MALAGA GAZETTE

Monday, March 30, 2009

Ley de Costas has to be respected and chiringuito beach restaurants be removed from the sand

Posted On Monday, March 30, 2009 0 comments

Mayor of Torremolinos, Pedro Fernández Montes, described the statements from Juan Carlos Martín Fragueiro, as a barbarity and a new attack on the Costa del Sol, while in Benalmádena the Mayor, Javier Carnero, said the law did not understand the idiosyncrasies of this type of business, even though no restaurants in Benalmádena would be affected.Ley de Costas has to be respected and chiringuito beach restaurants be removed from the sand, ten large municipalities on the Costa del Sol say they are having none of it.They say they simply do not have the space to relocated the beach restaurants and say the economic cost of moving them and the threat to workers jobs also has to be considered.There is a clause in the Ley de Costas which allows exceptions when, given the nature of the construction of the beach restaurant, it cannot be moved, and now the local ayuntamientos say they are to use that clause to defend the status quo.
Mayor of Fuengirola, Esperanza Oña, said the movement of the chinguitos would lead to the elimination of the Paseo Marítimos, and that would prove disastrous for the local economy.
In Marbella, where 98% of the beach restaurant licences have expired, the Councilor for the Environment, Antonio Espada, said they did not want to see the restaurants disappear from the sand.


Almuñecar has run out of money.Mayor set off on a trip to Morocco

Posted On Monday, March 30, 2009 0 comments

Following the privatisation of its tax collection system, Almuñecar has run out of money.The Mayor, from the Convergencia Andaluza party, Juan Carlos Benavides, has warned municipal workers that this month’s wages are the last ones he can guarantee as the Town Hall is bankrupt.
Benavides blames the crisis on a lack of funding from the Junta and the Diputación, both, he said Socialist controlled. An ex Socialist himself, it was his decision to privatise the tax collection system, supported locally by the PP, which led to the current stalemate, with the Junta challenging the idea and the Granada courts which have meanwhile paralysing the operation.
The Diputación says that the Almuñecar Town Hall should have collected an income of some 3.4 million €, and they will help out, but the Mayor says he will not respond to ‘blackmail’.
After telling the municipal workers of their plight, El País reports the Mayor set off on a trip to Morocco.


Thursday, March 26, 2009

Benidorm bank robbery opposite the Trafico Guardia Civil barracks

Posted On Thursday, March 26, 2009 0 comments

Two French Citizens, both aged 39, have been arrested in connection with an attempted bank robbery. The bank branch is directly opposite the Trafico Guardia Civil barracks in Benidorm, and one of the bank employees managed to attract the attention of Civil Guards who were at the door of their barracks at the time of the robbery.
It happened just before 2pm in Avenida Beniardà, when the two now in custody entered the bank armed with a pistol and demanding the safe be opened. When the Guardia Civil crossed the street the two men tried to run off and a car chase ensued with the arrest of one of the robbers and the second was detained later in El Campello as he was packing to leave his home.The two, who had fake beards and moustaches, had also planned another robbery in Valencia.


Tuesday, March 24, 2009

Murder of a young Dominican in Madrid has helped galvanize that immigrant community.

Posted On Tuesday, March 24, 2009 0 comments

23-year-old Luis Carlos Polanco Peralta died last Friday after being shot twice in the neck. Madrid police arrested the alleged shooter who is of Spanish decent who worked as a private security guard. The exact motive for the murder is unknown, though police said that the assailant confused Polanco Peralta with a drug dealer.
Several hundreds mourners held a silent vigil for Polanco Peralta and clamored for justice to be served. Among those who took part in it where his widow who is expecting their child to be born next month and his mother who said that he “never messed around with anybody.” Some even compared Polanco Peralta’s murder to that of Lucrecia Pérez- another Dominican immigrant who in 1992 was murdered in an ugly bias attack.Polanco Peralta was killed in an area of the Tetuán district lined with bars and frequented by Latin Americans migrants. The neighborhood itself has been the scene of tensions between the growing immigrant community and traditional residents. As one old-timer callously observed:“There are daily brawls among them. They do not respect anyone. All they want to do is boss around. Now they cry out for justice over the death of that boy. What more do they want if, for starters, the shooter has already been detained! ” grumbled an elderly resident walking down the street. –


