A driver who was shot by a Marbella municipal policeman is appealing (in cassation) against a court sentence that acquitted the officer of any wrongdoing.

The provincial court of Málaga sentenced the officer to five months’ imprisonment, which is automatically a suspended sentence as it is less that two years.

He had been found guilty of recklessly causing bodily injury but the court acquitted him on a failure to provide assistance.

The victim lodged an appeal before the Tribunal Superior de Justicia de Andalucía (TSJA), which acquitted the officer of both offences.

So, what had led to the driver being shot? In 2017 the officer saw a car speeding towards him and shouted for it to stop so the driver slammed on his brakes. The officer drew his weapon (which has no safety catch) and told the driver to put his hands against the roof (whilst still sitting).

The driver, however first reached down to put the handbrake on which was when the officer fired. The officer couldn’t explain why he did, when asked to. The defence lawyer had claimed that they were on high alert over the possibility of a Jihadist attacks elsewhere in the country; something dismissed by the prosecutor.

In fact, the private prosecution pointed out that if the car had obediently stopped, there was no reason to shoot the driver at point blank range. The only report on the incident was a report written up by the Policía Nacional which stated that neither the accused nor anybody else was in any danger.

Editorial Comment: I  have never understood why municipal policemen are allowed to carry arms – the Guardia Civil and Policía Nacional, yes, but not Policía Local.

(News/Noticias: Marbella, Costa del Sol, Malaga, Andalucia)