At the beginning of 2019, Marcos, a businessman with several nightlife venues in Puerto Banús (Marbella), was shot dead when he entered his home in the Guadalmina urbanization. He got behind the wheel of his Bentley vehicle and while the automatic door was closing, two individuals sneaked in, shot him repeatedly in the back and then finished him off by approaching the driver's window. They then took his documentation and fled in a car that was found burned the next day. A year later, the National Police arrested those they considered responsible for the shooting, two men from the Netherlands. Now, the Provincial Court of Malaga has acquitted them of the murder after the popular jury that participated in the trial, at the end of November, considered them not guilty of the crime. Only one of them has been sentenced to four and a half years in prison for belonging to a criminal group and burning a car, although he is free after having already served practically the entire sentence in preventive detention. The prosecution requested a permanent reviewable prison sentence for both.
The police officers who participated in the investigation of the businessman's murder had already warned of this. “The trial is going to be difficult,” they explained during the previous dates, aware of the absence of clear evidence of incrimination. At the crime scene there were no traces of DNA or fingerprints, nor were the weapons used found or the motive that prompted them to kill him was not known. And although the victim's video surveillance cameras captured the entire sequence of events, only two hooded individuals were seen pressing the trigger again and again and then fleeing. Convincing the popular jury that the two people sitting in the dock were the ones hiding under the balaclavas was not easy. “There is no perfect crime: evidence has been obtained because every detail counts. Don't be left with doubts, ask questions, take notes. They are the ones who are going to have to make the decision,” the prosecutor told them during the first day of the trial, before they could listen to the protagonists.
The two accused denied the facts. One of them explained that he works as a plumber and that he had no relationship with organized crime. Yes, some of his friends, but he explained that he cut off the friendship when he found out. He related that he arrived in Marbella on vacation and that on the night of the murder he had asked to borrow a car “in case he was lucky enough to hook up” with a girl he had met. The second stressed that he has his ex-partner, a ten-year-old son and an eight-month-old daughter in Spain, where he resides. He said that he had dedicated himself to giving boxing classes to children in Puerto Banús and had also acted as an intermediary in the sale and purchase of cars. Both denied having gone to the Rotana bar, owned by the victim, to find out about his movements and then follow him to his house, as the police claimed. The two denied having any connection to the murder.
The agents who testified, however, gave numerous details about the work carried out by the hitmen seen in the images, showed the images of the murder and explained their version of the events, with the two accused as protagonists. Both were arrested a year after the murder of the businessman near the border with France: the Dutch authorities had warned the Spanish women that they had traveled to Spain again to commit a new murder. They were considered members of an organized crime gang with up to eight deaths to their credit. The evidence presented by the accusations and defense served to support or refute the police investigations. Finally, the popular jury found the two accused not guilty, although it did find one of them—Badr K.—guilty of belonging to a criminal group and also of having burned a car, which the police assured was the one used in the murder.
The Provincial Court of Malaga has set Badr K.'s sentence at three and a half years in prison for the crime of belonging to a criminal group, as well as one more year for the crime of damage by fire and he will have to pay 31,140 euros to Sixt Rent. to Car as civil liability for the car. The court acquits him of the crime of murder and illegal possession of weapons and asks that he be released “immediately” for this reason, since he has been in provisional prison for almost four years, more than half of the sentence imposed. The Court has also acquitted the other accused, Omar C., of all the crimes attributed to him: murder, membership in a criminal group and damage by fire.
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