Britons Daniel Rushton and Matthew Daly have been arrested in connection with an armed robbery at a supermarket in Puerto Banus, Spain

Britons Daniel Rushton and Matthew Daly have been arrested in connection with an armed robbery at a supermarket in Puerto Banus, Spain

Protecting the Rock’s reputation from any fallout as a result of the Marrache case.?

Gibraltar said yesterday that it would work with the Financial Services Commission [FSC] to protect the Rock’s reputation from any fallout as a result of the Marrache case.The statement came amid concerns that an ongoing criminal investigation into the affairs of prominent local law firm Marrache & Co could impact on the Rock’s financial sector.The association said it would encourage members to take on Marrache clients swiftly and at minimum cost if this was deemed appropriate by regulators.
On Monday, the FSC cancelled the licences of seven entities linked to Marrache & Co, as well as the licences of Benjamin and SolomonMarrache. A day later, police arrested the two brothers and accused them of falsifying documents to hide E1.8m of missing money belonging to a client.The men spent a night in custody but were released on Wednesday after providing sureties worth £600,000 and accepting strict bail conditions.The investigation remains open and further charges and arrests are possible, Attorney General Ricky Rhoda told the Magistrates Court.Finance professionals and lawyers fear that the Marrache case, which will take months to investigate before it is heard in court, could unfairly tarnish Gibraltar’s image.
The finance centre is a major employer in Gibraltar and plays a vital role in the local economy.The aim now to reassure international finance clients, both those who are already here and those who are looking to bring business to Gibraltar.In a statement issued by chairman Nick Cruz, ATCOM welcomed the measures taken by the FSC to “robustly” prevent the suspect entities from further trading until the matter was fully investigated.That step had mitigated the potential loss to any clients of Gibraltar’s trust and companies sector, the association said.ATCOM also welcomed the FSC’s decision to appoint a seasoned auditor, Freddie White, as the authorised administrator of all the suspended companies, a step which the association said would minimise inconvenience to clients.Mr White, managing director of Grant Thornton in Gibraltar, will help clients of Marrache & Co’s Gibraltar office to transfer their business to other licensed entities.ATCOM said it would “…happily engage and assist Mr White and the FSC in whatever way is deemed appropriate, including encouraging its members to accept...the business of the affected companies at minimum cost and as expeditiously as possible so as to minimise interference to their business.”Such transfer would be subject to due diligence and standard checks on customer identity.The ATCOM statement added: “Gibraltar was the first jurisdiction to licence trust and company business in 1989 and its members have consistently met the highest international standards of regulation as recognised by numerous international bodies, including the OECD and IMF.” “ATCOM will continue to work closely with the FSC to develop and encourage a well regulated and prosperous trust and company management sector…that does what it conceivably can to prevent rogue businesses putting at risk Gibraltar’s well earned and respected reputation as a safe place to quite properly do business.”ATCOM’s statement came as the Marrache case began to generate media coverage outside Gibraltar.Yesterday, the international legal profession’s leading trade publication, The Lawyer, published a report on the criminal investigation into the affairs of the Marrache brothers.The publication, which is read by lawyers around the world, sought reaction from Marrache & Co’s London office, where partner Steven Daultrey said he felt “anger, rage and incandescence at certain names working in the firm’s Gibraltar office”.
“I have an office here with people whose livelihoods I have to consider,” he told The Lawyer. “I’m utterly speechless.” According to Mr Daultrey, the Gibraltar firm had nothing to do with the London office, sharing only the brand name. “[Benjamin and Solomon Marrache] aren’t signatories here,” he told The Lawyer. “We do English-law work only.”“I’m concerned for the London office clients too, but at the moment those clients have been nothing but 1,000 per cent supportive.”“We haven’t had one client complain, they’re saying they’ll do anything to help.”
“They receive a good level of advice here but, in terms of reputation, the situation is awful.”Marrache & Co’s offices in Spain, Lisbon, Prague and Luxembourg are also understood to be linked to the firm by name only, The Lawyer said.

