Former Italian international footballer Marco Borriello tries to take advantage of the urban amnesty of the Balearic Government to legalize his mansion in es Cubells, on which the Consell de Ibiza issued a demolition order (suspended) and a fine of 2.1 million euros for extending without a license. In addition, his defense argues that the irregularities in the house were detected by the Consell de Ibiza “illegally entering the house, without authorization from the property or the inhabitants”therefore, this evidence “does not have any place either in the preliminary investigation or in the trial”.
Borriello’s lawyer, Victor Soriano, has gone to court this morning to the Ibiza Courts to attend the declaration of two builders summoned by the Public Prosecutor’s Office in these proceedings for an alleged crime against land management. He must also testify from Italy “an architect friend of Marco who has no connection with the island or the works,” according to Soriano.
The defense strategy is based, on the one hand, on the fact that the irregularities detected in the inspection of the Consell in 2021 have already prescribed. “They are well before the eight-year period provided for in the decree [la amnistía urbanística del Govern]. They are fully legalizable and, in fact, are already in the process of legalization,” the lawyer assures.
Soriano has advanced that the project of legalization of the house, under the decree of urgent measures of the Balearic Government, has already been submitted to both the City Council of Sant Josep and the Consell. “We are waiting for them to meet the deadlines, because the administrations, in urban planning matters in Ibiza, are especially slow”, he regrets.
On the other hand, the defense is hiding behind the fact that the inspection that detected the urban planning infractions “lacks validitywhich could lead to the nullity of the evidence”. According to their version, the inspectors did not have authorization “from the property or the residents” and took photographs “even of interior rooms and documents that were in them”.
Soriano has criticized that the Public Prosecutor’s Office, “knowing that all this is the result of a poisoned tree and that it does not have a chance“, is exploiting the case to “turn this procedure into a macro-case, which is already dragging on for four years, solely because Marco Borriello is a public figure”.
Thus, he understands that the court should dismiss the case because there would be no criminal offence. “We are only facing an administrative, bureaucratic issue, and we are waiting for this legalization [de la mansión] can go forward”.
Irregularities
The actions carried out by each of those responsible for the illegal works in the chalet of es Cubells, both the owner and the promoter of the works, are valued at an overall fine of more than 2.4 million euros2.4 million, according to the sanctioning file. Likewise, the file implied an order to demolish all the irregularities in Villa Margherita, which is the name under which this housing is marketed, although it is suspended until the whole judicial process is resolved.
Among the infractions are the construction of a staircase about 100 meters long linking the property to the beach. This access was used in 2017, when landslides occurred in es Cubells, to evacuate some residents of the area by sea.
The rest of illegal constructions, 19 in total the new constructions, which include the complete renovation of the house (occupying an area of 360 m²), are two new annexes of 50 m² and 18 m², respectively; five new gazebos (two with 38 m², and the other three with 45 m², 20 m² and 75 m²); four new porches (with 5 m², 6 m², 40 m² and 16 m²); a new swimming pool of 60 m²; a new platform of 60 m²; a new second floor of 8 m²; the demolition of a concrete block earth retaining wall, and the partial renovation of the house in the area of the main bedroom and the living room.
Borriello, originally from Napleshe became an Italy international and played for clubs such as Milan, Juventus, Roma and West Ham United, before ending his career at UD Ibiza in the 2018-2019 season.
For the full article, please visit Diario de Ibiza website here.