Local Daily News 19th June
The Superior Court of Justice forces the repeat of a trial for a crime in the Vega Baja due to errors in the motivation of the verdict
The Civil and Criminal Chamber of the Superior Court of Justice has annulled a jury trial for a crime in Granja de Rocamora, considering that there were deficiencies in the motivation of the popular court, according to the sentence. The decision forced the Seventh Section of the Hearing to move to Elche to hold the trial again, with a new jury and another magistrate. In the previous hearing, presided over by Judge Joaquín María Orellana, the Court imposed sentences totaling 25 and a half years in prison for the crimes of murder and robbery with violence for the beating death of a British citizen on November 16th, 2019.
The events occurred when the 70-year-old victim received the defendant at her home, whom she had known for years for having performed plumbing, electricity and painting tasks for her, as was declared proven in the first trial now annulled. The defendant, 52 years old and of Dutch nationality, was experiencing financial problems, which is why he had been requesting several loans from the victim and which until then had been repaid promptly. That day he had gone to ask for a new loan of 50 euros, something to which she agreed. But, he ended up seeing how the ticket came out of a wallet that contained up to 600 euros. The accused had admitted that that day, when he saw the victim’s purse full of bills, he lost his mind. The moment she turned her back on him, the defendant pushed her to snatch her purse. Immediately afterwards, he grabbed her by the neck strongly and threw her to the ground, where he began to give her numerous blows that ended her life. The man fled with a loot of 500 euros, leaving the body on the kitchen floor. The defendant was arrested by the Civil Guard months after the crime, which focused its investigations on the victim’s environment, since everything indicated that the crime had been committed by someone close to her.
Basically, the popular jury considered all the extremes of the indictment to be proven and ruled out the existence of extenuating circumstances for addiction to narcotic substances or for suffering from a mental illness. In the verdict, the popular court limited itself to saying that these extenuating circumstances had not been proven and it was the magistrate who, when he issued the sentence, explained the reasons why these extremes were not considered proven. In the opinion of the Superior Court of Justice, the judge should have returned the record to the jury at that time so that it could argue these reasons, instead of trying to fill these gaps in the resolution on its own. This fact has motivated the trial to be declared null and must now be repeated again.
“Although the sentence contains impeccable motivation (…)”, the Superior Court of Justice specifies, “the lay members of the court not only did not express the evaluative operation of the evidence that led them to that conclusion, but they did not even introduce the sources of evidence in which they support it. For this reason, the presiding magistrate made up for absences, but this substitution ended with the division of functions, because, deep down, the record of the verdict was not explicit enough to allow him to carry out his complementary work”. The magistrates point out that there was sufficient evidence in the trial to support the fact that the jury had not assessed the application of the mitigating factors claimed by the defence. However, the jury did not say in the verdict what they were. Although the ruling indicates that a “succinct” motivation was sufficient, the resolution limited itself to saying that it had not been proven, without giving further explanations. “Under these conditions, the verdict record should have been returned to the jury for compliance,” says the Superior Court of Justice. In the sentence it is recalled that the coroner “gave sufficient arguments to endorse his imputability report” and that, if only the jury had referred to him, it would have been enough to declare the arguments of the verdict sufficiently motivated.
The accused had argued during the first trial that, at the time of the crime, he had consumed alcohol and drugs, an extreme that the sentence did not consider proven. As well as the existence of any psychic abnormality due to substance addiction. During the trial, the forensic experts indicated that the only information they have on drug use is what the defendant himself gave them and concluded that he was lucid at the time of the crime. The problem for the TSJ is that it is the magistrate’s own conclusions and not the jury’s. This estimate involves the declaration of nullity with retroactivity of the proceedings so that a new one is held, also presided over by a different magistrate “given the nature of the losses”.
A paraglider dies in Elda after suffering an accident
A 45-year-old man died this Saturday after an accident while practising paragliding in the Sierra de Camara, in the municipality of Elda. The events occurred shortly before 2:30 p.m., in the mountainous area of Peñas de Marín. According to sources from the Provincial Firefighters Consortium, the athlete hit the mountain hard, suffering extreme injuries.
A colleague who was flying with the injured person and who witnessed what happened has indicated that the victim had come to open the emergency parachute to try to avoid the crash without success. This extreme has been corroborated by the firefighters, who have located the deceased next to this emergency parachute, a few metres from the paraglider.
The body was deposited in the firefighters’ helicopter that has come to the rescue, to be taken to the heliport located at the Elda Local Police headquarters, where it was picked up by a hearse. Two command units from the Elda park headquarters, plus the mountain rescue group and the Alpha 01 helicopter, have participated in the relief tasks.
