Julian Muñoz has acknowledged this Monday in a trial that he has committed crimes of continued prevarication, fraud and urban planning prevarication in a procedure related to an urban planning agreement with General de Galerías Comerciales.
The trial, in which the former mayor of Marbella testified via videoconference because he was ill, began this morning in the First Section of the Provincial Court of Malaga. Also prosecuted in the procedure are the former urban planning advisor and mastermind of the “Malaya” case, Juan Antonio Rocaand the builder and businessman Tomas Olivoboth accused of the same crimes.
The Malaga Prosecutor’s Office has tried to reach an agreement with the three accused but Only Isabel Pantoja’s ex has recognized the facts and has agreed to the sentencing request requested by the public prosecution. After his agreement, the former mayor will be sentenced to 18 months in prison and fifteen months of disqualification for said crimes.
Juan Antonio Roca and Tomás Olivo have not accepted the agreement proposed by the Public Ministry and their defenses have maintained that constitutional rights have been violated in this procedure. They allege that the case has already been judged, the matter is statute-barred and no one has been harmed since the Marbella City Council itself has withdrawn from the case.
Due to all this, they consider that the trial should be declared null because all guarantees have been violated and they have insisted that there is “defenselessness” for the accused.
In 2020, Muñoz and Roca reached an agreement with the Anti-Corruption Prosecutor’s Office to be sentenced in eight judicial proceedings for fraud and prevarication to six months in prison and five months of disqualification in each of them, but with this case the pact could not be materialized. due to a civil claim requested by the Malaga prosecutor’s office, which is why it was determined that the urban development agreement with General de Galerías Comerciales, the company of the builder and businessman Tomás Olivo, would be judged separately, in another procedure.
Despite this, this Monday the lawyers have insisted that the case is being tried in other proceedings, such as the Malaya case, and have criticized that the prosecutor has not specified the facts and the sentences that he asks of them in this case, an extreme that has been denied by the public ministry, which has explained that the accusatory document is the same but that this Monday he had made a settlement proposal.
After listening to the defense lawyers, the prosecutor has asked to respond in writing and the Chamber has decided to give him a period of thirty days. The Court, when it has the prosecutor’s brief answering all the previous questions presented by the defense attorneys, will present a judicial resolution where it will agree on the points it considers necessary before indicating the new trial.