There has been lots of trouble with the squatters. The young couple with children that moved in and replaced the previous squatters in the squatter apartment in Bloque 6, were violent. The Police took initiative to a court case of domestic violence (“Violencia de Género”) between the squatters. The property owner next door was asked to a witness in court. The young squatter woman withdrew the case meanwhile the property owner next door was sitting waiting to be called in to the court room.
Thereafter, the squatter woman, filed a police report (“Denuncia”) against the property owner who had come to the court as a witness. The case against the property owner next door follow the same pattern and was withdrawn just when the session was supposed to begin in court.
It is Casandra Galán Fernández who lived in the squatter flat in Bloque 6 (1D) that filed a police report (“Denuncia”) against the property owner next door. Casandra Galán Fernández accused the property owner of having insulted her daily for six months. On 24 August 2019 the squatter accused the property owner of staring at her and provoking her and that the property owner gave her a shove with the shoulder causing damage but no injury, which the squatter says made her call the Police.
The property owner's version is very different. According to her it was the squatter woman, Casandra Galán Fernández, that insulted and threatened her when she was inside the area of the upper swimming pool, when Casandra Galán Fernández was at the other side of the fence outside on the path. The day time security man was nearby and the property owner went with him to the reception where they called the Police. When the Police arrived they all went to the property owner's apartment, which can be seen on the security cameras that are installed in property owners apartment.
It's difficult to defend oneself against false accusation and require lots of work and effort. It's much easier to prove what is true then what is false. The property owner tried to collect as much relevant evidences as possible to have as strong case as possible.
Previous altercation created by the squatter woman
The squatter woman, Casandra Galán Fernández, had already been threatening people by the lower swimming pool on 18 May 2019 and calling every one “sinvergüenzas”, “bajunos”, “os voy a ahogar a todos”. The next door property owner was among the group by the swimming pool too and the squatter woman went on to threaten her directly by saying: “te voy a rajar”, “te voy a cortar el pescuezo, “cerda”, “guarra”, “hija de puta”, “metiendote en la vida de los demas”, “vas a terminar en la carcel”, “la policia te va allevar a ti”. The Police were called. Policia National arrived and took the name and phone number of the next door property owner and told her to call immediately if the squatter woman would threaten her again.
Domestic violence
The Police went to the squatter flat on many occasions. On 10 May 2019 the Police arrived and could see the face of the squatter woman, Casandra Galán Fernández, was swollen and that she also was bleeding after being beaten up. They told her that the domestic violence had to come towards an end and persuaded her to put a “Denuncia” against her partner and the father of her children. Her partner was arrested by the Police. The Police got in touch with the property owner next door, who is the same person that the Casandra Galán Fernández later on has put the “Denucia” against, to be a witness in the court the following day.
The property owner next door went to the court as a witness, but it was wasted time, because the squatter woman withdrew the case just before the session was supposed to begin in court. It seems that this squatter woman frequently withdraws cases just before the court session is about to begin. One can wonder why the court allow her to continue with this behaviour.
These young squatter couple have got a thick file in the court of Domestic Violence (“Violencia de Género”). It is difficult to understand how the authorities can allow their children to grow up in this dysfunctional environment.
Withdrawal of the “Denuncia” in the last minute
The day for the court case the squatter woman, Casandra Galán Fernández, withdrew her “Denuncia” just in the moment the court session was about to begin. Apparently, the squatter woman arrived to the court on her own with out anyone to support her story. The court has later on issued a sentence where the property owner is cleared from all accusations.
The proofs the property owner has collected show that it's rather the squatter family that has created lots of problems within the community and especially for the living near the squatter apartment. The squatters have been violent and disturbing people day and night. On many occasions the squatter woman has run out outside the squatter apartment shouting “Maltrato, llama a la policia por favor” after she's been beaten up by her partner and the father of her two children.
Lack of support from the Secretary-Administrator
As already mentioned, it is difficult to defend oneself against false accusations. One could assume that the Secretary-Administrator of the community should have been willing to provide with all needed information to help the property owner against the squatter, but it doesn't seem to have been the case.
Regardless what reasons the Secretary-Administrator has had to act in the way he has done, he has indirectly supported the squatters instead of the affected property owner.
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Sources:
- Sentencia (Núm 181/19) Juzgado de Instrucción No 4 de Marbella
- Diligenscias urgente (Núm 162/19) Juzgado de Violencia de Género de Marbella
- Delitos leves (Núm 78/2018) Juzgado de Instrucción No 1 de Marbella
Legislation:
Facts:
- Unacceptable behaviour
- violenciagenero.igualdad.gob.es - Delegación del Gobierno contra la Violencia de Género
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