Two people are caught stealing batteries at a telecommunications station in Elche
Agents of the National Police have arrested two people in the district of Carrús, in Elche, who were committing a robbery with force inside a telephone transformation station. Those arrested are two men aged 22 and 52, both of Spanish nationality.
Thanks to the police reinforcement carried out in the rural areas of the Elche countryside, where the police presence of non-uniformed troops patrolling in unmarked police vehicles has also increased, the agents of one of these groups that was carrying out crime prevention work citizen security, they observed a person in a vigilant attitude in the perimeter of a telephone transformation station, so the patrol decided to approach without raising suspicions.
When the agents arrived at the place where this person was, they observed that the fence of the compound was fractured in the area near where the suspect was. Also, inside the telephone station property there was another person, who seemed to be tampering with something.
The policemen, after preventing the individual who was outside the premises from alerting the one inside, stealthily entered the station, also surprising his partner, who was at that very moment cutting the terminals of several batteries that the station had. of telecommunication. Both were arrested as alleged perpetrators of a crime of robbery with force in things.
Subsequently, the agents located the vehicle in which the arrested had arrived at the scene, verifying that the alleged perpetrators of the robbery had previously loaded several batteries in the trunk of the vehicle.
After contacting the property, to carry out the police report, in terms of the approximate valuation of the stolen batteries, it was found that they amounted to 5,000 euros, as well as that the damages caused by the manipulation of the communication centre are valued at 2,500 euros. Those arrested were placed at the disposal of the Duty Court of the city of Elche.
Patients in the province are the ones who wait the longest in the Emergency Department
Almost five hours is the average time that patients in the province of Alicante spend in hospital emergencies from when they walk in the door until they are admitted to the ward or sent home. It is the highest waiting time of the three provinces of the Valencian Community. Patients in Valencia wait an average of three hours and those in Castellón spend an average of 3.6 hours in the service, according to the data collected in the advance of the 2021 report that the Ministry of Health has just published.
Of all the hospitals, Torrevieja is the one that shows the highest waiting times. Up to 18 hours on average wait for a room for a patient who comes to this health centre. Scandalous cases have recently come to light that have occurred in this service, such as that of a patient who waited 23 hours to be seen. It happened on May 30th and 31st. It was a 50-year-old person with disabilities, under the guardianship of their mother. He arrived at the door of the Emergency Room with abdominal pain in the early afternoon of the 30th, a Saturday, and left on Sunday at 4:53 p.m., when the medical attention he needed required just an hour and a half.
The second hospital in which patients remain in the Emergency Department for the longest time is that of Vinalopó, public and privately managed. There are an average of 10 hours that patients wait to go up to the floor.
In the Dénia, Vila and General de Elche hospitals it also takes an average of 9 hours to transfer the patient from the Emergency room to a room. In the case of La Vila, at the beginning of June the healthcare pressure caused dozens of patients to have to wait in corridors and boxes for hours to be able to have a bed. On the other hand, Hospital de Sant Joan is where patients wait the shortest time to be transferred to a room (3.3 hours) or to go home (two hours).
These figures highlight the saturation suffered by the province’s Emergencies caused, above all, by the lack of professionals. Only in the ten hospitals in the province, the emergency services would need 25 doctors to be able to cover all the needs of the population, according to calculations by the Society of Emergency and Emergency Medicine, Semes. At the moment, the hospitals in Elche, Elda and La Vila are the ones with the greatest shortage of professionals.
Hospital emergencies are the services that bear the greatest burden of care, especially in the winter months, with the worsening of respiratory diseases and the arrival of viruses, and in summer, when the population multiplies, especially in coastal areas. .
Some services that have historically been underfunded, a problem that has not been resolved with the structural increase in staff that the Ministry of Health has undertaken, according to the Society of Emergency and Emergency Medicine, Semes. In the province of Alicante there are 78 new positions that have been created, an insufficient amount to cover, since 25 more doctors are still needed. It is not the only claim that these professionals have. The province’s emergency physicians are leading a campaign this year to demand that the specialty of Urgencies and Emergencies be recognized within the MIR to improve both quality and health care. They demand that their work be given visibility and a specialisation for future professionals.
A deficit that for patients translates into waiting for hours to be attended at times of care pressure and to be able to enter the ward. For doctors, the result of this lack is greater precariousness, since they are given contracts for shifts and hours in order to cover the needs of these services.