Four suspects were in custody in Spain in the January slaying of a reputed Colombian drug trafficker

Posted On Tuesday, March 24, 2009 0 comments

Four suspects were in custody in Spain in the January slaying of a reputed Colombian drug trafficker, authorities said.The suspects, identified only as three Colombian nationals and a Romanian, were being questioned Friday in the slaying of Leonidas Vargas, 59, who was fatally shot while being treated in the cardiology wing of Madrid's October 12th Hospital, the Spanish news agency EFE reported Saturday.Police told EFE they also seized guns, ammunition and bulletproof vests.Vargas had been arrested in Madrid in July 2006 and was awaiting trial in a cocaine-trafficking case. He had been on a list of Colombia's most wanted drug traffickers.


Mike Kerr paid nearly £200,000 as a deposit for two holiday homes on the Marbella Vista Golf is fighting to get his cash back

Posted On Tuesday, March 24, 2009 0 comments

Mike Kerr who paid nearly £200,000 as a deposit for two holiday homes on the Costa del Sol is fighting to get his cash back after the properties were deemed illegal.
Mike Kerr, a design engineer from Knaphill, signed a contract with developer Marbella Vista Golf, which is owned by Moleón, in 2003 to build two dream properties in Elviria, near Marbella, on the southern coast of Spain.Mr Kerr has spent 6,500 Euros (more than £5,900) in legal fees so far, as well as paying a total deposit for the two properties of 200,000 Euros (around £182,000). The total cost of the two holiday homes is 642,000 Euros (more than £590,000).But his dream turned into a nightmare when the properties were branded illegal in 2005 because the developer breached the planning permission. Since then, Mr Kerr has been caught up in a succession of court hearings and legal wrangling.He said: “I wanted to make an investment and have a couple of holiday homes. The developer had planning permission for 30 town houses but built 192 apartments.”Mr Kerr explained that the planning permission was retracted so when the properties were completed, Marbella Vista Golf was then unable to obtain a licence for first occupation.He said: “If they can’t get that, we can’t officially live there or rent out the properties and they are almost impossible to sell. “I tried to get a mortgage close to completion and was told by the bank that the properties were illegal and I would have to get a solicitor.“I asked the developer to cancel the contract and return the deposit but Marbella Vista Golf refused because it considered the properties to be complete and said we should go ahead with completion.“But it was illegal so I tried to enforce the bank guarantee.”Bank guarantees from developers have been compulsory in Spain for 40 years for off-plan properties — those that have not been fully constructed at the time of purchase. The guarantees ensure that if a developer does not build on time, goes into administration or does not build at all, buyers can have their money returned. Mr Kerr said he had a guarantee with Spanish bank, Banco Popular Hipotecario (BPH). He added: “I tried to get the deposit back. We spoke to the lawyer who said we could get our deposit back but the bank said no.“You hear about developers not standing up to their side of the contract but banks issue guarantees all the time and you would expect them to honour them.”Mr Kerr and a group of people involved in disputes about five additional properties took the bank to the Court of First Instance in Madrid.He said: “We won the first time but BPH appealed to the High Court and the original result was overturned. “The bank said the properties were not illegal and were licensed. We appealed to the High Court and we lost but there were mistakes made. The court would not re-open the case but said we did not have to pay legal fees.“We went to the Supreme Court but it refused to hear the case, stating it did not deal with that type of case.“We are now taking the case to the Constitutional Court to say it was not heard properly.”As yet, a date has not been set for this hearing.He said: “I have spent a couple of hours a day on the phone and have had to pay for trips to Spain.“It absorbs the holiday as I have to attend a couple of meetings each time I visit Spain and there are the invisible costs because I am self-employed. But there are a lot of people who are a lot worse off than me and have put their whole life savings into the project.”Ruth Genda, from Leicestershire, is in the same situation as Mr Kerr. She presented a petition to the governor of the Bank of Spain, who said in an article in the Spanish newspaper El Pais that banks should be honouring guarantees.A petition has also been submitted to Prime Minister Gordon Brown asking him to intervene and help the group of British buyers.Mr Kerr has also been in touch with members of the European parliament who represent the south-east area.But he said: “They have not been able to assist us in any way. They have responded to letters but they will not get involved in individual cases.But the issue involves more than 30,000 apartments in Spain and it is in no way individual.”Speaking to the News and Mail, Víctor Francisco Sánchez, a solicitor representing the development company, denied the properties were illegal and said the licence of first occupation had been approved provisionally and was on the verge of being approved definitively.A spokesman for the bank said he was unable to talk to third parties about customers.


