Candido explained that there have now been 4 criminal cases of which the TH has won 3 but this last one was in front of a new female judge, who has only just been appointed to the area and in fact, we believe, was hearing her first case. She has been brought in from Majorca by the Junta. In this case she found for the prosecution and against the T.H.
She sentenced Candido to 21 months imprisonment suspended and barred him from holding public office for 9 years (as was widely reported in the Spanish press), however, what was not reported was the full findings of the sentence, the anomalies within the sentence and the blatant dismissal of all the defendants points of evidence. She has also ordered the demolition of the houses involved in the case and that is 12 houses on Calle Nervion in Los Carasoles.
Candido has promised to let me have a full copy of the sentence, as there are so many discrepancies within it, that all the 9 different solicitors acting for the various bodies, have agreed to join together to fight what to them seems a purely political judgement. (I will publish more details of the judgement when I have received it). This action by the solicitors is, in itself, quite unusual in Spain, as normally each individual solicitor acts independently.
The reason this has occurred is due to the fact that the evidence, accepted by this judge, was so plainly slanted in the prosecutions view that little, or no, evidence was adduced from the defendants. In the 3 previous criminal cases the courts have considered photographic evidence, sometimes of many dozens of photographs showing the infrastructure etc in place. In this case there was only one photograph submitted which showed Los Carasoles as having nothing in the way of infrastructure. No reference was made by this presiding judge even to the internet which would also have easily shown the courts that infrastructure is in place, even down to the traffic lights etc. The judge accepted as fact that there were no roads, no lighting, no access, no street lights, no electricity and therefore it could never be urbanisable. Also that there was no access to Calle Nervion other than by open countryside. All facts which can so easily be refuted.
This is clearly a dishonest picture of the state of the area. The solicitors acting on behalf of the defendants tried to get the court to admit evidence showing things such as, the fact that the electricity point has been in place for 74 year, that there are streets, lighting, etc but the judge would not accept any of this evidence.
At this stage the Town Halls solicitors and the solicitors acting for the other defendants have submitted an immediate appeal based upon some of the points above. They feel that they have an excellent case to have the judgement overturned.
I have read various articles published on various media expressing views on the sentencing. I would ask that anyone wishing to express an opinion await the publication of the full sentence judgement before commenting. As they will then plainly see what an outright and blatant miscarriage of justice that this ruling creates and how it could impact on other areas.
Before any further action is taken, beyond the submission of the appeal, the solicitors are being asked to consider what other avenues are open to the Town Hall to elevate the process for justice to be done. I asked the question that if this judge has ruled based on a political motive who is her superior within the judiciary to whom she is accountable. I was advised that there is a central Fiscal based in Madrid and who is a member of the P.P. party and we are discussing how that figure can be involved in examining the process.
I will update the blog as and when any further information is known and certainly when I get the full judgement.
On a minor matter I have a spare post box in the caseta on Avenida Poetas available to any resident of Los Llanos del Peral who wishes to have one. It will be a matter of 1st come. The cost will be a one off €30. It has become available due to the non payment by a previous applicant for a box.