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File image of Avenida Antonio Machado, where the fatal hit-and-run happened. SUR
Judges order retrial in murder case of young man after hit-and-run following Benalmádena fight
Crime

Judges order retrial in murder case of young man after hit-and-run following Benalmádena fight

The High Court of Justice of Andalucía has found contradictions in the verdict record that violate the rights of the defendants, who were sentenced to 21 and 23 years in prison

Irene Quirante

Irene Quirante

Malaga

Thursday, 8 May 2025

The High Court of Justice of Andalucía (TSJA) has ordered a retrial in the case of the fatal hit-and-run of a young man, 22, in Benalmádena, which happened on 25 February 2017. The two defendants were sentenced to 21 and 23 years in prison, but their lawyers lodged an appeal against some "inconsistencies" detected in the details of the verdict.

According to the verdict, the defendants had agreed to run over the moped on which the victim and his 19-year-old friend were riding. The latter was seriously injured as a result. The crime was preceded by a fight between the victim and his murderers on the Plaza Solymar.

The case received the first trial in March 2024, during which both were found guilty and were handed the sentence by the provincial court. However, the appeal filed by the defence has led the TSJA to annul the sentence and order a retrial. According to the judges, the jury concluded that the two defendants had not agreed to seek out the victims in retaliation for a prior assault and noted this as a point against them. Nevertheless, the verdict stated as proven that they had indeed made such an agreement with the intent of revenge. Therefore, the jury contradicted itself.

"The contradiction is clear and obvious (...) and cannot be attributed to an error in the drafting of the verdict," the judges stated. "The will of the jury is not clear as to the existence of a prior agreement between the two defendants; on the contrary, its pronouncement in this respect is contradictory, and has an impact on the declaration as proven of the conduct of one or the other, or that of both, and its legal consequence," they said.

According to the TSJA, this incongruence should have been detected by the magistrate, who should have returned the verdict, rather than issue a sentence based on contradictory statements. As the judges stated, what happened has caused "defencelessness" and "infringement of the fundamental rights" of both defendants. As a result, they have annulled both the verdict record and the ruling, and have ordered a retrial.

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surinenglish Judges order retrial in murder case of young man after hit-and-run following Benalmádena fight