Two schools, in Manilva and Marbella, had to be evacuated after becoming flooded

Two schools, in Manilva and Marbella, had to be evacuated after becoming flooded, and in Manilva the A7 was closed for a time as underpasses to gain access to Sabinillas and Puerto de la Duquesa were underwater.There were several landslides affecting roads in the Manilva area.
In Marbella the El Ángel college was flooded and evacuated and a wall collapsed close to the Barceló hotel in San Pedro Alcántara. More than 50 litres per square metre was recorded in Marbella and as much as 80 in some areas.In Estepona the marina was flooded and several local rivers and streams burst their banks leading to flooding of homes and businesses, with the Urbanization Marimontes worst affected. Cancelada was also cut off for a time.Last 12 hours rainfall figures to 7am Tuesday morning
82 litres per square metre in Casarabonela., 84 in Coin and 108 in Ojén.The Spanish Meteorological Agency has extended the orange alert for heavy rain in Málaga province until Tuesday midday.

Benjamin and Solomon Marrache, appeared before the Magistrates Court yesterday charged with false accounting in respect of E1.8m of client money.

Two senior executives at a prominent Gibraltar law firm, brothers Benjamin and Solomon Marrache, appeared before the Magistrates Court yesterday charged with false accounting in respect of E1.8m of client money.The two men were arrested on Tuesday and spent the night in police cells before being ferried to court in a police van.
The two Marrache brothers were ushered by police through a side entrance to Central Police station just before 10am and appeared before the magistrate in a crowded courthouse a short while later.Attorney General Ricky Rhoda, appearing for the Crown, urged the magistrate to impose stringent bail conditions for fear that the two men might flee the jurisdiction.Keith Azopardi, the defence lawyer representing the Marrache brothers together with Samantha Sacramento, said there was no risk of them leaving Gibraltar because both were of previous good character and had strong family ties here.Stipendiary Magistrate Charles Pitto granted bail but set tough conditions on each defendant, in the form of two sureties to the value of £300,000 for each brother. The court also set a further financial condition of £150,000 in their own recognizance for each defendant.In simple terms, failure to appear at future court hearings could cost the defendants and their guarantors up to £900,000 in total.Both men also had to hand in their travel documents and agree to reside at their respective family homes, as well as report twice weekly to police.By the end of the day yesterday, a number of persons had stepped up to provide £600,000 in sureties for the release of the two men.At an hour-long hearing in the evening, Mr Pitto questioned the guarantors closely but accepted the sureties. The two brothers were released from custody later that evening.Yesterday’s developments in court were the opening shots in what will undoubtedly develop into a lengthy and complex case.Mr Rhoda said the sums of money involved “could be quite substantial”.
He said the two men were currently facing “holding charges” and that more charges could follow at a later stage. The Attorney General also said there could be further arrests as a result of an ongoing police investigation.Earlier this week police raided several commercial and residential properties linked to Marrache & Co and seized documents and computers.
Prosecutors allege that in January this year, the brothers falsified documents to conceal a shortfall of E1.8m of funds belonging to a company called Portino Comercio Internacional. One document, a letter signed by Solomon Marrache, purported to show that the money was held by the brothers on the client’s behalf. Another document, a letter signed by Benjamin Marrache, purported to give authority to Natwest bank to transfer the client’s money to a bank in Ireland.But prosecutors said that the Gibraltar bank account supposed to hold the company’s cash in fact had a balance of less than nine Euros and no credit facility.

Benjamin and Solomon Marrache, appeared before the Magistrates Court yesterday charged with false accounting in respect of E1.8m of client money.

Gibraltar bank account supposed to hold the company’s cash in fact had a balance of less than nine Euros and no credit facility.
Two senior executives at a prominent Gibraltar law firm, brothers Benjamin and Solomon Marrache, appeared before the Magistrates Court yesterday charged with false accounting in respect of E1.8m of client money.The two men were arrested on Tuesday and spent the night in police cells before being ferried to court in a police van.
The two Marrache brothers were ushered by police through a side entrance to Central Police station just before 10am and appeared before the magistrate in a crowded courthouse a short while later.Attorney General Ricky Rhoda, appearing for the Crown, urged the magistrate to impose stringent bail conditions for fear that the two men might flee the jurisdiction.Keith Azopardi, the defence lawyer representing the Marrache brothers together with Samantha Sacramento, said there was no risk of them leaving Gibraltar because both were of previous good character and had strong family ties here.Stipendiary Magistrate Charles Pitto granted bail but set tough conditions on each defendant, in the form of two sureties to the value of £300,000 for each brother. The court also set a further financial condition of £150,000 in their own recognizance for each defendant.In simple terms, failure to appear at future court hearings could cost the defendants and their guarantors up to £900,000 in total.
Both men also had to hand in their travel documents and agree to reside at their respective family homes, as well as report twice weekly to police.By the end of the day yesterday, a number of persons had stepped up to provide £600,000 in sureties for the release of the two men.At an hour-long hearing in the evening, Mr Pitto questioned the guarantors closely but accepted the sureties. The two brothers were released from custody later that evening.Yesterday’s developments in court were the opening shots in what will undoubtedly develop into a lengthy and complex case.

