The trial of the former socialist mayor of Benijófar, José Luis González Sánchez, has opened in Elche almost 22 years after the approval of an urban development plan that triggered a judicial investigation. The former town leader faces charges of official misconduct and falsification of documents relating to a development deal that allegedly favoured his own family, who owned land in the area, as well as the original developer, Acuario Properties.
The prosecution accuses him of voting to award an urban development programme that encompassed land owned by his family without updating his declaration of assets. He is also accused of signing an agreement declaring the operation approved five days before the municipal council actually voted on it. The trial is further examining an alleged attempt to force other landowners to pay urbanisation fees through the forfeiture of land rather than allowing them to settle the costs in cash.
The scheme covered 20,000 square metres situated along the road corridor connecting Benijófar with Rojales near Cañada Marsá, which had been classified as building land since 1995 during the property boom. The former mayor and his family owned 4,000 square metres of the site. Following the semi-abandonment of the development during the 2010 property crisis, the work was completed through direct municipal management by the local council and now houses several popular commercial areas.
Witness testimony in court yesterday, Tuesday 3rd November, brought details of the controversy to light. A key witness, who managed a 1,700-square-metre plot purchased by his parents in March 2005, accused the former mayor and the administrator of Acuario Properties of collusion. He stated that his parents were inexperienced in urban planning procedures and intended to pay all development charges in cash.
The trial is being held more than 25 years after the initial processing of the plan began in 2001, and two decades after the first judicial proceedings opened in Torrevieja in 2006. The former municipal secretary and a corporate representative of the development firm are also standing trial on identical charges, with prosecutors seeking three-year prison sentences for each defendant. Benijófar Council is acting as a private prosecutor, whilst current mayor and provincial deputy Luis Rodríguez is leading a public prosecution. Both parties have added prohibited negotiations by public officials to the charges against the former mayor.
The witness recalled that his parents bought the land as an investment after the plan was approved, aiming to construct a building funded through bank financing. He claimed he repeatedly informed both the council and the developer that they wished to pay the urbanisation fees, but was met with assurances of “do not worry, there is time”. However, when they attempted to formalise payment, they were informed the deadline had passed. The witness stated he visited the council around twenty times to present documents without success.
Under the former law regulating urban planning activity, failure to pay charges in cash allowed developers to claim up to three-quarters of a plot. The witness explained that surrendering that much land made their project unviable, stating that the former mayor wanted his own plot developed at no cost by transferring expenses onto other owners. Meetings with the mayor and developer proved fruitless, and a bank guarantee provided by the family was rejected by both the council and the developer’s offices in Torrevieja, forcing the family to pay maintenance fees on the guarantee for a decade.
During cross-examination, defence counsel questioned whether the buyers were as inexperienced as claimed, highlighting their use of an intermediary, an architect, and legal advisors, suggesting they lacked the necessary financing. Defence attorneys also noted that the family had previously agreed to drop criminal actions in 2007 following a settlement to resolve the issue with their land, although the public criminal case continued. Meanwhile, legal teams waived the testimony of current mayor Luis Rodríguez, former mayor Daniel Padilla, and several ex-councillors, agreeing that their contributions were already adequately documented in the case files.
