Unfortunate, very reprehensible but no transphobic tinge to constitute a hate crime. The two local policemen of Benidorm who last May recorded a video where you could see one of them uttering different insults to a transsexual woman, They denied this Thursday before the judge that they referred to the victim in this way because of his condition as “trans.” The agents testified yesterday before the magistrate who is instructing the case to answer for an alleged hate crime, for which both are being investigated since the video came to light.
As this newspaper published in its day, the recording was made from inside the patrol car in a state of alarm, during the weeks of harsh confinement. In it, one of the two agents is observed referring to a transsexual person, of Bulgarian origin and who would be part of a criminal group that regularly operates in the Rincón de Loix area, which is traveling on public roads. The policeman utters phrases like “by day you’re even uglier, you’re horrible”; “What are you doing now that you can’t pull cocks or steal?”; “How do you live? If you would pull few cocks before, with how ugly you are, now what are you doing?” He then also reminds him that it is not the first time that they have had to reproach him for his behavior during those days: “I told you the other day that you couldn’t be around and I did not report you,” after which his partner is heard, that He rebukes him stating that they should denounce him for repeatedly skipping the confinement. The recording ends with a “Go, pig!», Pronounced again by the agent who stars in the rest of the insults.
According to sources related to the case, this policeman, with the initials MM, would have explained to the judge to questions from his lawyer that, before the recording, the woman had been insulting them and making obscene gestures. Apparently, this was the reason that led them to make the recording, but the woman realized that it was being recorded and he lost his nerve and insulted her. This officer, who was detained by the National Police when the video was released, also alleged that the victim is a person towards whom they have a certain dislike for his criminal behavior and that this fact would have been the trigger for everything. Or, as his attorney explained, Francisco González, “The insults had nothing to do with the fact that this woman is transsexual but because she had been skipping confinement for days and because she has accumulated more than 150 complaints of robbery, prostitution on public roads, etc.”
This lawyer indicated that his client regretted the facts before the judge and publicly apologized, after which he reiterated his intention to request the dismissal of the case, considering that the facts have nothing to do with an alleged hate crime.
Meanwhile, the local policeman who was driving the patrol car and who made the recording, with the initials JD, would also have insisted before the judge on the thesis that the insults were not carried out because of his transsexual condition but because it is a woman who often takes advantage of prostitution to steal from her clients and commit other types of crimes. This agent, who in addition to the hate crime is also charged with another for alleged failure to prosecute a crime, answered during his appearance both the questions of his defense and those of the Public Prosecutor and the rest of the parties in the case, among them the Generalitat Valenciana, which exercises the private prosecution.
The lawyer of this policeman, Raúl Pardo-Geijo, explained that, in his opinion, both crimes would be incompatible and that, in the case of the second, it would have been proven in the investigation that this agent went to the head of the service the day the events occurred to explain everything that had happened and the verbal encounter that his partner had with the “trans.” The lawyer also indicated that, as can be heard in the video, this police officer would have indicated that the woman had to be denounced for skipping confinement and, furthermore, that he did not intervene while his partner insulted her because he is an officer and could not disavow in public to a superior, but who did recriminate his attitude in private.
New date to take a statement from the alleged victim
After taking a statement from the two local Benidorm police officers who are accused in the case, the judge who is instructing the case must now decide whether to issue a new summons to take a statement from the victim. As this newspaper has already said, the woman whom the police officer insults while her partner records eluded appearing in court on Wednesday, claiming that she was interned in a reception center in Bétera, in the province of Valencia, and that she could not travel to Benidorm. Likewise, the woman is now without legal representation to prosecute, after her lawyer resigned from the case due to “irreconcilable differences.” Sources related to the case indicated that another “trans” related to the victim also did not appear to testify because she had not been able to serve the summons.
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