The ice-cream kiosk was removed at the start of this month. | Elena Ballestero

7

The Gelats Valls ice-cream kiosk in Puerto Pollensa may have been removed, but the legal consequences of the affair look set to drag on. An Inca judge has opened proceedings which seek to clarify if there is substance to a charge of malfeasance.

This is specifically to do with the complaint registered last July by Café Capuchino 1919 against the current mayor, Miquel Angel March, the former mayor, Tomeu Cifre Ochogovia, and members of the town hall's board of government who attended a meeting of 5 May 2015. At this, it is suggested, there was alleged malfeasance (abuse of public office) in respect of allowing the Valls family to continue using the kiosk without there being a public tender.

The court ordered the criminal police in Pollensa-Alcudia to obtain a copy of the file related to the concession of the public space from Pollensa town hall. This was under a judicial order of 31 January, only two days before the town hall removed the kiosk and also said that there will not be a tender.

Essentially, what happened at the May 2015 meeting, when Cifre was still mayor, was that there was an extraordinary authorisation to use the kiosk that was not to be extended beyond the 2015 season. The court is looking into this decision and the corresponding documentation and also into a meeting of the town hall's board of 13 June, by which time March was mayor.

He, March, has confirmed receipt of the court's communication, noting that all documentation is being put together in order to be formally sent to the court. He says that these are the same files that the courts already have in respect of the legal challenge by the Valls family, which had sought to prevent eviction from the kiosk on the grounds that it had an old concession dating back decades.