Opium Beach Club Sponsored Mayor’s Son’s Race Car, Case Dismissed
The Opium beach club sponsored the race car of the mayor’s son. Above, the medal to Dívar in 2013. There have been no surprises. Gonzalo Dívar, head of the Marbella Court of Instruction number 3, has filed away the so-called Opium case due to the alleged irregularities committed by this nightclub and the disturbances to the neighbors. This is the fourth time he has dismissed a case involving the management of the mayor, Ángeles Muñoz. Once again, a criminal case affecting the mayor is closed in this Marbella court, which is no longer a surprise, as it is the fourth time.
Quick Dismissal of Opium Case
In a 17-page order, dated January 29, which Marbella24horas also had access to, Judge Dívar quickly dismissed the Opium case. The alleged crimes of prevarication, against the environment, and injuries were being investigated, for which the owners of the nightclub, the mayor, Ángeles Muñoz, and the Councilor for Industry, Félix Romero, had been sued. The judge categorically concludes the “non-existence of any indication”, so he proceeds to file this case about the nightclub that sponsored the race car of the mayor’s son, Christian Broberg Muñoz.
Case Closed After Statements
The case is closed after taking statements from the owner, Félix Romero, and four municipal technicians, but without calling the mayor, nor practicing other testimonies requested by the prosecution. The lawsuit was filed in October 2021 and preliminary proceedings were opened on November 8, although its admission to proceedings was not agreed until February 9, 2023.
Various Aspects of the Decision
In the decision to end the instruction that the judge has now taken a year later, various aspects are striking. First, he agrees to the free dismissal, and not provisional, so he definitively settles the procedure, which remains as judged, although it can be appealed to the Provincial Court. In addition, Dívar has no problem in tactically exonerating, without naming her, Ángeles Muñoz, stating that “some of the defendants did not even have the slightest intervention”. The position of the Prosecutor’s Office, which has not pronounced itself and was not even present in the statements of the defendants, is also very striking.
Prevarication
The lawsuit questioned the license granted to Opium on May 24, 2021 for “outdoor pre-recorded music activity” in terms of the period, from May to October, and the schedules. Dívar establishes that “there is no doubt that in the granting of the authorizations (…) there is not the slightest hint of the crime of prevarication”.
Inaction of the City Council
The lack of action by the City Council was also questioned, a matter that Dívar also settles in defense of the institution presided over by Ángeles Muñoz. The judge considers that action was taken by initiating files and with economic sanctions, as well as with the temporary suspension of activity. The truth is that the strong measures arrived in 2022, once the lawsuit was already in the courts. Dívar concludes that “the existence of any crime of prevarication cannot be appreciated, since there is no unjust resolution that is not appropriate to law, having been issued with the legally required competence”.
Crime Against the Environment
Regarding the crime against the environment, the judge also has it clear and considers that the noise from the nightclub was not annoying to the neighbors. “It has not been minimally proven, not even indicatively, the existence of said crime”, he concludes in this section. He even goes so far as to say in the order that the plaintiff’s house is far from Opium and that the reports provided do not include prohibited measurements.
Crime of Injuries
In the same vein, Dívar considers that the acoustic disturbances have not caused any health problem in the neighbors, in this case in the plaintiff. Since “it has not been proven, not even indicatively, (…) the existence of said acoustic contamination”, injuries to people could not have occurred, he considers.
Other Cases Filed by Dívar
The DESLINDE CASE arose after the plenary session of December 18, 2008, approved the start of the boundary file between the municipalities of Marbella and Benahavís. That day the mayor, Ángeles Muñoz, abstained from being an interested party in the file as she had her mansion on the lands that were going to change municipality. In January 2009, the socialist group filed a complaint with the Prosecutor’s Office against the mayor for the alleged crimes of prevarication, influence peddling, and negotiation prohibited to authorities. The case fell into the hands of Judge Gonzalo Dívar, who filed it in June 2010.
The PGOU CASE was reported to the Prosecutor’s Office by a citizen movement on August 31, 2015 due to the falsification of 30% of the plans of the 2010 PGOU. Gonzalo Dívar filed it twice, both times against the opinion of the Public Ministry. The Provincial Court ordered it to be reopened and sent, as Ángeles Muñoz was aforada, to the Supreme Court, where it was finally filed in record time.
The CASE OF THE HIGH MANAGEMENT POSITIONS was reported by the tripartite government team (PSOE-OSP-IU) and proceedings were opened in April 2017. The Prosecutor’s Office pointed directly at Ángeles Muñoz and requested that the case be sent to the Supreme Court, but Dívar filed it in January 2021.
Related news:
– Roads slows down the new license that Muñoz wants to grant to Opium
– Opium Marbella neighbors complain: “it’s impossible to live here”
– Several injured after a shooting at a Marbella beach club
