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Mayor of Frigiliana and six councillors to give evidence in Torrox court as fraud investigation continues

The investigation in the Malaga province town centres on seven alleged offences: misconduct in public office, misappropriation of public funds, fraud in public procurement, forgery, coercion, influence-peddling and membership of a criminal organisation

Two Guardia Civil officers and top left-hand corner, the mayor of Frigiliana.
María José Díaz Alcalá

The court in Torrox on the eastern Costa del Sol handling the investigation into misconduct in public office and embezzlement of public funds at Frigiliana town hall ... has summoned seven people to give evidence in the coming weeks as persons under investigation, including the town's mayor, Alejandro Herrero and six councillors, according to a statement from the High Court of Justice of Andalucía (TSJA).

The same sources have specified that the investigation is focusing on seven alleged offences: misconduct in public office, misappropriation of public funds, fraud in public procurement, influence peddling and membership of a criminal organisation. The Guardia Civil has also listed possible offences of forgery and coercion.

A search was carried out at the town hall on Tuesday 30 June which lasted for more than thirteen hours and concluded after 10.30 pm. Investigators also searched three other premises, including a bar and a private residence, looking for documentation. During the police operation, officers confiscated the mobile phones of the mayor, Alejandro Herrero, and councillors.

Herrero remained inside the town hall throughout the inspection and, on leaving, briefly explained to the media that they had been “all day making photocopies” and that “in principle, everything is fine”. However, the court in Torrox has since confirmed that the seven local politicians will have to answer to the judicial authorities.

Contracts, invoices and files

In addition to the mayor, the six councillors who have been summoned to give evidence are: María del Carmen Cerezo, Antonio Manuel López, Francisco Iranzo, Sonia Castillo, Andrés Ortega and Eduardo Jesús García Sánchez.

The Guardia Civil focused much of its investigation on contracts, invoices and administrative files relating to various municipal departments. According to sources close to the case consulted by SUR, the documents seized relate to around twenty companies that have provided services or supplies to the town hall in recent years.

Investigators seized the mobile phones of the mayor and other councillors to ensure that the investigation could proceed

The investigation was not confined to the town hall. The search for documentation also took the officers to other locations in town, including a private residence and a well-known bar. According to sources consulted, part of the investigation is believed to relate to a contract under suspicion linked to a company associated with the mayor’s family.

During the operation, investigators seized the mobile phones of the councillor and the other members of the council to ensure that the proceedings could go ahead. This meant that the local politicians were virtually cut off from the outside world while the searches and the seizure of municipal documents were taking place.

Complaint

The case is said to have originated from a complaint lodged by a municipal secretary and auditor who worked at the town hall between 2022 and 2023. The civil servant is said to have raised objections to invoices and contracts with various companies supplying the town hall.

According to the sources consulted these objections were subsequently overturned by resolutions during council meetings and the executive committee, in accordance with the procedure laid down in local finance legislation. It is precisely this documentation, together with the files gathered by the investigating officers, that is now under scrutiny.

The accounting officer is reported to have raised objections to invoices and contracts with various companies supplying the town hall

As he left the town hall shortly after 10.30pm, Herrero told reporters that the officers had been “gathering data, invoices and documentation”, adding, “We’ve been making photocopies all day." Despite looking visibly tired, he said, "So far, so good.”

The case is a major blow to the Socialist PSOE party in power at Frigiliana town hall, where Alejandro Herrero became mayor following a motion of no confidence in February 2017 and where he has governed with an absolute majority since 2019. The judicial investigation also reopens the political debate on municipal procurement and the allegations that the opposition has been making over recent years.

Opposition calls for mayor’s immediate resignation

The PSOE in Malaga, after learning of the operation, called for "prudence" and "respect" for the judicial investigation. Socialist sources stated on Tuesday that they had learned of the operation through the media and offered their “full cooperation” to ensure that the facts under investigation are clarified as soon as possible.

The secretary-general of the opposition Partido Popular (PP) in Malaga, José Ramón Carmona, called on Wednesday for the "immediate" resignation of the mayor and the councillors under investigation. During a visit to Frigiliana alongside the PP’s local spokesperson, Pedro Alcántara, Carmona argued that, although his party respects the presumption of innocence and the work of the courts, “there is a political responsibility".

The PP leader has argued that in Frigiliana “it’s like adding insult to injury” and pointed out that the local PP has been denouncing alleged irregularities in municipal procurement for years. Carmona pointed out that these warnings were raised “council meeting after council meeting” and referred to invoices without budgetary allocation, contracts awarded without due process and a lack of transparency in the socialist administration’s management.

The secretary-general of the PP in Málaga, José Ramón Carmona, with his party’s local councillors Lucrecia López and Pedro Alcántara, in Frigiliana on Wednesday.
The secretary-general of the PP in Málaga, José Ramón Carmona, with his party’s local councillors Lucrecia López and Pedro Alcántara, in Frigiliana on Wednesday. (SUR)

Carmona has claimed that the PSOE “is riddled with corruption” and has linked the Frigiliana case to other issues which, according to the PP, affect the PSOE in Malaga and across Spain. The PP’s provincial leader has insisted that, if the mayor and his councillors fail to provide explanations or tender their resignations, the “aura of corruption” will spread to the entire PSOE in Malaga.

Alcántara has stated that the PP in Frigiliana “is not happy” with the situation, but has argued that the opposition has a duty to scrutinise the local government’s actions. The PP spokesperson has demanded explanations in light of the “unease” caused in the town and has criticised the PSOE administration for the lack of a budget, stressing that “every cent of public money must be accounted for”.

Vox is calling for the mayor of Frigiliana and the councillors under investigation to step aside whilst the facts are being established

The far-right Vox party coordinator in Frigiliana, Juan González, has called for all the facts to be clarified and for those politically responsible to be held to account as soon as possible. The party states that it opposes any action that could harm local residents and presents itself as an alternative to "revitalise" local politics and combat cronyism, favouritism and a lack of transparency.

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Mayor of Frigiliana and six councillors to give evidence in Torrox court as fraud investigation continues

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Mayor of Frigiliana and six councillors to give evidence in Torrox court as fraud investigation continues