Mr Rhoda said the sums of money involved “could be quite substantial”.
He said the two men were currently facing “holding charges” and that more charges could follow at a later stage. The Attorney General also said there could be further arrests as a result of an ongoing police investigation.Earlier this week police raided several commercial and residential properties linked to Marrache & Co and seized documents and computers.Prosecutors allege that in January this year, the brothers falsified documents to conceal a shortfall of E1.8m of funds belonging to a company called Portino Comercio Internacional. One document, a letter signed by Solomon Marrache, purported to show that the money was held by the brothers on the client’s behalf. Another document, a letter signed by Benjamin Marrache, purported to give authority to Natwest bank to transfer the client’s money to a bank in Ireland.
But prosecutors said that the Gibraltar bank account supposed to hold the company’s cash in fact had a balance of less than nine Euros and no credit facility.

2,000 people working without a contract last year, and nearly 500 of them were also collecting unemployment pay.

Work inspectors in the province of Málaga found some 2,000 people working without a contract last year, and nearly 500 of them were also collecting unemployment pay.
Shops and the hostelry business were most controlled by the inspectors in the province last year, and their work recovered 12 million € additional income for Social Security.The numbers are four times higher than those seen in 2008 as the number of work inspections is stepped up.

900 foreign criminals were expelled from the country last year

Spanish Ministry of the Interior has announced plans to reduce the number of foreign prisoners being held in Spanish jails. They want to try to get prisoners to serve their time in the jails of their country of origin.In Spain there are 27,091 foreigner prisoners from 110 countries currently, 242% more than in 2000. The numbers include Cataluña where responsibility for prisons has been devolved to the region.A statement from the Ministry for the Interior said that ‘foreigners are not to blame for the overcrowding in Spanish jails’ noting that the number of foreign prisoners only increased by 3% last year, but even so Spain has one of the highest percentages of foreign prisoners in Europe at 35%.The law already allows for a foreign prisoner to apply to be transferred to his or her home country if he or she wishes, and last year 580 made the application of which 249 have been repatriated. However many do not make the application as conditions in Spanish jails are generally good.If the prison sentence is less than six years and the criminal has not legal residence in Spain he can be extradited instead of going to prison, and under that rule more than 900 foreign criminals were expelled from the country last year.

Socialist Mayor of Cártama, José Garrido, has been indicted on charges of perversion of the course of justice.

Socialist Mayor of Cártama, José Garrido, has been indicted on charges of perversion of the course of justice. He is accused by the Prosecutors’ Office of having deliberately let an order expire against a local resident who had built a home on non-buildable land.The case is being investigated by Instruction Court 5 in Málaga and refers to December 2005 when the Town Hall inspectors noted the house being built on rustic land. There was an initial fine and the site was taped up, but the citizen continued to build despite several visits from municipal technicians in January, March, April and May 2006. Work was still continuing in February 2007, and in October 2008 , SEPRONA, the Environmental Division of the Guardia Civil asked the Ayuntamiento for details of the sanction imposed. That sanction expired in December of that year, and now the Mayor faces charges.The Mayor contends that competences in the case are unclear, and said he has done nothing wrong as no irregular licence was issued by the council. He also noted the lack of resources to carry out any demolitions saying that there are more than 2,000 similar cases currently outstanding. The house concerned in the case currently remains standing.

