Seaside Gazette » Benavides

Benny Boogies

Editor — Fri, 03 Sep 2010 11:39:43 +0000

The ex socialist mayor of Motril Sr. Rubiales has joined the Mayor of Almuñécar’s party, the CA, bringing 100 followers with him.

This means that the CA has now become a key party in the Salobreña and Motril elections when it comes to making coalitions. For Benny, this means that the local branches of the PP and PSOE won’t dare cross him here, for fear of spoiling ‘arrangements’ in these two other towns.

Socialist Split

Editor — Wed, 01 Sep 2010 12:03:08 +0000

How could we not mention Sr. Luis Rubiales, ex socialist mayor of Motril and now… ex-socialist! The PSOE expelled him from the party and before you could say ‘Bob’s your uncle,’ he had teamed up with Juan Carlos Benavides in the Convergencia Andaluza.

As Sr. Rubiales took a bucket load of socialists from the PSOE with him to join his new party, the socialists in Motril are very seriously wounded, as if things were not bad enough for the PSOE, thanks to the attrition caused by the economic crisis – any party in power during such a time is guaranteed to go under, come the elections.

Benny’s on a Roll

Editor — Mon, 02 Aug 2010 11:15:55 +0000

As for the illegal sports facilities in the vega, Benny has enjoyed his usual shower of luck, because the judge is studying whether to shelve the case altogether.

The reason for this timely – from the Mayor’s point of view – decision was for two reasons: a prosecution witness failed to turn up on the day of the trial (12th July), and because the defence lawyers argue that the Mayor has already been tried under Civil Law for this offence and that this present trial, under Criminal law, is a doubling up.

This is the second occasion that the trial has been postponed and if Benavides’s lucky legal star continues to shine, he won’t have to take the seat again on the 8th of October, if the judge considers that the defence is correct in their argument.

Lucky Benny

Editor — Sat, 03 Jul 2010 19:43:59 +0000

Great news for Benny, who will not have to face the judge for a pending case until 2011, rather than this summer. This is due to the Motril criminal courts being snowed under.

As the case that has been postponed is probably the worse one he is scheduled to face, it terms of consequences if he is found guilty, this must come as a welcome respite. He stands accused of fraudulent bankruptcy; i.e., having declared that he possessed nothing but a moped when he stood a chance of having to pay a huge sum of money in a civil case.

Ironically, he was later acquitted and thus avoided having to pay the said sum – out of the frying pan into the fire…
If found guilty, he faces 30 months in prison ad a 27,000-euro fine. And he does no face this charge alone, because the Mayor’s wife, together with close political colleague, Rafael Contreras and his wife also stand accused.
According to the Public Prosecutor, both couples mutually agreed to begin legal proceedings in July 2005 ‘with the aim of eluding civil responsibilities.’ The Mayor and Rafael Contreras, along with five other people connected with Tropical Fruits, had previously been sentenced to reimburse the municipal coffers with 3.4m euros between them.

The Public Prosecutor refers to both couples having filed for legal separation, including maintenance for their offspring, despite both being adults and completely emancipated. Thus Rafael Contreras ‘agreed to pay’ 1,000 euros to his two offspring and Juan Carlos Benavides 2,300 euros (1,150 each). Then in December 2005 the lawyers of both ex-wives requested a suspension of maintenance payments, on the very same day.

So, that is the gist of it, and as you can judge for yourselves, the Mayor will have a tough time dodging this one… when it finally comes up before the judge.

Tourism Paralysis?

