Marbella prosecution asks court to investigate Benahavís mayor for malfeasance and embezzlement

Marbella's prosecution has asked the court to investigate Mayor of Benahavís José Antonio Mena for alleged crimes of malfeasance and embezzlement following a complaint filed by the local opposition.

The complaint concerns the alleged two-decade-long private use of municipally owned land in the Caserías del Esperonal area without authorisation or financial compensation.

The private user is Marbella Club Hotel, which manages its equestrian centre on the plot in question.

Benahavís town hall has declined to comment. The only response has been that the town hall "has not received any official notification about this procedure".

According to the local opposition, there is no "record of any administrative concession, enabling authorisation or any economic consideration in favour of the town hall". The complainant has also denounced the mayor for acknowledging the situation and failing to take action.

"The conscious and prolonged tolerance of this illegal occupation, despite the express and repeated knowledge of its illegality, cannot be classified as a mere administrative irregularity, but rather presents indications of a qualified infringement of the duty of custody and protection of public assets, endowed with criminal relevance," the opposition's account says.

According to the complaint, the announcement of a future administrative concession or "other legal form with an implicitly predetermined recipient" violates the principles of publicity, equality and competition and exposes the economic damage to the municipal coffers due to the absence of economic consideration for the use of the land and the possible non-compliance with tax obligations.

The complainant has also provided supporting documentation, proving the municipal ownership of various properties located in the area of the equestrian centre. According to it, fences around the municipal land block public access and create the "appearance of private property"