Date for the start of the court cases for the ‘Malaya’ corruption scandal and the ‘Ballena Blanca’ money laundering affair could coincide

Date for the start of the court cases for the ‘Malaya’ corruption scandal and the ‘Ballena Blanca’ money laundering affair could coincide and that it causing differences between the Málaga Provincial Court and the Anti Corruption Prosecutor’s Office. Final start dates for both cases are still to be set, but they could coincide according to the President of the Provincial Court, Francisco Javier Arroyo. That would cause serious problems for the prosecutor, Juan Carlos López Caballero, who has instructed both cases, and the Chief Prosecutor, Antonio Morales, has concluded that ‘in common sense both cases cannot coincide’.Ballena Blanca was set to start at the end of March, while Malaya could start at the end of May, but with the first expected to last six months and the second a year an overlap is likely. Ballena Blanca has to deal with 19 accused and some 80,000 sheets of evidence, while Malaya has 103 accused and the court summary is 90,000 sheets long.
Antonio Morales considers that the Malaya case should wait until after Ballena Blanca has been completed and has told Diario Sur that he does not understand the hurry.To add to the problems there is a third case, ‘Minutas’ which already has a fixed date of April 6 to June 4 where here the prosecutor, Francisco Jiménez Villarejo, also belongs to the same anti-corruption department.

Two Latin American boys aged 14 and 16 have been charged with the murder of the 71 year old British pensioner Peter Cockshutt

Two Latin American boys aged 14 and 16 have been charged with the murder of the 71 year old British pensioner Peter Cockshutt who was found dead in his home in Arona on the Costa del Silencio, on Tenerife, after what is thought to have been a burglary gone wrong. One of the boys was arrested on Tuesday afternoon, the other on
Tuesday night.The British man, who comes from Brandesburton, near Beverley in East Yorkshire was stabbed twice in the chest and once in the leg. His body was found by a friend on Monday.The two boys are also accused or robbery and both will appear before the judge shortly, and are being held in Guardia Civil custody. An autopsy has been carried out on the victim, but the results have not yet been made public.
It’s understood the two boys have confessed to the crime, and reporting restrictions have been introduced in the case.

Torrevieja Brits are the largest group, making up 16 percent of the total number of operations being carried out

Brits are the largest group, making up 16 percent of the total number of operations being carried outForeign patients now make up 42% of the activity in the operating theatres at the District Hospital in Torrevieja. The largest group is the British, who made up 16% of the 22,640 operations carried out in the hospital in 2009. It shows the high numbers of British tourists in the area, and the number who live in the town for at least part of the year, many of them aged over 65. Britons make up 10% of the padron census in the 12 municipalities serviced by the hospital.
Next group, but with no more than 5% of the total, come the Germans, then the Norwegians and Moroccans.The numbers come amid increasing concerns in the Spanish press about the costs of providing care to ‘health tourists’, and claims that Spain is not getting all the costs of such operations reimbursed in full.

price of resale property in Spain increased in January

price of resale property in Spain increased in January for the first time in 24 months, according to the real estate portal fotocasa.es. Prices rose by 0.6% on average, with the regions of Cataluña, and La Rioja seeing the greatest recovery in price at 4.6% and 4.5%. Prices also rose in the regions of Comunidad Valenciana (2,2%), Asturias (2%), Baleares (1,9%), Aragón (1,4%), Galicia (0,9%) and Madrid (0,7%).It takes the average price of per square metre for resale property to 2,366 €.

Baltasar Garzón, is to appeal against the Supreme Court case which accused him of adopting resolutions

Baltasar Garzón, is to appeal against the Supreme Court case which accused him of adopting resolutions which were allegedly a perversion of the course of justice, by starting to investigate the disappearances of people during the Franco years in Spain.Garzón has said that the Supreme Court case is ‘unsustainable and incomprehensible’ and he has accused the Judge Luciano Varela of using ‘depreciatory arguments’ with no legal base. Garzón has called for international experts who have judged similar crimes to be brought in. Garzón says that Varela has ‘a preconceived idea which stops him analysing the facts objectively’.Garzón also faces a second case where he is accused of not declaring additional income obtained allegedly from the Banco Santander when he was on a sabbatical year in New York.
Meanwhile the Prosecutors Office has said it does not support the accusations being made against the judge and they will be sending their considerations to the CGPJ, despite the fact that the General Council for Judicial Power, the body which oversees the judiciary, started the procedures on Tuesday to suspend the judge.
The Attorney General, Cándido Conde-Pumpido, has said that, in principle, he can see no criminal behaviour which will allow the accusations being made against the judge to be justified.The group ‘Judges for Democracy’ has also expressed its ‘deepest concern’ about the decision of Varela to proceed against Garzón who they do not consider at fault.

woman was reported missing last November, and her chopped up body was found on waste land in Campos, Mallorca

Five Ecuadorians have been arrested on Mallorca in connection with the discovery of the body of a 35 year old Bolivian woman.The woman was reported missing last November, and her chopped up body was found on waste land in Campos, Mallorca, the day after the first three people were arrested this week. Paul Gregory R.C., aged 41; Norma del Rocio V.S., aged 39, and Luis Rodrigo Q.Q. who is said to have been the main author of the killing and who is aged 43. Two further arrests were made on Wednesday and further detentions have not been ruled out in the case.