Editor — Sun, 04 Apr 2010 20:39:53 +0000

There aren’t that many cuttings for Almuñécar this month, so I’ll have to dredge the barrel – i.e., politics!
The PSOE blames the Mayor for the ‘paralysis of the municipal Tourism Board.’
The local leader of the PSOE claims that the dependencies of the Tourist Board are locked and ‘abandoned,’ completely ignored by the Benavides’ local government. The places that he is referring to are, for instance, the restaurant school Horno de Cándida, the hosterly school Palacete del Corregidor, the tourist information points at the entrance to Almuñécar and the Playa Pozuelo, or in the entrance to La Herradura.
Francisco Prados points out that all these installations were funded by the Junta de Andalucía, counting on 5.5m euros. He goes further and says, in his opinion that the Board of Tourism has virtually ceased to exist, despite counting on 313,003 euros from the municipal budget.
“The majority of the money goes on salaries, such as the one of the co-ordinator, who just happens to be the Mayor’s wife – sorry, ex-wife.
Finally, he fired a broadside at the apparent abandonment of the municipal website, which has ceased to contain any up-to-date information and which provide a sorry window into Almuñécar.

Civic Centre Repairs

David Darby — Wed, 31 Mar 2010 17:57:01 +0000

The Mayor, at a recent Town Council Meeting made an announcement that work was to commence on the repairs to the auditorium of the Civic Centre in La Herradura. Of course, this immediately brought some criticisms from the socialists, who were annoyed that the work hadn’t been carried out before, and also that the carnival celebrations were not allowed to be held in the auditorium, despite the venue being booked in advance.
The recent rains caused a large area of the wooden flooring to rise up, rendering it useless and even dangerous, so Mr. Benavides explained that the event could not be held because of the damage caused by the rising water table. He also announced that approval had been received from the insurance company for the work to commence imminently.
The socialists complaint did appear somewhat justified as the damage didn’t seem to effect other scheduled events in the auditorium including cinema events at the weekends.
A pump was used to keep the water level down in the area under the auditorium until the water table receded.

Which Brings Us to Benny…

Editor — Wed, 03 Mar 2010 09:54:59 +0000

Which brings us on to Benny… Judicially speaking; he has kicked some serious arse. Without doubt, 2010 has been a triumphant year for Juan Carlos Benavides in the law courts, but for all of his victories, as I write this we are only in February with 10 months left to go before 2010 he can proclaim Annus Mirabilis.
A whole swarm of the Junta’s cases against his urban development deeds have crashed to the floor, partly through the Junta’s own ineptitude (presenting the necessary legal documentation outside the maximum time limit, for example.)
On a personal level for him, where he faced prison sentences, even he was worried over the forced TV closure case, for which he was finally acquitted. It is important to note, however, in this particular case, it was proved that the TV station was closed illegally – what was not proved was that he was behind it.
You will also remember that the Mayor walked away from a multi-million compensation condemnation, after an 18-year legal wrangle. So convinced was he that he would end up having to pay it, he allegedly (according to the Public Prosecutor) entered into fraudulent bankruptcy, the consequences of which will eventually be decided before a Judge. Also still outstanding is the case over the La Herradura Sports Centre that was built on green-belt land – this could also cost him his mayoralty.
The Mayor claims that it is all a conspiracy that goes back to when he was the Provincial Secretary of the PSOE, and that his ex-party are determined to take from him via the law courts what they are incapable of obtaining through the voting urns. This was a legal argument used by his defence lawyers, by the way, presenting their client as a victim of political persecution.
But all this costs money to the taxpayer. During 2008 the Town Hall blew 300,000 euros in legal expenses and a further 102,000 in compensation. The previous year legal expenses reached 291,000 and it certainly doesn’t look as if 2010 will be any cheaper.
As for the opposition parties, greeted by this unwelcome news of Benavides Invictus, both the PSOE and PP quickly announced that they respect the judge’s decision – what their comments might be behind closed doors, concerning the Judge is another matter – perhaps the Judges’ mother might be mentioned…
However one political opponent is more outspoken and less politically correct in his evaluation of the court finding: Fermín Tejero, leader of the IU. “That they should acquit him does not mean that he is not guilty,” he said – and he couldn’t have expressed himself more clearly, could he. Actually, he could, in fact, and did: he considered the finding over the forced closure of the TV station to be “a piss take against common sense.”
Sr. Tejero explained the reasoning behind his words, thus: “The evidence very clear. The Town Hall closed the TV station down by force [the
Judge does not dispute this] and yet nobody is guilty? This sentence is profoundly disappointing because it leaves the citizenship defenceless before the abuse of power,” he said. He concluded by stating, “You only have to look at the programming records of the TV station following Benavides coup and you can see that it is completely at his service. We, in the IU, ask people not to confuse acquittal with innocence,” meaning that guilt could not be proved, but neither his innocence.
Summing up, the Mayor’s next appointments are this summer; in June and July and if his fortune holds, then he will be standing for re-election in May 2011. Will he be able to pull it off?
Napoleon was at his finest during 1814 when he took on the armies of four powerful, invading nations: Russia, Prussia, Austria and Great Britain. He demonstrated again the talent of that young general, who with barefooted soldiers crushed the arrogant armies of empires; an image far removed from an unimaginative emperor at the head of the world’s largest-ever army of the time (1812) Yet for all his brilliant general-ship as his enemies closed in 1814, he and his adversaries knew that it was only a matter of time before either his enemies defeated him or his people deserted him – in the end it was the latter and he was exiled to Elba.

