The mayor of Benahavis has been summoned to court over allegations that municipal land was illegally occupied and commercially exploited by the Marbella Club Hotel.
Jose Antonio Mena, from the Partido Popular (PP), who also serves as the town’s councillor for urban planning, has been ordered to appear before Investigating Court No. 1 in Marbella on September 24 at 1pm.
The investigation follows a complaint filed by the PSOE in Benahavis, with prosecutors concluding that the allegations could amount to the criminal offences of misconduct in public office (prevaricacion) and misappropriation of public funds (malversacion).
Alleged illegal use of council land
The complaint centres on the Caserias del Esperonal area, where the Marbella Club Hotel is alleged to have occupied municipally owned land for years without the required authorisation.
According to the complaint, the luxury hotel has been using the land for a large equestrian complex, including stables, horse boxes, competition arenas and other facilities linked to its hotel operations.
The PSOE alleges there is no record of an administrative concession, licence or any financial compensation being paid to Benahavis Town Hall for the use of the land.
It also claims some of the facilities lack the planning and operating licences required under Spanish law.
Prosecutors saw possible criminal offences
Following a preliminary investigation, the Public Prosecutor’s Office concluded there were sufficient indications of possible criminal offences to file the matter before the courts.
The investigating judge has now opened formal proceedings and ordered a series of witness statements and investigative measures.
Multiple witnesses called
As part of the investigation, the court has also summoned PSOE spokesperson Luis Feito Miragaya, who filed the original complaint, to give evidence.
Several senior Benahavis Town Hall officials have also been called as witnesses, including the municipal secretary, treasurer, comptroller, the head of the Urban Planning Department and its legal adviser.
In addition, the chairman and a board member of Marbella Club Hotel S.A. have been summoned to testify.
The court summons does not imply guilt.
The investigation is intended to determine whether any criminal offences were committed before deciding whether the case should proceed to trial.
Read more Andalucia news at the Spanish Eye.
