Not guilty verdict for British man who showered in stranger's Malaga flat after suffering from a bout of diarrhoea
The Manchester businessman told a city court that due to a language misunderstanding he thought the female owner of the property had given him permission to do so, due to his embarrassing situation
Wednesday, 5 July 2023, 17:54
A jury has found in favour of a middle-aged British man at a court in Malaga today (Wednesday 5 July) who was found not guilty of the crime of breaking and entering at a city centre flat.
The 55-year-old defendant, a businessman, from Manchester, thought the female owner of the property allowed had him to enter and take a shower when he was struck by diarrhoea during the October 2021 incident.
The man, who regularly travels to the Costa del Sol on holiday, "is a 'gentleman' who has been commended on numerous occasions by the British government for his contributions to charitable causes," his lawyer Juan Carlos Alcázar said.
On the day in question the businessman said he had spent the day eating and drinking in Malaga city with some friends. At about three o'clock in the morning, he left the group and began to feel unwell.
The man told the court that he began to feel a severe pain in his stomach. There were people in the street, but he did not see any open establishments that he could enter to use a toilet.
At that point, he told the court that he noticed a woman coming out of a doorway and approached her. "Is that your house?" he asked her in English. She reportedly nodded. According to his lawyer, he asked her if he could go inside to "relieve himself" because he had a lot of pain in his stomach and "couldn't take it any more".
The British man understood that the woman had given him permission to enter her house, which was not the case because she does not speak English. She had actually gone down to the street to remonstrate with people making noise.
The man found the door ajar and the light on. According to his defence lawyer, he did not even have time to get to the bathroom due to his symptoms, so he had to take a shower.
When the woman returned, she heard the sound of running water and realised that someone was inside her flat, so she locked the door and called the Local Police. On arrival, the officers found the British man looking for some clothes inside the flat. He was arrested, handcuffed, and taken into custody for breaking and entering.
After hearing the defendant's arguments, the court accepted his explanations given the "embarrassing" nature of the situation and the fact that at that time of the morning he could not find an establishment open. But the main finding was that, due to language difficulties, he had understood that the owner had given him permission to enter, when she hadn't.