Two neighbours in Malaga injured following a fight during a dispute over cats

The incident occurred around 9pm, when two relatives went to the home of the then president of the residents’ association to demand an explanation over what they alleged was his treatment of one of their mothers. The neighbour’s partner answered the door and, shortly afterwards, an argument broke out outside the property.

During that initial exchange of insults, one of the neighbours began pushing the president in the chest with his hands as the latter retreated. From that point onwards, it could no longer be determined with certainty who initiated the physical altercation. What was established, however, is that all three ended up fighting. The president punched one of the men in the face, and the two responded with punches and kicks. The president’s partner intervened to separate the combatants. As a result of the brawl, two of them sustained injuries requiring medical attention, while the third suffered no injuries.

The altercation led to criminal proceedings in which each of the parties gave a different account of what had happened. The president of the residents’ association reported that he had been assaulted by the other two neighbours. They, for their part, stated that they had gone there solely to speak to him.

The report stated that the complainant had graze on the left side of his chest, abrasions on one forearm and one leg, and another graze on the frontal area of his head. Another of the individuals involved suffered an injury to the eye, which was assessed shortly afterwards at the health centre, while the injuries of the third person were not proven. In the court’s view, these medical reports confirmed that there was a mutual assault, although they do not make it possible to determine who threw the first punch.

The court decided that the case fell under the category of a "mutually agreed brawl", a situation in which all participants voluntarily engage in the confrontation and in which self-defence cannot be invoked. The ruling noted that, in such cases, "each combatant is responsible for their own actions and the outcome", on the understanding that all parties accept the use of violence to resolve the conflict.

The judges also rejected the arguments put forward in the appeals, including the alleged breach of the presumption of innocence and the erroneous assessment of the evidence. In their view, the physical injuries, the statements given at the trial and the rest of the evidence are sufficient to uphold the account of events established by the court of first instance.

The provincial court of Malaga thus upheld in full the judgement handed down by the Malaga investigating court No. 14. The three individuals involved must each pay a fine of 600 euros as perpetrators of a minor offence of causing bodily harm.