The Mayor has been accused by the Public Prosecutor of behaving in a hostile and obstructive manner before state institutions. In other words, he is just being bloody awkward and doing everything in his power to prevent several administrative bodies from carry out their function, sort of thing.
In Spain, any institution or person that obstructs an ombudsman in his duties by either refusing to cooperate or deliberately stalling is criminally liable, under artículo 502 del Codigo Penal.
According to the P.C. there are credible indications that the Mayor of Almuñécar has allegedly broken the law in this sense and has consequently presented his case before one of the two law courts in Almuñécar so that the Mayor can be investigated to see if there is sufficient evidence to bring him to trial.
The reason that the P.C. got his teeth into this one in the first place is because the Ombudsman, after repeatedly warning the Mayor that he was not cooperating, reported the situation to him.
When the Mayor heard that the Ombudsman, José Chamizo had begun legal proceedings against him, he said that he never intended to obstruct the work of the Ombudsman, although he admits that there have been delays in his response to the requests made by Sr. Chamizo, because, he claims, of a full work load. In any case, Sr. Benavides said, if that were the case, then that would have been the fault of the ex-councillor, Eva Gaitán. Ever the gentleman!