Four people aged 23 to 28 years have been detained in Torrevieja for the suspected distribution and sale of explosives

Posted On Tuesday, March 24, 2009 0 comments

Four people aged 23 to 28 years have been detained in Torrevieja for the suspected distribution and sale of explosives, during a high profile investigation known as ‘Operation Palmera’. Agents of the National Police intercepted almost 20 kilos of goma- 2, thought to have been stolen from a quarry in the Vega Baja area sometime ago. Goma-2 is a gelatinous, Nitroglycol-based explosive manufactured within Spain for industrial use. The substance was favoured for terrorist attacks carried out by ETA during the 1980’s and 1990’s and is also the explosive allegedly used in the Madrid train bombings of 11th March 2004. Investigations were opened when the Department received information that an organized crime ring, comprising mainly of Eastern European nationals, intended to purchase explosives for use during robberies. The first series of enquiries resulted in the arrest of two Spaniards, aged 24 and 28 years, who were accosted on the day that the exchange was scheduled to take place, carrying a rucksack containing half a kilo of explosives. A second pair of Spaniards, aged 23 and 27 years, was subsequently arrested under suspicion of collaborating with the other two, as “runners” in the transfer of the explosives.
During the investigation, Agents executed two house searches in Torrevieja, where an additional 9.5 kilos of goma-2 and a detonator were also uncovered. The band had hidden a further 7.5 kilos in a hole beneath a palm plantation at the ‘Granja de Rocamora’ farm, divided into several small packages surrounded by plastic bags. The stash was eventually uncovered with the help of the specialist Police Dog Unit from the National Police Headquarters
The defendants were initially presented before the Custody Officer of ‘Juzgado nº1 de Torrevieja’, who ruled that the four suspects be detained in prison without granting bail, and will be tried later by the ‘Juzgado de Primera Instancia Número 5 de Torrevieja’. The Sub-Delegate of the Valencian Government, Encarna Llinares, and the Provincial Commissioner for Alicante, Enrique Durán, appeared before the court to explain the details of the case, presenting a selection of the packages that the Agents had confiscated as evidence. Finally, the Councillor for Police and Security of Torrevieja City Council, Tomás Arenas Buenas, assured citizens that there was no great cause for concern and gave his word that the matter would be addressed promptly and accurately. He also dismissed reports that the explosives have been used in previous attacks carried out in the area.


DOLORES VASQUEZ, who was wrongly imprisoned for 17 months in the much-publicised ‘Wanninkhof’ case

Posted On Tuesday, March 24, 2009 0 comments

DOLORES VASQUEZ, who was wrongly imprisoned for 17 months in the much-publicised ‘Wanninkhof’ case for the murder of her lesbian lover’s daughter, Rocio, has finally managed to clear her criminal record, although she is yet to receive any compensation.Now that her name has been deleted from police records, her lawyers are demanding the sum of four million euros in compensation for false imprisonment and emotional damage although, so far, the government has only agreed to 120,000 euros .On October 9, 1999 the 19-year-old daughter of Alicia Hornos, Rocio Wanninkhof, left her home to visit her boyfriend in Mijas. At about 9:30pm, she left his house to go home and get ready to meet him later at the Fuengirola fair. She was never seen alive again.When she failed to return home, Alicia asked her other daughter, Rosa, to contact Rocio’s boyfriend, Antonio, to find out where she was. He said he had not made it to the fair but that Rocio had been seen there by other friends, so she had probably spent the night at one of their houses.The restless mother went for a walk and found Rocio’s blood-stained clothes. Rocio’s badly-burnt body was found three weeks later, on November 2, at La Cala de Mijas, although forensic evidence indicated that this was not where she had been murdered. An autopsy revealed that she had been stabbed once in the chest and eight times in the back, although, on account of the poor condition of the corpse, it could not be determined if she had been sexually assaulted.Police initially suspected Antonio of involvement but, after he was cleared, their attention switched to Alicia’s former lover, Dolores Vasquez. The media frenzy that followed the brutal murder secured a guilty verdict against Dolores, who has always maintained her innocence.In August 2003, whilst Dolores was waiting for an appeal hearing date, 17-year-old Sonia Carabantes from Coin disappeared and was found murdered in very similar circumstances, five days later, in Monda. Forensic specialists found human flesh under Sonia’s finger-nails from which they were able to recover DNA that matched DNA recovered from a cigarette butt found at the scene of the Wanninkhof murder. Celia Pantoja, the ex-wife of English expatriate, 41-year-old Tony Alexander King, told police she thought her ex-husband may have been the culprit in the Carabantes murder after he returned home on the morning of Carabantes’ disappearance with blood on his clothes and scratch marks on his face. Londoner, King, was arrested in Alhaurin el Grande in September 2003 and convicted of the Carabantes murder in October 2006, when he was sentenced to 36 years in prison.


