The girl of 20 years who reported having been raped a day the Feria de Málaga
has recognized before the judge that the accusation that led to the arrest of
five young people, two of whom were minors, it was not certain, report judicial
sources. The young man appeared Thursday in quality of imputed by possible crime
against the administration of justice by false accusation before the holder of
the Court number 2 in the city of Málaga, the same judge that led the
investigation of a possible sexual assault and that three days after starting
the investigation the case file to understand that the commission of the offense
was not "justified". The alleged victim argued before the judge that he acted in
this way for fear that they disseminate the video with the sexual encounter that
he recorded one of the young people, according to reports today, the Diario Sur.
With this testimony in court is complete the rotation of 180 degrees that began
to give the case when the judge handed down its file, after analyzing all the
evidence. This last phase, in addition, it has been developed in just 48 hours.
According to the sources consulted, the matter is being processed as urgent
measures. In addition to the complainant, who stated in quality of imputed,
appeared before the judge on Thursday the five young people affected with their
lawyers, in this case, as possible damage.
It was on Wednesday when the Prosecutor of Malaga requested the court to deduct
testimony against the girl who reported the rape last August 17 to determine if
you could incur a possible simulation of crime. Once closed the case, the
request is held in the contradictions that supposedly existed in the declaration
of young; in the testimony of several witnesses; in the artwork that would rule
out the alleged sexual assault (video and photos); and in the expert reports
that reflected in the procedure. The judge opened a procedure that same day. The
girl was found by a local police patrol of Malaga on the eight on the morning of
August 17, Sunday of the fair. I was crying on the floor on a street in an
industrial estate, next to the fairground Cortijo de Torres. He explained to the
agents who after completing his workday in a booth was swept away under threats
by their alleged attackers to a secluded place, in the area attractions, and
there was sexually assaulted in a group. Gave the description of the young
people and five persons were arrested by these facts. Judge Maria Luisa
Cienfuegos decree the provisional dismissal of the proceedings on 20 August,
after the video of the alleged sexual assault, recorded by a mobile phone of one
of the boys reported, that in all times defended that it was consensual physical
relationships. The testimony of witnesses in quality by five fairground, they
saw the young people in friendly attitude and ruled out this possible violation
alleged, was another indication of weight to support the decision to dismiss the
case. The process that affects the elderly was definitively filed a few days
ago, after the expiry of the deadline without any appeal. The cause raised a
fuss in social networks, especially after the decision to file, and there were
supposedly offensive comments against the investigating judge. The tone of some
of them brought to the High Court of Justice (TSJA) to issue a note of public
support for the judge.
Friday, September 19, 2014
The young woman who alleged a violation in Malaga declares the judge to the invention
9:12 AM
Diario Sur, Judge, Malaga, Spain, Testimony