Slideshow

MARBELLA GAZETTE

Monday 30 March 2009

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

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

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.

Tuesday 24 March 2009

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

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. –

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

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.

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.”

Kevin John Palmer Costa timeshare salesman disappeared


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.

Saturday 14 March 2009

Police have arrested a 40-year-old Cuban doctor accused of stealing 126 morphine phials from the A&E department at Marbella’s Costa del Sol Hospital

Police have arrested a 40-year-old Cuban doctor accused of stealing 126 morphine phials from the A&E department at Marbella’s Costa del Sol Hospital, where he had worked as an intern since December 2008. An investigation was launched after police received information from hospital chiefs on March 2 that morphine phials had started going missing from hospital crash trolleys over a period of several shifts. During the enquiry officers established that the trolleys were equipped with all the basic equipment necessary for dealing with cardiac arrests and other emergencies. A crash trolley typically holds a defibrillator and intravenous medications, plus a variety of medical supplies. Access to crash trolleys is limited and their contents highly controlled. This should have allowed police to compile a short-list of suspects, narrowed down to medical staff who worked the shifts when the phials went missing. However, the hospital’s police report also indicated that the morphine phials had been taken by someone breaking the seals on the trolley and on the last few occasions forcing the lid of the trolley open. By cross-referencing the shift patterns of medical staff with the dates when the phials went missing, they managed to identify the culprit as a doctor who had worked there on a temporary basis and whose contract at the hospital had finished at the end of February. The suspect is not thought to have a criminal record.

Francis O'Brien, of C-Granada No. 3, Argon, 18132, Granada, Spain, pleaded guilty to the importation of drugs

Francis O'Brien, of C-Granada No. 3, Argon, 18132, Granada, Spain, pleaded guilty to the importation of drugs through Rosslare Port on June 27, 2008, for the purpose of selling or otherwise supplying.Garda Brian Cummins told the court that the defendant driving a Ford Box Van arrived on the Oscar Wilde Ferry from France. On the occasion he was accompanied in the vehicle by his son. When an inspection of the van was carried out cannabis resin to the amount of 79.861kgs was found which had a value of ¤559,027.The defendant, said Garda Cummins had put out a flyer in Spain for deliveries back to Ireland. He was contacted by a man, this person existed, but was in no way involved with drugs. This person agreed a figure of ¤400 to bring furniture back to Ireland.When arrested in Rosslare Port he was conveyed to Wexford Garda Station. He gave the name of a person in Dungarvan for the delivery but on investigation this person did not exist.Garda Cummins said the defendant is a married man with four children, now living in Spain. He was a native of Drogheda.
Mr. Michael Durack, S.C., told the court that the defendant had received a serious hand injury while working in the family Dry Cleaning business in Drogheda. He received some money, went to Spain to live with his family. His children are going to school in Spain. The van he was driving on the occasion was a battered old van he had received in lieu of payment for some job he carried out. He deeply regretted his involvement in this.Judge Doyle said drugs were the scurge of young people in Ireland. This is a very serious crime and she had no choice but to impose a custodial sentence.Judge Doyle sentenced the defendant to six years in prison, suspending the final three years for a period of three years. She ordered that the sentence be backdate to June 27, 2008.

Two Brits,are facing charges of attempted murder after shooting at police in Spain


Two Brits,are facing charges of attempted murder after shooting at police in Spain.Police say the men started shooting after officers asked them to stop urinating outside a shop in a Costa del Sol village.The officers survived only because the 9mm pistol used by one of the men jammed twice.The gunman, named by police only as Paul B, surrendered following a stand-off in Alhaurin el Grande, a hillside village 30 miles from Marbella on the Costa del Sol, a Guardia Civil spokesman confirmed last night.The second man, Paul Logan Donnelly, from Newcastle, fled after abandoning a six-inch knife. He was later arrested.Two civil guards, armed with pistols, had stopped the pair after spotting one of them urinating outside a video shop at 9pm on Monday. Paul B threw a passport belonging to another ex-pat to the ground then took out the gun.He aimed it at both officers, pulling the trigger twice, but each time it jammed, the spokesman confirmed.The officers then took out their guns and talked him round.A Guardia Civil officer described the incident yesterday. He said: “It was around the leisure zone and there were three individuals who were walking through the street and one of them was urinating in the middle of the street.“They (the police) went to identify him and the first of those arrested threw his passport.“When the police approached him then he took out a gun which he had hidden in his trousers, he loaded and shot at one of the policemen.“They (the police) identified him and arrested him without firing any shots. They are now in custody awaiting trial.”Meanwhile, a British Foreign and Commonwealth Office spokesman said: “The men were arrested for urinating in the street and possession of a gun.“A consular team is now working with the relevant authorities in Spain.“The investigation is at a very early stage.”

Junta de Andalucía will shortly be able order the demolition of any property it considers to be ‘manifestly illegal’ within a month


Junta de Andalucía will shortly be able order the demolition of any property it considers to be ‘manifestly illegal’ within a month, in other words any property which is never going to be accepted into an Urban Plan because it has been built on protected land, or on land of high ecological worth.
El País reports that the Regional Councillor for Housing and Territorial Planning, Juan Espadas, on Wednesday took advantage of an appearance in parliament to announce that his department is putting the finishing touches to a new town planning regulation which includes a procedure for summary demolition, without the matter having to go through any further courts. He said the legislation accepted many suggestions from both the Prosecutors and Ombudsman’s offices.
The measure, part of the LOUA, the Andalucian Building Ordination Law, is designed to stop building in nature parks or river beds from taking place in the first place, and end the current scenario that while such a case goes through the courts, other buildings are built nearby.During the debate in Sevilla, the P.P. Spokesperson, Esperanza Oña, hit out at the Socialists for ‘encouraging corruption’, while Espadas called for responsibility to avoid ‘social alarm’. He said that the Andalucian administration had done all it can to protect legal construction, and proof of that was that since 2005 it had ordered 17,649 actions in some 535 cases in the region, some 70% of the total, and mostly for building on rustic land.

Marbella Golden Mile
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