The head of the Examining Court number 2 of Murcia agreed on Tuesday the provisional dismissal of 13 farmers or agricultural companies of the proceedings known as ‘Topillo case’ by discharges to the Mar Menor, “For not being duly accredited the perpetration of criminal offense”, without prejudice to the possible administrative responsibilities in which they may have incurred.
In the present proceeding, “among other behaviors, the possible realization of polluting discharges from the use of illegal desalination machines, which would capture water from the aquifers of the Cartagena field contaminated by nitrates with high levels of conductivity that would make it unfit to be used in irrigation.
These characteristics of the water would force the farmers to apply desalination procedures that would cause a rejection that would end up in a network of brine products that in turn poured into the Rambla del Albujón, a few meters from the Mar Menor or would return it to the aquifer. In both cases, the environment could be endangered.
The order, notified this Tuesday, has been issued after the analysis of the expert report issued by a forensic ecotoxicologist in which the magistrate asked to be assessed to what extent the discharges that are attributed to the different agricultural companies and individual entrepreneurs “are likely to generate a substantial, serious or catastrophic risk for the environment.”
In the justification of the order, collecting the conclusions of the ecotoxicological report, it underlines that the extractions and discharges generated by the aforementioned farms, “regardless of the irregularities that may be appreciated by the competent administrative authority, do not have characteristics that allow considering their risk of environmental damage as substantial from a technical point of view».
For this reason, the magistrate considers that the provisional dismissal of the proceedings with respect to the 13 farmers or agricultural companies and administrators related at that point in the report, “due to the perpetration of a criminal offense is not duly proven».
On the other hand, in two other resolutions of the same date, the appeals for reform filed by two investigated are dismissed and the file is considered “premature at this time”, because according to the aforementioned expert report their discharges would be likely to “generate a risk of substantial danger to the environment ‘. The resolutions are not final.
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