Retrial Ordered for Alleged Hitman in Marbella Businessman’s Murder Case
The High Court of Andalucía has mandated a retrial for one of the two men accused of the 2019 murder of a Marbella businessman. This development follows an appeal lodged by the public prosecutor’s office and private prosecution, which argued that the initial trial lacked sufficient evidence to prove the accused’s guilt.
Court Officials Agree with Prosecution’s Appeal
Court officials, in a resolution viewed by SUR, concurred with the prosecution’s argument that the jury did not adequately reach its verdict for one of the defendants, a decision that was handed down last November. The officials believed that the jury evaluated each defendant’s guilt individually rather than collectively. Consequently, the High Court has nullified the original verdict and sentence for one of the defendants.
Acquittal of Second Defendant Upheld
Despite the retrial order, the High Court upheld the acquittal of the second defendant. The court deemed the inaccuracies in the verdict affecting him were not significant enough to warrant a reversal of his acquittal.
Details of the Murder Case
Both men were facing potential life sentences for the murder of the businessman, who was gunned down upon returning to his San Pedro Alcántara home around 3am on 21 January 2019. The prosecution alleges that the accused were part of a Netherlands-based group involved in illegal activities against individuals and their properties.
Accused Men’s Role in the Crime
The two men are accused of being hitmen who accepted an order to assassinate the businessman, leading them to travel to Spain. In the days leading up to the alleged crime, they reportedly surveilled the victim’s home and his establishments in Puerto Banús. Their plan, in collaboration with at least one other group member, was to murder the businessman upon his return home after closing his business.
Details of the Alleged Crime
The prosecution alleges that the men went to the businessman’s home, concealed their identities with hats, and shot him while he was still in his car, resulting in his death at the scene. Two days later, they supposedly retrieved the vehicle from a garage where it had been stored, drove it to a deserted area, and set it on fire. Only one of the defendants, the same one facing a retrial, was convicted, but only for setting the vehicle ablaze and for being part of a criminal organization.
