British guitarist Samuel Gary Owensmember of the heavy metal band A II Z, demands compensation of five million euros from Spain by understanding that his presumption of innocence was violated during the judicial process by the murder of a Norwegian music promoter in 1991of which he was accused and later exonerated.
Owens, who was the opening act for legendary groups of the genre such as AC/DC, Iron Maiden or Black Sabbath, and whose demand has been advanced The Spanish, He spent 30 months in provisional prison for these eventsin a procedure that lasted for nearly 25 years.
Thirty years later, The guitarist has denounced Spain before the European Court of Human Rights (ECHR) by understanding that His musical career was “cut short” when he was “canceled” for a crime for which he was acquittedAccording to Víctor Soriano, his lawyer, explains to EFE.
Now, once the claim has been submitted, the ECtHR has to decide whether to admit it for processing and Spain will subsequently have to respond, a process that will last until next year.
The case, which investigated the death of the Norwegian music promoter Torbjorn Largaas Heia in Marbella (Málaga), dates back to 1991. According to the investigations, Owens was the last person to see him alive. in a meeting that took place a few days before his disappearance was reported.
After the discovery of the human remains of the promoter, the guitarist was arrested and sent to provisional prison in the Alhaurín de la Torre prison (Málaga) for two years until his releaseat which time he returned to the United Kingdom. Víctor Soriano reports that Owens even used a pseudonym in prison to avoid “negative repercussions” during the time he was deprived of liberty, fearing for his life.
After 15 years free, The musician was extradited to Spain and entered the Soto del Real prison in 2009.from where he was soon released again on bail until 2016, when he was exonerated of the crime. The case was ultimately unsolved.
“We claim compensation of five million euros because we understand that Spain has breached the presumption of innocence. “Gary was in provisional prison for 30 months, he was extradited, and the delay of the process has meant that a successful career, because he had played with AC/DC, is cut short due to having suffered a cancellation,” the lawyer argues.
In the complaint, the musician also refers to the “undue delay” of the process due to “an anomaly” in the judicial administration that must be repaired, according to the lawyer.
This “abnormal” functioning of the courts pushed the guitarist to raise the facts before the Ministry of Justice, which rejected this point despite the fact that the General Council of the Judiciary (CGPJ) did see signs of it, the lawyer states.
Later, Owens filed two appeals before the National Courtthe Constitutional Court and the Supreme Court which, in all cases, were rejected.
“The courts say that although there is an anomaly, because it is not normal for it to last so long, as there is a provisional dismissal there is no compensation. Applying the doctrine of the ECtHR, that interpretation is the same as telling Gary to prove his own innocence. Innocence is presumed; guilt is what must be proven,” argues the musician’s lawyer.
#Musician #Gary #Owens #claims #million #euros #Spain #murder #acquitted
