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A man who strangled his partner and then burned her body in Nerja has had his 15-year prison sentence for murder upheld. Andalucía's high court made the ruling after rejecting the defence's claim that the trial should be declared null and void, therefore upholding the prison sentence handed down by Malaga's provincial court in April last year.
According to the defendant's lawyer in his appeal, the 35-year-old victim's death occurred during sexual practices. He therefore argued that he should have been tried for reckless homicide and not intentional homicide. However, after reviewing the case, the judge disagreed.
The murder happened on 2 August 2021, when the defendant started a fierce argument with the victim because of his jealousy. In the course of the fight, the man began to struggle with the victim and, moved by a "special contempt" for her "given her status as a woman", grabbed a piece of nylon rope and wrapped it around her neck, strangling her to death. This is what lawyers Antonio José García and Guzel Zamaltdinova, of Garzalex Abogados (lawyers), who acted as private prosecutors, argued during the proceedings.
He then tried to dispose of the body. The suspect wrapped the woman's body in a blanket and put it in a shopping trolley and then tried to hide it under cardboard boxes. He then took it out of the house and moved it outside before putting it in the boot of his car.
He drove for about 40 minutes until he reached a rural area near the Maro factory road, in the municipality of Nerja where he then took the body out of the car and set it on fire, before returning home.
On his arrival he was met with Guardia Civil officers who had been alerted by a neighbour after spotting the defendant with the shopping trolley. The accused acknowledged the facts when he was brought before the court after his arrest and has been in provisional prison since 5 August 2021. At the trial he claimed he confessed out of "pure shame".
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