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Retrial ordered for one of the hitmen accused of murdering Marbella businessman
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Retrial ordered for one of the hitmen accused of murdering Marbella businessman

The man, who faces life imprisonment, must appear before a judge again after the court deemed the previous jury did not reach an accurate verdict

Irene Quirante

Malaga

Wednesday, 10 April 2024, 14:36

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Andalucía's High Court has ordered a retrial in the case of two men who allegedly shot a Marbella businessman to death in 2019.

The latest twist in the case comes after the public prosecutor's office and private prosecution lodged an appeal, ordering the trial be repeated for one of the hitmen after a jury previously deemed there was not enough evidence to prove his conviction.

The court officials in a resolution, seen by SUR, agreed with the prosecuting parties that the jury did not properly reach its verdict for one of the defendants, handed down last November. They considered members of the jury looked at each defendant's guilt separately and not jointly. The High Court has annulled the original verdict and sentence in relation to one of the defendants. However, it upheld and confirmed the acquittal of the second defendant, considering the inaccuracies in the verdict which affected him were not significant enough to overturn the decision in his case.

Sprayed with bullets

Both were facing life imprisonment for the murder of the businessman, who was sprayed with bullets when he returned to his home in San Pedro Alcántara about 3am on 21 January 2019. According to the prosecutor's office and the private prosecution, the accused were part of a Netherlands-based group that engaged in "unlawful activities against the lives of people and their property". As part of the group, the two men are accused of being hitmen after they accepted an order to kill the businessman. This is why they travelled to Spain and why, in the days prior to the alleged crime, carried out surveillance on the victim's home and venues he owned in Puerto Banús.

The intention was, together with at least one other individual from the group, to "kill him" when he closed his business and returned to his home, according to the public prosecutor's office.

They are accused of going to the businessman's home, and while hiding their faces with hats, shot him while he was still in the vehicle - he died at the scene. According to the prosecution, two days later, they took the vehicle from a garage where it had been stored and drove it to an uninhabited area and set it on fire. Only one of the defendants, the same one who will have to go before a jury again, was convicted, but only in relation to torching the vehicle and belonging to a criminal organisation.

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