The Investigative Court 4 of Murcia has agreed to admit for processing the complaint of the relatives of two deceased in the fire at the Atalayas Teatre and Fonda Milagros nightclubs against the Urban Planning Councilor of Murcia, Antonio Navarro, of the PP, and his predecessor, Andrés Guerrero, of the PSOE for having allowed the premises to operate despite the alleged non-compliance with various urban planning and security regulations. The complaint is also directed against three municipal officials for their possible responsibility in the death of thirteen people on the premises: the head of the Fire Prevention service, the inspector of the Technical Service of Works and Activities and the head of the Intervention and Discipline service. of Consistory Activities.
In an order issued on April 4, Judge José Fernández Ayuso states that the complaint by lawyer José Manuel Muñoz Ortín, representing Jairo Correa, father of the deceased Lady Paola, and Kelly, sister of Kevin Alejandro, exposes facts that may constitute a crime of prevarication due to imprudence.
The instructor ruled out the crime
The judge sees it necessary to open preliminary criminal investigation proceedings to qualify the facts and establish the possible “guilt of the responsible persons” and the “pecuniary responsibilities.” [indemnizaciones] that are derived. It warns of indications about “the link” of the deaths with “the administrative action of authorization, inspection and control.”
In any case, the judge declines in favor of the Investigative Court 3, which is already investigating the tragedy of October 1, 2023 in the nightclubs. The head of this second body, Ana María Martínez, last month refused to open a separate piece on the responsibility of politicians and technicians. She rejected the request of the same family members, who, simultaneously with the complaint, presented an appeal to the Provincial Court, pending resolution. According to the judge, who must now decide on the complaint, the municipal intervention “can be described as more or less fortunate, but it is not manifestly or blatantly illegal.”
The instructor, who is investigating several businessmen and employees related to the premises for 13 alleged crimes of reckless homicide, did not appreciate the “passive attitude” of the City Council for allowing the nightclubs to open without a license and with an order to cease activity.
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