The sentence considers that both the former councilor and three municipal technicians did not fail to fulfill their obligations
Three processes against and three acquittals. The Third Section of the Provincial Court of Badajoz, based in Mérida, has dismissed a new accusation against the former councilor of the PP Raquel Bravo for noise complaints. As in the two previous cases, she considers that there is no evidence to show that she failed to comply with her obligation to process her files as Environment delegate.
The first acquittal, on the activity of the Caramelo pub, in Los Bodegones, occurred in 2019. The second, on the Metabar and Marca Sport premises, on San Salvador street, took place last year. The procedure that was pending focused on neighborhood complaints about the Sala Faralaes (later called Indiependent) and La Voz establishments, on Atarazanas and Graciano streets. A ruling from last May 3 absolves Raquel Bravo again for this case.
Likewise, the Provincial Court acquitted the municipal technicians TM, MM and FM, who were also accused in the previous procedure. In his case, he also considers that they fulfilled their obligation. The first of these workers was also prosecuted in the trial for the noises of the Caramelo pub.
On this occasion, the Prosecutor’s Office requested for the four defendants a sentence of four years in prison for two continuous crimes of environmental prevarication or, if the above was not appreciated, 18 years of disqualification for administrative prevarication. The private accusation, exercised by a neighbor of the premises, renounced the procedure at the end of last year.
The events date back to 2013 and 2015 in the case of the local Faralaes, later called Indiependent. The sentence collects the neighborhood complaints, but also the actions carried out by the municipal officials to tackle these problems. On this matter, the ruling states that it cannot be inferred by the defendants “an inactivity that denies rights and is arbitrary with respect to the complainants and carried out with the intention of imposing their personal will on the legality applicable to the case.” Regarding one of the municipal technicians, MM, he even indicates that he neither intervened nor had any responsibility.
As for the La Voz establishment, it began its activity in April 2014, after which it began to receive noise complaints. As in the previous case, he reviews the actions carried out by the City Council, so he does not appreciate a lack of activity.
There is no prevarication
The Provincial Court does not appreciate the crime of prevarication, since for this it considers that it must be proven that the authority or official has acted with “full awareness that it resolves outside the legal system and that it causes a materially unfair result”, so that ” he wants this result and puts the content of his will before any other reasoning or consideration”. In this case, it was also a crime of omission, that is, for not having adopted the appropriate resolutions.
However, the sentence considers that both Raquel Bravo and the municipal technicians adopted different measures, both to control the noise of the premises and to demand improvements from those responsible, even going so far as to temporarily suspend the activity. “You cannot speak for it of inactivity or passivity,” indicates the ruling.
The sentence can be appealed before the Supreme Court, but it represents the third acquittal ruling on many other procedures that questioned the work of the Consistory on the attention to noise complaints.
Eddie is an Australian news reporter with over 9 years in the industry and has published on Forbes and tech crunch.