Killing the Golden Goose More demolition orders have been issued in Albox

More demolition orders have been issued in Albox despite confusing statements by the Town Hall and the Mayor, Sr. José GarcíaIn an interview published on the English language Arboleasnow website , Sr. Garcia is reported to have denied the rumour that nine houses are affected, saying that only eight demolition orders have been issued "by the courts".This statement belies the fact that on the 15th December another of our members was issued with an order not by the courts, but by Albox Town Council itself!And on January 20th, the Official Bulletin board carried an instruction to demolish a building on a plot of land near Alcantarilla, Albox. However, the plot referred to has two homes on it as well as an uncompleted structure.We notified the owners and met with the Town Hall Secretary, who agreed to review the case file and advise us whether the order referred to one, or all, of the structures on the plot. In spite of repeated attempts we are still waiting for a response. The owners have only fifteen days to lodge an appeal and are very worried. They need this information from the Town Hall, and they need it now.
We have been trying to set up a meeting with Sr. Garcia for three weeks. Having cancelled two previous appointments with us, we are now told we cannot speak to him until the middle of February. This, despite the fact that we represent eight of the affected families.It has been because of delays and lack of communication that the legal process in these cases is so advanced it has resulted in people being deprived of their right to defend themselves.Avoiding difficult questions is not an option for the authorities. In order to solve the problem we need ongoing, open and co-operative dialogue to reach a consensual solution involving public bodies, interested associations and all the political parties.

Helen and Len Prior have been ordered to be given a temporary home by a judge’s order.

British Couple Helen and Len Prior have been ordered to be given a temporary home by a judge’s order.Lawyers acting for the couple are claiming compensation from the local council for the loss of their home and also applied for ‘provisional measures’ to house them in a similar property to the one they lost, and it is these measures which the judge has ordered be met. The local council now has to find them a similar property or pay the rent on another one while the case is completed.
AUAN, Abusos Urbanisticos Almanzora No, the protest group acting against the demolition of property in the area, reports that Helen and Len have found a suitable property, and are waiting for the council to agree.

Spanish real estate developer Habitat filed for protection from creditors which hold 2.3 billion Euros in debt.

The main creditors of the developer are La Caixa, Caja Madrid, Banco Santander, BBVA and Banco Popular, a total of 38 entities. This is not the first real estate company to go into administration. The total debt of real estate companies in administration is over 10,500 million Euros.The president of Habitat, however appears rather optimistic as he announced that “the company will face all their obligations and has enough active capital to confront its debt”.

court has registered a condition of ‘bankruptcy’ for Polaris World Sports Centre, Polaris Development, Polaris World Development, Polaris World Indus

Polaris World returned to court with their creditors with the debt now owed to the Bank of Valencia by the Murcian constructor estimated to be around 62-million euros and around 100-million euros owed overall. According to the economic newspaper Cinco Días, the principle creditors are Caja Mediterráneo, Bancaja Group y Banco Popular.
Polaris World accepted that 15 of its companies, are in a ’state of insolvencia’ and thus the group is seeking to initiate a period of negotiation with their creditors before entering suspension of payments. The insolvency affects four of the urbanizations, two hotels and El Oasis de Alhama commercial centre among others. The debt of the company, that also accounts for some 700 employees, approaches 100 million Euros.
In particular,

the court has registered a condition of ‘bankruptcy’ for Polaris World Sports Centre, Polaris Development, Polaris World Development, Polaris World Industrial Machinery Rental, Polaris World Concrete, Polaris World Real Estate, Nicklaus Trail Golf, Valley Resort Golf, Green Property, Riquelme Property, Polaris Tower Hotel, El Oasis de Alhama Commercial Centre, Polaris Oasis City and Alhama Resort Golf. These companies have until 22nd March 2010, to negotiate new terms with their creditors.

It’s still business as usual at Polaris World; the Murcian Government have voiced their support for the complex with the owners and directors are hopeful that new terms can be negotiated to avoid further action and court appearances. Polaris World is known throughout Europe for its golf, football complex, residences and quality hotels and all that can be done shall be, according to the directors and management