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Julián Muñoz acquitted of town planning crimes in a Málaga criminal court case
By m.p. - Jul 24, 2006 - 9:54 PM

Juli�n Mu�oz being taken to prison from the Marbella courtroom last Thursday. Photo - EFE.
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The ruling for the ex Marbella Mayor imprisoned in Malaya Phase Three also acquits seven ex councillors
Julián Muñoz, the former Mayor of Marbella imprisoned without bail in phase three of Operation Malaya, has had some good news for a change: he and seven ex councillors at Marbella Town Hall have been acquitted of town planning crimes in a case being heard at the courts in Málaga.

The ruling from Criminal Court No. 2 in Málaga relates to planning permission granted for building in a designated green zone. The judge has ruled that, while the permission was granted outside the regulations for town planning and was, as such, illegal, it could not be deemed to be a criminal offence.

He pointed out that the legality of the actions of state administration are the responsibility of the administrative courts, except when such actions are also seen as ‘arbitrary and unjust.’ Criminal law, he said, should only sanction the most serious offences.

The administrative courts had previously annulled the planning permission granted.

Amongst the seven councillors acquitted with Muñoz are Pedro Román, former Deputy Mayor, and Juan Antonio Yagüe Reyes, brother of Marisol Yagüe, Mayor of Marbella until she was arrested in phase one of Operation Malaya.

Judge Miguel Ángel Torres, who is instructing the Operation Malaya corruption case, has extended reporting restrictions on the case for another month.

Muñoz's lawyer has placed an appeal against his client’s imprisonment in the corruption case.