Arrested four members of a gang found to be in possession of a substantial quantity of explosives

Posted On Tuesday, March 24, 2009 0 comments

Police officers investigating a recent spate of robberies have arrested four members of a gang found to be in possession of a substantial quantity of explosives.
Searches carried out in properties in Torrevieja as part of a police operation, code-named, ‘Palmera’, have uncovered between 15 and 20 kilograms of Goma-2, a dynamite-type industrial high explosive manufactured in Spain for use chiefly in mining.Police are confident that the explosives were not destined to be used by terrorists. Although this kind of explosive has been previously used by ETA in terrorist attacks, police are satisfied that the four suspects have no links with terrorism, but are common criminals who planned to use the explosives to open bank safes and jewellers’ shops or in attacks on armoured security trucks.
Early evidence suggests that the gang, most of whom had previous police records, planned to sell some of the Goma-2 to other gangs and police investigators are now faced with the difficult task of identifying the source of the explosives, which may have been stolen from a local quarry. Alicante National Police said that they were able to positively identify members of the gang after coming across the explosives by chance, during the course of their investigations. Tomas Arenas, Security councillor for Torrevieja Town Council, stressed that such finds are rare and came as a surprise. Praising the National Police on the success of the operation, he appealed to residents to keep calm and assured them that the gang had not had the opportunity to use the explosives in the area.The four defendants, all Spanish (two men, aged 28 and 27 and two women, aged 24 and 23) have been remanded in custody.


Christine Baker did not realise that a casual visit to a neighbour’s house could result in the loss of a limb.

Posted On Tuesday, March 24, 2009 0 comments

Christine Baker did not realise that a casual visit to a neighbour’s house could result in the loss of a limb. Tom and Christine Baker have lived in Javea, on the Costa Blanca, for 25 years but, in May 2004, Christine was the victim of a savage attack by their neighbour’s Spanish Mastiff dog. Christine, who had gone to her neighbour’s home to reclaim some frozen food from his freezer, had telephoned him in advance, asking him to lock away his dangerous dog, ‘Cuqui’. Her neighbour met her at the gates to his home and told her it was safe for her to enter. After a brief chat, she was about to leave when the dog appeared from nowhere and latched on to her right arm with such ferocity that she could do nothing to help herself. The neighbour, a Caribbean man aged 80, who had failed to secure the dog properly, could do little to help. After being mauled for approximately eight minutes, Christine managed to escape the animal’s clutches by poking the fingers of her left hand into its eyes. The neighbour, rather than help her, fled the scene and was later found in hiding by Guardia Civil officers investigating the incident.
According to Tom, the laws in Spain are very strict regarding the keeping of dogs, especially breeds like the mastiff which are listed as ‘dangerous’. All dogs must be micro-chipped and should have adequate insurance cover for any such incident. “Stupidly, this man (very wealthy in his own right) had no insurance on the dog, or even third-party liability on his own home,” says Tom. “He didn’t believe in ‘wasting’ money!” Dogs listed on the dangerous breed list must also be registered and licenced by the council. The process is a fairly elaborate and lengthy one (including psychological and physical tests on the owner - to ensure they are suitable - and criminal record checks).

The laws of Spain also state that the onus is on the witness to call for help. This he also failed to do and it was left for Christine to struggle her way home and dial the emergency services. “I must say they provided an excellent, rapid, service.” Tom says.