Trying Times for Mayor

Editor — Wed, 03 Feb 2010 20:10:49 +0000

All in all, the Mayor has come off pretty well, as far as ‘dates with the judge’ go this month. Although he was ordered to pay 1,600 euros for having insulted Rocío Palacios, the judge did not consider that the incident warranted criminal consideration; i.e., nobody was going to jail for it. The Secretary General of the PSOE, who the Mayor suggested had biblical knowledge of Rocío Palacios, said upon hearing the finding that he would donate his indemnity money to the victims of the Haiti earthquake.
But on a wider front, Benny has been winning. The case that Fermín Tejero brought against him fizzled out. Fermín (sole IU councillor) and co-owner of the Carambolo campsite on the N-340 between Almuñécar and Taramay, had reported the Mayor for harassment over his campsite installation, alleging that the constant stream of municipal inspectors was the result of his refusal to sell the extensive camping area to make way urban expansion.
The judge in charge of the appeals court found in favour of the Mayor, who had previously been found guilty of harassment. The Mayor’s defence lawyer appealed against the decision and the judge accepted it. The Mayor always complained that his case had been dealt with by an inexperience substitute female judge, who was filling in. The new court finding considered that the alleged offence was a civil matter and not a criminal one, as filed by the accusation.
Next we come to a case levelled by the Partido Popular against the Mayor over the building of the P-4 gasoline station. The Provincial Court has ordered a ‘provisional’ dismissal of the case – I don’t know how you can have a provisional one, but there you go. The prosecution claimed that the installation had been erected on green-belt land, or at least non-building land, whereas Judge Aurora González agrees with the Municipal Surveyor’s report that argues the opposite.
On to the next! In March last year an Almuñécar judge found the Mayor guilty of ‘judicial disobedience’ for not implementing a court order to halt work on the construction of the 5-star hotel in Santa Cruz. The appeals court in Granada accepted the Mayor’s appeal. The appeals judge based her decision, amongst other things, upon a Guardia Civil report that confirmed work remained halted on site ever since the inspectors from the Junta de Andalucía made a visit in May 2007.
Is the Mayor out of the woods? Not by a long way, because no soon does he win a case, or a breather in a case, then another one crops ups. For example, the Regional Ombudsman – somebody very slow to anger – accused the Mayor of deliberately dragging his feet on administrative and judicial matters (basically, solicited municipal paperwork). The Almuñécar law courts have finally reached the hearing stage of the legal procedure on the 11th of January.
In the meantime, on the 29th – precisely the day that we go to the printer, the Mayor will be taking the accused stand to answer charges of harassment, regarding the private company that used to run the local TV station before Benny allegedly changed the locks and cut off the electricity supply. Apparently, there can be no appeal against the judges finding, this time, as it is an appeal.

Benny and the Judges

Editor — Sat, 02 Jan 2010 16:54:03 +0000

Benny and the Judges have seen a lot of judicial action during December. Let’s start with the big one. Regional press headlines on the 16th boomed out, “Un jurado popular absuelve a Benavides” (A jury acquits Benavides). This was the second time in just two months that Juan Carlos Benavides – against all expectation – walked away from a date with the Judge a free and innocent man.

