The Prosecutor’s Office has accused former Orihuela councillor Ángel Noguera (Ciudadanos) of administrative prevarication for deliberately blocking the payment of invoices to a road maintenance contractor.
Despite the invoices being approved by municipal staff responsible for verifying the services, Noguera refused to authorize payment for nearly three years, effectively halting the whole process.
Charges and Requested Penalties
The Court of Instruction Number 2 in Orihuela has initiated proceedings against Noguera, seeking to hold him accountable for a continuous crime of administrative prevarication. The Anti-Corruption Prosecutor’s Office has requested a 14-year disqualification from public office for the former councillor, citing his intentional refusal to sign off on invoices from Zaplana Caselles, a company contracted to maintain and repair public roads in Orihuela Costa.
Between February 2020 and November 2022, Noguera consistently refused to sign the invoices, despite the technical supervisors confirming that the services had been rendered and all required documentation was in place.
His refusal caused a bottleneck in the payment process, as the invoices could not proceed to the Accounting and Intervention departments for final approval without his signature.
Arbitrary Actions and Misrepresentation
According to the prosecution, Noguera acted arbitrarily, fully aware that withholding his signature would block payments to the contractor. To justify his actions, he cited alleged deficiencies in the invoices, claiming they lacked documentation required by the contract. However, the supervising technician repeatedly confirmed that all necessary documentation had been provided to the City Council.
The prosecution also asserts that Noguera misused his position to hinder the contractor deliberately. His actions, deemed “contrary to the truth,” were not only unjustified but caused significant financial harm to the contractor and disrupted public road maintenance in the area which is still to recover.
Warnings Ignored
As the backlog of unpaid invoices grew, the City Council’s auditor formally warned Noguera in writing that his refusal to comply with payment obligations could expose him to personal liability and cause economic damage to the City Council.
Noguera ignored this warning, reiterating baseless claims about insufficient documentation. Despite being cautioned about the illegality of his actions, he continued to block payments.
Unauthorized Appointments and Verbal Orders
Further complicating the situation, Noguera unilaterally appointed two individuals of his choosing to oversee the contract. These appointees lacked legal authorization or proper administrative approval to act as supervisors. Despite this, they began issuing verbal orders to the contractor’s employees, bypassing standard procedures and the contractor’s authority.
One of the initially appointed technicians resigned due to the irregularities, prompting Noguera to replace them with another individual he trusted. This further entrenched the arbitrary practices surrounding the contract.
Coercion and Recorded Evidence
A key moment in the case occurred during a recorded meeting between a company manager and one of the unauthorized staff appointed by Noguera. According to the recording, the technician suggested that if the company completed additional work outside the scope of the contract—such as repainting a three-kilometer railing in La Caleta and repairing the Aguamarina park—Noguera would expedite payment of the invoices.
If the company refused, payments would remain stalled, and the contractor would have to pursue legal action, causing further delays.
This demand for out-of-contract work prompted the company to file a formal complaint against Noguera, accusing him of leveraging payment delays to coerce the contractor into providing additional services.
Defence and Political Implications
In his defence, Noguera argued that the payment delays were due to alleged noncompliance by the contractor concerning the construction of a storage facility. Despite these claims, the prosecution maintains that his actions were unlawful and intentionally obstructive.
The case also had political ramifications for the Ciudadanos party. José Aix, the leader of Ciudadanos in Orihuela, publicly supported Noguera during the investigation and included him on the party’s electoral list at number 4, for the May 2023 municipal elections, where Ciudadanos won three council seats.
Compensation and Civil Liability
The prosecution has requested that Noguera be ordered to pay €16,783 in compensation to the contractor for financial losses incurred due to delayed payments, including interest. The City Council would be held subsidiarily liable for this amount. Additionally, the court has ordered Noguera and the City Council to post a bond of €23,992 to cover these potential liabilities.
Community Impact
The delays in payments and the resulting lack of maintenance caused significant dissatisfaction among residents in Orihuela Costa, where the poor state of public roads has been a recurring source of complaints. This case highlights the broader impact of governance failures on local infrastructure and public trust.
