A man, who had already spent 18 months in prison, had his prison sentence revoked because the phone-tap evidence that had led to his being found guilty was ruled ‘illegal.’
The Supreme Court revoked the Málaga, provincial court decision, which had found four men guilty of drug trafficking, each receiving sentences of varying severity, because it considered that the phone-tap order which had been issued by a judge was not based on sufficient legal grounds. The Supreme Court thus considered that the men’s constitutional rights had been violated.
Defence lawyer, Luis Entrambasauas, who represented one of the four, is considering a demand for damages before the Ministry of Justice.
The original court sentence was pronounced on the 21st of December 2010 and found S.E.F.A. together with three others, guilty and also imposed a fine of 500,000 euros. The phone-taps had been ordered, thanks to the arrest of another man with whom the four had dealings.
Basing their strategy on the contents of the phone-taps, the police had set a trap for the men, intercepting two cars; one carrying 110-kilo of hashish with the other vehicle, driven by S.E.F.A, leading the way to avoid standard police check points.
The Supreme Court considers that the information given by the the arrested man first, turned informant against S.E.F.A, was insufficient to justify the phone tap that lead to the men being caught.
(News: Costa del Sol, Malaga, Andalucia)
