The Court of First Instance and Instruction number 2 of Estepona, acting as guard, has agreed to in freedom of the arrested for assault to an acquaintance who died the next day in the hospital and on whom there was a complaint for sexual harassment of a daughter of the arrested.
The release was requested by the Public Prosecutor while the Court is still awaiting the forensic report to determine the cause of death, and neither party requested the detainee’s admission to prison, judicial sources informed Efe this Thursday.
Although the police proceedings point to a possible wrongful death death case, the investigating court has not yet been able to specify the judicial classification of the facts pending the forensic report clarifying whether the death of the person attacked was a consequence of the blows received or was due to other circumstances.
Meanwhile, the court on duty, at the request of the Prosecutor’s Office, has agreed to the provisional release of the detainee with the precautionary measures obligation to present on the 1st and 15th of each month, withdrawal of passport and prohibition to leave the country.
In his statement before the judge on duty, the detainee has admitted to hitting the victim for the alleged harassment to which he was subjecting his minor daughter.
He explained that the attack occurred inside a bar where he went to look for the deceased after leaving his work day and with the usual dress of his trade, which includes reinforced toe boots, and He has denied that he had put on said boots in order to commit the assault.
After being separated by the customers who were in the establishment, the two people involved left the place differently. The deceased went to a health center where he was diagnosed with bruises, and the next day he was taken by ambulance to the hospital, where he died.
The Investigating Court number 2 has referred the case to the Court number 1 of Estepona, which will be in charge of continuing the judicial investigation when it was on duty at the time the events occurred.
As reported by the Police on Wednesday, the alleged assailant, 49, and the victim, 57, had been friends until, in 2017, the detainee’s daughter, then a minor, exposed to her parents that she was being sexually harassed by a neighbor. Witnesses to the fight indicated that, while beating the victim, the aggressor made allusion to the harassment suffered by his daughter.