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

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"