Proceedings opened relating to an incident in 2011

The Court of First Instance and Instruction Number 3 in Vélez-Málaga has ordered the opening of oral proceedings against three residents, two police officers and the Council relating to an incident which occurred in January 2011 during the introduction of the smoking ban in bars.

The case will be heard by the Málaga Provincial Court and relate to an incident which occurred on January 22nd 2011.

At 23:00 on January 22nd 2011, Local Police officers reportedly entered a bar and found a man smoking a cigar. The man was reprimanded and asked for identification. He refused, therefore the officers decided to take him to the police station.

As the officers took the man to their vehicle, two other people intervened to try and prevent this from happening.

It is alleged that one officer was hit and knocked to the floor while both officers were also punched by the three local residents.

During the struggle, it is alleged that one of the officers struck one of the attackers in the genitals, wounding him so severely that he needed surgery.

The three individuals are accused of assault and causing injury to the police officers. The prosecutor is asking for a prison term of two years, a fine and compensation of €2,480 and €3,600 to the officers.

One of the police officers is accused of the crime of injury and the prosecutor is requesting 18 months in prison and compensation of €11,340 for the man whose family jewels came under attack.

The municipal authority is also cited as being vicariously liable for the actions of the law enforcement officers.

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