The Malaga Prosecutor’s Office has maintained the request for three years in prison for the Murcian businessman Thomas Oliveowner of the La Cañada shopping center in Marbella, for an alleged crime of sexual abuse of a minor under 13 years of age on a flight from Madrid to Malaga. The trial was held this Tuesday in the First Section of the Provincial Court of Malaga behind closed doors and has been seen for sentencing.
During the hearing the minor has assured not to remember what happenedas reported to EFE by judicial sources, who have specified that, when asked by the businessman’s lawyer, the alleged victim has assured that although he did not remember anything, the abuses were not committed.
This change of version was already announced in a statement by the businessman who proclaimed his innocence and assured that the minor had later recognized that the story was false. Despite this, the public ministry has maintained its request for a prison sentence and has relied on the statement made by the minor at the time.
In the provisional document from the Public Prosecutor’s Office, to which EFE has had access, it is indicated that the September 5, 2019 The defendant was traveling as a passenger on a flight from Madrid to Malaga and after changing seats he presumably settled in the same row and next to the minor, who was traveling alone.
Always according to the provisional accusatory version of the prosecutor, the girl fell asleep and allegedly put her hand under her pants and this caused the minor to wake up. Supposedly the girl reproached her for her behavior and asked a steward to change her seat and she sat in a different seat until the end of the flight.
The The prosecutor considers that the facts constitute a crime of sexual abuse. and that there have been no modifying circumstances of criminal responsibility.
In addition to the prison sentence, the public prosecution asks distance measure consisting in that the defendant may not approach the minor or her home or study center at a distance of less than 500 meters, nor communicate with her by any means, especially by telephone, for a period of five years.
By way of civil liability, the public ministry in its brief requests that, in addition, he be sentenced to compensate the minor with 2,000 euros for the moral damages caused.