The Andalusian Office against Fraud and Corruption (OAAF) has ruled that the general director of Fisheries and Aquaculture of the Board (PP), José Manuel Martínez Malia, incurs incompatibility and a conflict of interest for the granting of public aid to two fishing companies owned by his brothers and the who was a partner, so he proposes to sanction him for breaking the law. For now, the Board keeps its senior official in office and does not clarify his fate after the severe judgment of its anti-fraud office, created in 2021 by the regional Executive itself to purge inappropriate behavior and with a confidential channel for anonymous complaints.
Martínez Malia violates the Andalusian law on incompatibilities of senior positions and has incurred a possible conflict of interest in the processing of subsidies, in the opinion of the OAAF, which has concluded its investigation after eight months. The senior official has been general director of Fisheries and Aquaculture since 2019 and until last July he was general representative of the company Pesquerías Quintino SL and partner of Carabina y Farruco SL until October 2021.
Martínez granted a subsidy of 5,700 euros to three of his brothers and another of 3,800 euros to two brothers, blood ties for which he should have abstained, according to the Anti-Fraud Office, which sees a clear conflict of interest in the granting of this public aid.
“We demand the immediate dismissal of the general director; he cannot continue another day after incurring a clear conflict of interest by granting aid to his immediate family members. We summon the counselor [Carmen Crespo] to give explanations about these incompatibilities and explain why he denied them in Parliament. If he does not give forceful explanations, we will summon President Moreno to alleviate this crisis in his government,” criticized socialist deputy Josele Aguilar. When consulted with the Ministry of Agriculture, Fisheries, Water and Rural Development, his spokesperson refused to comment on the matter.
The senior official was joint administrator of the Pesquerías Quintino company until 2012 and its representative until last July, “which shows personal interest,” according to the anti-fraud office. And regarding the Carabina y Farruco company, Martínez was the owner until two years ago and maintains a family relationship with the sole administrator and some of the crew members who benefit from aid to the company.
In its resolution, the OAAF gives a serious slap on the wrist to the Ministry of Agriculture, Fisheries, Water and Rural Development [a la que pertenece Martínez] for avoiding its “need to cautiously ensure the absence of conflicts of interest and causes of incompatibility of senior officials” through early detection and prevention protocols.
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Due to the incompatibility of the general director, the Anti-Fraud Office will now open a sanctioning procedure for failing to comply with law 3/2005 on the exclusive dedication that senior officials of the autonomous Administration must maintain.
The OAAF urges the department headed by Carmen Crespo to assess “the need to implement early detection and prevention protocols and/or any effective mechanisms to ensure the absence of conflicts of interest and causes of incompatibility of senior officials.” In parallel, the Anti-Fraud Office transfers the administrative file of the case to the Andalusian Ministry of Justice, in case it considers that it should open a procedure against Martínez, who omitted his duty to abstain from Law 40/2015 on the Legal Regime of the Public Sector.
Last November, counselor Carmen Crespo ignored the complaint from the socialist bench in Parliament, considering that its general director had not incurred in incompatibility. “The reaction of the PSOE is logical, it is to cover up the investiture debate of Pedro Sánchez, which embarrasses this country,” Crespo snapped.
Martínez has been in office for five years, since the PP governs in Andalusia. He now has 10 days to present allegations to the opinion of the deputy director of Investigation, Inspection and Sanctioning Regime of the OAAF, María Luisa Wic.
Both companies of the Martínez family are dedicated to fresh and longline fishing and the wholesale sale of captured fish and its conservation by freezing or refrigeration, as stated in their corporate purpose, reports Eva Saiz.
In the successive asset declarations that Martínez Malia presented from his appointment in 2019 until October 2021, he acknowledged being the owner of 25% of the shares of one entity and 50% of the other, which contravenes law 3/2005 on Incompatibilities of senior officials of the Administration of the Government of Andalusia.
Martínez Malia has a long connection with the fishing industry. Owner of fishing vessels, he founded the Association of Shipowners of Barbate ―where he was born in 1967―, which he presided over until 2007; Senior patron of the Barbate Fishermen's Guild, between 2007 and 2010, and member of the Andalusian Federation of Fishing Owners and the Andalusian Federation of Fishermen's Guilds in the last legislature governed by the PSOE in Andalusia, he was a regional deputy of the PP by Cadiz.
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