In the absence of insurance cover, the Bakers had no option but to sue their neighbour, who had been a friend of theirs for four years. Three years later, in February 2007, the case was finally heard at a Denia court. In the meantime, Tom says, “My wife had no choice, after two different opinions from hospitals in Denia and Valencia, but to have her arm completely amputated at the shoulder.”
At the age of 60, it has been very difficult for Christine to adjust from being a healthy, active and lively woman to depending totally on her husband, for whom she had previously cared after he suffered a stroke in 1999. The court awarded Christine 338,000 euros, plus costs (estimated at 120,000 euros) and interest. She had previously turned down a derisory offer of 155,000 euros as it would not cover the cost of her care for the years ahead. Their neighbour lost a subsequent appeal at the Alicante High Court.To date, Christine has not received a single euro in compensation. According to Tom, the neighbour disposed of all his assets in Spain (including his house), moved any money he had off-shore and declared himself insolvent.“So the next step is a criminal fraud case,” says Tom, “possibly to be heard in Alicante within the next five months, or failing that, in Benidorm in possibly another two years time!” “Can you imagine our financial status after all this time? It beggars belief, as we have been obliged to pay for everything – carers, drivers, solicitors’ costs etc.” He says, “Stress and anxiety have certainly taken their toll on us both.”The Bakers are yet to see the light at the end of the tunnel and, despite the horrific nature of the attack on Christine, have had to contend with long-winded legal procedures that do little to ease their suffering and much to protect the guilty. Tom ended his plea with, “This is not justice, even by Spanish standards.”


unnamed British man in his mid thirties has died after falling from the balcony of a hotel when he was trying to flee from the Guardia Civil.

Posted On Tuesday, March 24, 2009 0 comments

unnamed British man in his mid thirties has died after falling from the balcony of a hotel when he was trying to flee from the Guardia Civil.The man died around 5am on Friday morning after falling from the first floor of the hotel in Guardamar, Alicante, and suffered severe head injuries. It’s thought he was trying to escape after the Guardia Civil were called because of his allegedly drunken and rowdy behaviour which had been disturbing other hotel guests.He was taken by helicopter to hospital but died shortly after.Información newspaper reports that the two British people in the room refused to open the door to the Guardia Civil when they arrived, and when the Guardia managed to gain access one of the men tried to escape over the balcony which was only three metres high.An autopsy has been carried out and the friend of the deceased has been arrested.


29 year old Romanian man who is accused of killing his 25 year old girlfriend

Posted On Tuesday, March 24, 2009 0 comments

29 year old Romanian man who is accused of killing his 25 year old girlfriend, also Romanian, by stabbing her with a pair of scissors 33 times is facing a demand for a 20 year prison sentence from the prosecutor in Málaga.The accused told the court that he carried out the attack in a fit of jealousy after he heard she was leaving him for her boss who had promised to lift her out of poverty. His defence team says that he was under the influence of drugs and alcohol at the time and was now very sorry for his action. The case continues.Meanwhile a 40 year old man has been arrested for beating his wife in Marbella, and using a baseball bat and knife to threaten two police who went to scene. It happened last Saturday.
And another two Málaga men, aged 32 and 44, were arrested on domestic violence charges in the city after threatening a 28 year old woman, against whom one had already a distancing order. It happened on Sunday in the ‘25 años de Paz’


Search for the body of Marta del Castillo continues today at the main rubbish tip for the city, in Alcalá de Guadaira.

Posted On Tuesday, March 24, 2009 0 comments


Search for the body of Marta del Castillo, the 17 year old from Sevilla who is thought to have been killed on January 24, continues today at the main rubbish tip for the city, in Alcalá de Guadaira.Scientific and Judicial Police are supervising the search which has now reached the waste which was thrown away on the day concerned. Bags of rubbish are now being search by hand at the site.It comes after the self-confessed killer of Marta, Miguel Carcaño, changed his story about what he had done with the body, from throwing her into the Guadalquivir river, to placing her in a rubbish container at the end of his street.