To recap, on the 14th & 15th of last month, the Mayor stood accused of embezzlement: Sr. Benavides allegedly used public funds to fund the court case against the ex-Mayor despite the case being a private case and not one lodged by the Town Hall. The Public Prosecutors accused the Mayor of using 6,000 euros from the municipal coffers as a deposit before the court. He faced two years banned from office and a 27,000 euro fine.

Sr. Benavides said in his defence that he was not aware that it was a private case, and as far as he was concerned, it was a municipal affair. Furthermore, he claimed that the lawsuit was presented by municipal lawyers and when he was called to ratify it, at no time was it mentioned that it was a private lawsuit. Some would claim that nothing moves in the Town Hall without the Mayor’s knowledge and consent, but that is an opinion, and not one put forward by the Public Prosecutor. Finally, and this was the clincher, the case was brought about in the interest of the public coffer, to recuperate funds that the Mayor claimed had been misspent by the ex-Mayor, Juan Luis González Montoro.

What the Public Prosecutor did put forward for consideration by the jury was that if the lawsuit had been presented as a public prosecution then the Mayor would have included that point in the documentation, which would have included a certificate to identify him as the representative of the claimant and a municipal council resolution, authorising the claim. None of which was the case.

After brief deliberation the jury returned a unanimous not-guilty verdict. End of story.
Another case that had been brought against him, together with six councillors belonging to his party, was set for the 16th of December but has been postponed to next year. He faces a charge of an offence against regional building regulations, for having built the La Herradura sports centre on green-belt land. If found guilty, he faces two years in prison and ten years barred from office.

As for the trial that took place on the 2nd of December, concerning his alleged use of slander, we are still waiting for a verdict. In this one he allegedly implied that the then female leader of the local socialist party had ‘slept her way up the ladder:’ he reportedly made a comment that implied that her relationship with the provincial head of her party had been more than ‘work based.’ The whole issue really hangs on his use of the word ‘Zorra’ (which translates as vixen or slut). The female councillor had observed that putting the governing party in charge of keeping an eye of Tropical Fruits funds was like “putting the fox (zorro) in charge of guarding the chickens.” The Mayor quipped, “Or Vixen (slut).”
Now, his defence lawyer claims that in every fable ever written, it’s always the zorra and never zorro that appears and that the Mayor had merely and kindly made a literary correction…

As for the Mayor’s comment about certain people ‘sleeping their way up the ladder,’ the defence lawyer claims that in no way was he referring to the female councillor in question. In fact, he hadn’t been referring to anybody in particular, at all, or any political party, and it is all down to a misunderstanding. In fact the Mayor feels great indignation at the way in which, he claims, the press and political opponents have manipulated the situation.

The female councillor, Rocío Palacios, on the other hand, claims that not only she interpreted the Mayor’s words that way, but just about everybody else did in the hall, because, according to her, he said these words looking straight at her. The Mayor claims that he had not been looking at her and this claim is backed by the municipal stenographer, who was recording the session.

As we said, as this was before a tribunal and not a jury, we are still waiting for the verdict.

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Mayor Acquitted I

Editor — Thu, 05 Nov 2009 13:35:49 +0000

Almuñécar’s political parties, as well as many Almuñequeros, were surprised when the Supreme Court acquitted the Mayor of Almuñécar in the Tropical Fruits SA case.
In a court case, which had dragged on an amazing 18 years and had originally delivered a guilty verdict against the Mayor and several others who sat on the Admininistrative Board of the company, the final twist was the most unexpected, even, perhaps, for the Mayor himself.
The Mayor and the rest of the Administrative Board had been charged with negligence in the managing of public funds, found guilty in 2003, and ordered to repay the money, plus interest, inyto the public coffers.
Yet again, the Mayor has come out on top in one of the many judicial battles that confront him, but how long can he keep it up for?