Local government
Frigiliana councillors exercise right to remain silent in alleged corruption case
The mayor of the popular Malaga province town, Alejandro Herrero and five councillors are refusing to comment because the "voluminous" case file was handed to them just a few days ago and contains "unintelligible’"documents
The mayor of Frigiliana Alejandro Herrero and five of the six socialist PSOE councillors exercised their constitutional right on Monday 27 July not to give ... evidence before a court in Torrox during a hearing which forms part of the case opened into alleged corruption and mismanagement at the Axarquía town hall.
The mayor arrived at the courthouse shortly after 9.15am, accompanied by his legal representatives. Also summoned were María del Carmen Cerezo, Antonio Manuel López, Francisco Iranzo, Andrés Ortega and Eduardo Jesús García Sánchez – the five PSOE councillors named as suspects in the preliminary investigations.
All of them had previously stated, through their respective lawyers, their intention not to give evidence during this first hearing. The decision is based on the fact that the defence teams received the case file, comprising more than a thousand pages and a large amount of digital documentation, just a few days ago.
The mayor and five councillors have postponed their statements after receiving, at a late stage, a case file comprising over a thousand pages and several illegible documents
Sources from the defence team representing the public officials have explained to SUR that some of the files handed over contain video and audio recordings that are "unintelligible" or that have not been possible to view or listen to properly. The defence teams consider it necessary to examine the material in full before their clients answer questions from the judge and the parties to the proceedings.
The only person under investigation who did give evidence on Monday was a local government official. No details have yet emerged regarding the content of his testimony or the questions asked, as the proceedings remain under judicial investigation and are subject to judicial secrecy.
A new date
Herrero and the five councillors left the courthouse at around 11.15 am. On leaving, the mayor declined to make any comments to SUR, a stance also adopted by the other councillors under investigation.
Exercising the right to remain silent does not imply an admission of the facts under investigation. The mayor and councillors must now inform the court of their willingness to appear on a new date, which will have to be set by the presiding judge once the defence teams have had the opportunity to examine the documentation.
The investigation came to light on 30 June when officers from the Guardia Civil’s judicial police searched Frigiliana town hall for more than thirteen hours. The operation also extended to other premises, including at least one hospitality establishment and several private residences linked to the investigation.
The investigation is examining contracts, invoices and municipal objections following allegations made by two officials and a thirteen-hour search
During that operation, officers seized contracts, invoices and administrative files from around twenty companies that have supplied goods or services to the council in recent years. The mobile phones of the mayor and the five councillors were also temporarily seized.
The investigation concerns the alleged commission of offences including administrative misconduct, embezzlement of public funds, procurement fraud, forgery, coercion, influence peddling and membership of a criminal organisation.
The complaint lodged by two civil servants
As reported by SUR, the documentary basis for the proceedings lies in the complaints lodged by two civil servants, a local police officer and an accounting officer. The documents, submitted between May 2024 and April 2025 to the Guardia Civil and the Andalusian office against fraud and corruption, highlighted alleged contract splitting, repeated payments and the overturning of technical objections, amongst other alleged irregularities in municipal management.
One of the complaints detailed payments totalling 286,628 euros between 2020 and 2023 relating to transport services and the supply of containers. Another section referred to alleged "verbal awards" totalling 296,363 euros during the same period, without a public tender or a procurement file, according to the complainants.
Alejandro Herrero has held the office of mayor following a motion of no confidence that was passed in February 2017 and has governed with an absolute majority since 2019. The PSOE in Mlaga has called for "prudence" and "respect" for the judicial investigation and has offered its "full cooperation" while the opposition Partido Popular (PP) and Vox political parties have demanded political accountability and the resignation of those under investigation.