Andalucia must must pay 100 million euros for failing to prevent the capture of young boquerones and chanquetes

Posted On Tuesday, March 24, 2009 0 comments

Andalucia must must pay 100 million euros for failing to prevent the capture of rare fishSpain has been fined a record 100 million euros for illegal fishing off Andalucia. The massive fine has been levied after constant warnings about the illicit capture of, in particular, young boquerones and chanquetes.The European Court has ruled that Spain has continually failed to control the illegal fishing in its waters.In particular it is being punished for the regular catches of underweight and baby fish.It has failed to stop a ban of the endangered chanquete, which has been in force since 1989.A source at Spain’s fishing ministry told Diario Sur, that there were so many illegal fisherman that the price had dropped from 150 euros a kilo to just 30 euros.He estimated that up to 70 “bolicheros” as they are known head out every night from Torre del Mar, in the Axarquia alone.Over a dozen bars and restaurants in central Malaga have been denounced for selling the illegal fish.
A further 100 or more are selling the fish up the Costa del Sol.At the central fish market at Huelin inspectors found 20 kilos of chanquetes for sale, with around 25 kilos of other prohibited fish being sold just outside.Now Spain’s Ministry of Fishing is to clamp down by levying a new fine of up to 60,000 euros for the catch of more than 100 kilos of underweight fish. The smallest fine has been increased to 1000 euros for illegal fishing.It is also ordering the immediate seizure of any boats or lorries involved in the fishing or delivery of the products.Over the last month some 30 boats have been seized by members of the Guardia Civil.But, as the source, at the ministry explained: “There are lorry drivers who are driving all over Spain every day taking baby boquerones and chanquetes, who when they are stopped pay a fine and then continue doing it as it is so lucrative.”


Kevin John Palmer Costa timeshare salesman disappeared

Posted On Tuesday, March 24, 2009 0 comments


Kevin John Palmer is thought to have been murdered after he disappeared after a night out in a pub and country club in Hampshire – but nobody has ever been charged or convicted over his death. A murder inquiry was launched four years later when fresh evidence came to light that led detectives to believe Mr Palmer had met his death that night. Now ten years since he vanished, an inquest will be held to determine how he was killed – even though his body has never been recovered. The hearing, which will take place on Wednesday, will bring some closure to Mr Palmer’s family who have not been granted a death certificate, though they are sure he is dead. It was in the early hours of March 13, 1999, that Mr Palmer – nicknamed Jon Bon Jovi because he had similar hair to the rock star – was last seen alive, having returned to England that day from his Malaga home where he lived with his wife and child.He had spent a night at the Sir Joseph Paxton pub in Hunts Pond Road, Locks Heath, and the Abshot Country Club in Titchfield Common. Detectives know he caught a taxi from there with two other men and a woman, travelling to Bishop’s Waltham during the early hours. But a row broke out and the men are said to have got out of the vehicle, had a fight in Botley Road, near Burridge Social Club and the Horse and Jockey pub – and only two men got back in to continue the journey. They made their way to Hoe Road, to the home of convicted drug smuggler John Howett who also owned a second property in the Costa del Sol. In 2002 – three years after Mr Palmer vanished – Howett was jailed for his involvement in a drugs ring that saw £16m of cannabis smuggled into the country.
A year later, in October 2003, while Howett was serving his 12-year sentence in Parkhurst Prison on the Isle of Wight, detectives from the major crime department got a breakthrough. They spent the best part of a week digging up the garden of Howett’s former home in Hoe Road as they searched for clues to Mr Palmer’s disappearance. In particular they were looking for a suitcase, a driving licence and a chunky gold necklace. Neighbours watched as police moved into the small cul-de-sac and forensic teams began digging up the garden and removing items from the house, including carpets and interior doors. As they officially launched a murder inquiry days later, senior detectives said that they believed Mr Palmer had been taken to the house in Hoe Road, dead or alive. The inquiry also saw a team of officers fly to the Costa del Sol for six days as part of the investigation. Back home, all taxi drivers working in Fareham, Eastleigh and Winchester districts at that time were approached by officers who have to this day never been able to trace the man who collected Mr Palmer and his associates that night. A 51-year-old man was arrested on suspicion of murder and released on bail while files on the investigation, called Operation Arkholme, were passed to the Crown Prosecution Service. They later decided not to proceed with charges because of insufficient evidence. In deciding how Mr Palmer died, the coroner has the option of recording a verdict of unlawful killing or an open verdict. He is not allowed to apportion blame.


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