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Former Orihuela Coast Councillor Martina Scheurer made a brief court appearance on Wednesday, only for the hearing to be postponed due to the illness of her co-defendant’s solicitor.
Scheurer stands trial alongside Thomas Herteux, businessman and manager of Chirunguitos del Sol, in a case related to the 2014 awarding of beach bar contracts in Orihuela Costa. She faces charges of fraud and revealing privileged information, while Herteux is accused of fraud and risks disqualification from government contracts.
The prosecution alleges that the tender process was manipulated to favour Chirunguitos del Sol, leading to the contested awarding of the contract—claims both defendants strongly deny.
According to sources, the case has been admitted to court based on speculative statements from the prosecution, such as “I think” Ms. Scheurer met Mr. Herteux and “I assume” they had a meeting—despite a lack of supporting evidence. Commenting on the case, Scheurer remarked, “There is no proof because I did nothing wrong.”
A key issue in the case appears to be the requirement for the winning bidder to hold the internationally recognised ‘Q for Tourist Quality Certification.’ Given the public-facing nature of the contract, this requirement seems neither unusual nor unreasonable.
Of course there are many municipalities across Spain that require their Beach Bar Management companies to be in possession of the Q for Quality Accreditation. Orihuela is no different, with the decision to include the condition taken by a council committee made up of representatives from the coast, with members appointed by contracts and by the legal department.
Scheurer was simply a member of that committee. At the time, not one of them was aware of the credentials held by any of the bidding companies. The inclusion of the Q for Quality Accreditation was nothing more than a decision made to ensure the provision of a superior service to Orihuela’s beachgoers.
Nevertheless, Ms. Scheurer is accused of informing Herteux of this requirement before the official tender specifications were published. The prosecution argues that by receiving this information in advance, Chirunguitos del Sol gained an unfair advantage, as it allowed them additional time to obtain the necessary certification—allegedly undermining free competition and the efficient use of public funds.
However, what the prosecution fails to highlight is that this was a national tender, open to any qualified company across Spain. Furthermore, available records indicate that Chirunguitos del Sol had already obtained its ‘Q for Tourist Quality Certification’ in 2012—one year before Ms. Scheurer first met Thomas Herteux, and also a year before she took office as Councillor for the Coast.
Neither of the alternative bidders, both of which took the council to Court, had any kind of quality certification, so they were forced to withdraw their bids.
But for her part, Scheurer believes her conscience to be absolutely clear. “Everything was meticulously checked at the time to ensure compliance. The tender process was painstakingly followed and if the contract was awarded to Chirunguitos del Sol it was only because they were the best company for the job,” she said.
Depending on the lawyer’s recovery, the case is now expected to begin on 26th February or 12th of March, which was when the following sessions were scheduled to be held.
Several key figures, including former mayor Monserrate Guillén Sáez, current Socialist councillor Carolina Gracia (who was Finance, Youth, and Festivities councillor at the time), and general secretary Virgilio Estremera, are also expected to testify as witnesses during the trial.
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