PSOE denounces the mayor of Benahavís for alleged administrative malpractice

A complaint been has lodged by the PSOE against José Antonio Mena (PP), the Mayor of Benahavís and head of the urban planning department, over alleged offences including administrative misconduct.

The accusations, which include embezzlement of public funds, disloyal administration and influence peddling, relate to the alleged "illegal" occupation, use and economic exploitation of municipal land in the area known as Caserías del Esperonal by the private company Marbella Club Hotel, which has its equestrian centre on this plot of land.

The complaint, to which SUR has had access, has been sent by the Malaga public prosecutor's office to the public prosecutor in Marbella to be studied, while the town hall avoided commenting on the complaint, according to sources consulted. It details the "continued occupation" of this publicly-owned plot of land without a valid authorising title, through the installation of facilities carried out without the required administrative approval. This is a situation “expressly acknowledged” by the mayor in responses to the socialist municipal group, which constitutes a situation “blatantly contrary to the legal framework”.

"The conscious and prolonged tolerance of this illegal occupation, despite explicit and repeated awareness of its unlawfulness, cannot be regarded as a mere administrative irregularity, but shows signs of a qualified breach of the duty to safeguard and protect public assets, with criminal significance," the prosecution adds.

Likewise, the PSOE denounces the “repeated inaction” of the mayor, adding that the announcement of a future administrative concession or of “another legal form with an implicitly predetermined recipient” violates the principles of publicity, equality and competition. It also highlights the economic harm to the municipal coffers due to the absence of financial compensation for the use of the land and the possible non-compliance with tax obligations.

The complainant also provides supporting documentation - through cadastral data and simple property notes - demonstrating the municipal ownership of various plots located in the area where the equestrian centre is situated. They refer to the fencing and perimeter closure of municipal land, which prevents public access and creates “an appearance of private ownership”. It also notes the hotel’s advertising, which evidences the existence of permanent facilities, thus “undermining their provisional or removable nature”. In one of the mayor's replies in the complaint, it is stated that the installations are currently "dismountable, primarily horse boxes, and can therefore be dismantled at any time".

Therefore, the PSOE concludes that the above points indicate “rational signs of criminality” and requests that the public prosecutor’s office investigate.