Urban Planning
Juan Millán becomes the first village mayor to go to jail for granting illegal licences
09.10.11 - 14:59 -
Now behind bars. SUR
The former mayor of La Viñuela, Juan Millán Jabalera (PSOE), is now in Alhaurín de la Torre prison, the first leader of a village council in the province to serve a sentence behind bars. Millán was required to turn up at the prison on Thursday after his defence lawyer reached an out-of-court agreement with the prosecution department. The former mayor has accepted a 27 month sentence to avoid having to go on trial for the more than a dozen cases regarding illegal planning permission still pending. Millán, after 16 years running the council with an overall majority, stood down in February when he was given a 15 and a half year ban on holding public office and fined 13,515 euros for granting three illegal licences between 2001 and 2003.
Now he has followed the example of former GIL councillors in Marbella, including Julián Muñoz, by agreeing to a prison sentence in exchange for lumping all his pending cases together and avoiding trial.
The Penal Code states that, in the case of several related crimes, a defendant cannot be given a sentence of more than three times the maximum penalty for one offence. The deal establishes a nine month sentence for each offence, hence the 27 months agreed.
The former mayor had told relatives and friends that this way he would avoid becoming completely bankrupt, having already been handed a 13,515 euro fine in just one case.
Meanwhile other mayors in the Axarquía district have spoken out against what they describe as a “disproportionate” sentence. The local council leaders continue to stress their views that planning cases (that do not involve corruption charges) should be dealt with by administrative courts rather than criminal courts. They believe it to be “excessive” for a former mayor to have to go to prison, especially when there is no evidence or question of their accepting bribes for granting licences.
Phillip Smalley, President of SOHA (Save our Homes Axarquía), points out that if it is true that the mayor granted illegal licences then he should pay for it, “although there is a feeling that it is not a criminal act and no one wants to see this man in prison, especially at his age”.
“It’s not fair, especially with all the criminals that are walking the streets”, said the mayor of Arenas, Basilia Pareja.
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