The young man with a Pitbull, who is associated with “Jefe”, has threatened to kill the same man that “Jefe” earlier has been found guilty of threatening. The Judge at court #4 in Marbella found the young man guilty, but instead of paying the modest fine of 90 EUR, he went to a lawyer and appealed against the sentence. The appeal that the lawyer has given in is full of accusations without any proofs being presented.
The evidence consist of a witness, an audio recording and several photos. The technical evidence shows that the young man, who refers to himself as "Bambino", had his Pitbull without a muzzle in public space in “Paseo fluvial” and how aggressive he was when he clearly shouted in English “I kill you!”.
Pitbulls are regarded as potential dangerous dogs in Spain. The owner need to have a license and a liability insurance. Furthermore, these kind of dogs must wear a muzzle and be kept on a leach of maximum 1.5 meter in public space.
The "Bambino's" lawyer at Balboteo RJ Abogados, wrote an appeal of seven pages mainly full of unproved accusations against the man that “Bambino” threatened. There no proofs accompanying the appeal, only the two “Denuncias” that “Bambino” and his mother registered at the court the day after “Bambino” delivered his threats. Anyone can hand in “Denuncias” to the court and they only prove that someone has written something, not what has happened. The “Denuncias” that were handed in by the son and the mother have both been rejected and filed by the court.
A Prosecutor has looked into the appeal and points out that one can only include things to the second instance (“segunda instancia”) that were not know during the first instance (“primera instancia”). This is basic and something a lawyer definitely should know. (Read!)
It looks like "Babino's" lawyer was planing to call "Jefe" as a witness to the second court instance in Málaga, since the lawyer is mentioning his name in the appeal. Due to another article that we've already have published, "Jefe" has been found guilty of threatening the same man earlier.
"Bambino's" lawyer also reproduces the false accusation of taking photos of children by the swimming pools that the parents of “Bambino” have fabricated, which we also have published in another article. A lie does not become true just because it's repeated. (Read!)
Attack is by some people regarded as the best defence, but it's a primitive strategy that is definitely not suitable for an appeal of a sentence. In this court case, “Bambino” has to defend himself against what he's accused of. The accusations letrado Nicolas Navarro Ramirez comes up with has to come up in a separate court case based on its own “Denuncia”. The two poorly written “Denuncias” that “Bambino” and his mother have handed in to the court have both been rejected and filed.
It's interesting to see that “Bambino” writes that he has got a psychiatric illness (”Tengo una enfermedad psiquiátrica”) in the “Denuncia” he's signed and handed in to the court. Then one can wonder how he has been able to acquire a certificate of being in phycological good condition, which is a requirement to obtain a license for a potential dangerous dog.
Sources:
- Sentencia (Núm 110/18) Juzgado de Instrucción No 4 de Marbella
- Sentencia (Núm 53/19) Juzgado de Instrucción No 4 de Marbella
- Denuncia (fecha 25 OCT 2019) Juzgado de Instrucción No 3 de Marbella
- Denuncia (fecha 25 OCT 2019) Juzgado de Instrucción No 3 de Marbella
Legislation:
Facts:
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