The owners of Mama Luna and Apandaun, benefited by the delays in the case initiated in 2005, will pay more than 70,000 euros in compensation
The four owners of two cocktail bars in Cabo de Palos, very popular at the time, Mama Luna and Apandaun, have been sentenced by a Cartagena court to prison terms ranging between 5 months and 3 months and 25 days as responsible of crimes against the environment and of injuries caused to the three members of a family who suffered between 2001 and 2005 the inconvenience generated by the music of both establishments.
In a sentence known this Monday, the head of the Criminal Court 3, Teresa Álvarez, sentenced the owner of Mama Luna, Francisco José OG, to 5 months in prison and the same time of disqualification, as well as the payment of compensation to the three members of the denouncing family totaling 35,250 euros. For the same crimes, it imposes sentences of 5 months in prison for two of the owners of Apandaun, Alejandro RR and Tomás Andrés AT, as well as 3 months and 25 days in prison for Valentín Pablo GC, all of them responsible for Apandaun. They will also have to compensate the members of that family with 35,250. The magistrate has applied the mitigating factor of undue delay, since the procedure was initiated in 2005 and judged in January 2022.
The case arose from the complaints filed by a neighbor, Diego Martínez Martínez, who was a victim of the sound vibrations of those establishments that operated in the La Baliza shopping center. In this case he has been defended by the lawyer Antonio Sánchez de Bustamante. The Prosecutor’s Office requested three years in prison for those now convicted and the payment of fines as those responsible for the physical and moral injuries suffered by the complainant, his ex-wife and his daughter, who was 6 years old when the bars opened.
Due to that situation, the neighbors filed 205 complaints against the establishments, filed on more than 130 occasions by the Community. The Local Police of Cartagena and the Civil Guard carried out 70 inspections and verified the lack of a license for both to play music and the exceeding of the closing hours and the maximum legal noise level. Dozens of agents, some already retired, testified and ratified their parts during the hearing held a month ago.
This case was previously seen in the contentious-administrative jurisdiction. The European Court of Human Rights condemned the Spanish State in 2011 for not protecting Diego before Apandaun. Strasbourg concluded that the Spanish courts did not guarantee their right to the protection of private and family life.