed involved price increases. These allegations were presented not only to the Public Ministry but also to the Council for the Defense of the State (CDE) and the Office of the Comptroller General of the Republic. Peña stated at the time that the president of the republic had personally instructed him to investigate these matters and take them before the courts and the Comptroller's office. He emphasized the seriousness of the situation, highlighting his commitment to ensuring transparency and accountability within the institution he now leads. However, the controversy did not end there. Recently, Soser took legal action against Peña, filing a formal complaint alleging defamation and administrative misconduct. This legal move was represented by lawyers Miguel Schürmann and Alejandro Awad from the firm BACS Abogados. The case was submitted to the Fourth Court of Guarantee in Santiago and deemed admissible by Judge Andrea Osorio of the same court. In their legal documents, Soser argues that Peña’s accusations lack foundation and that the price increases were justified based on the terms of the tender. They further point out that the same issues were already investigated in 2023 by the Public Ministry after a complaint from members of parliament. During this earlier inquiry, the investigation concluded with a definitive dismissal of charges against the company, determining that no crimes were committed in the alleged incidents. The company claims that Peña maliciously filed a complaint with the Public Ministry, attributing responsibility to Soser while being aware that these matters had already undergone an official investigation that ended with the definitive dismissal of the case. According to Soser, the accusations are baseless and constitute an unjust decision that undermines the proper administration of justice by improperly using state legal mechanisms. Additionally, they argue that such actions could affect the stability of a food service that Soser provides daily to thousands of children, girls, and adolescents in vulnerable situations throughout Chile. When Peña initially filed his complaint, he suggested that new evidence had emerged in the case. However, Soser denies this, stating that Peña's accusation aims to confuse both the Public Ministry and public opinion by implying that supposedly new evidence had been hidden during the previous investigation. In this regard, they assert that none of the accusations contained in the complaint align with reality or constitute a crime, as previously indicated and resolved in the respective investigation. They emphasize that the information in question was always available and known to the Public Ministry and the Fourth Court of Guarantee in Santiago, particularly at the moment when the process was concluded with the resolution of definitive dismissal on May 20, 2024. Following the acceptance of the complaint, Peña expressed his intention to continue with his legal proceedings, though specific statements from him regarding the next steps have yet to be fully detailed.