Opium Nightclub Case Heads to Provincial Court of Málaga
One of the residences affected by the Opium nightclub is now part of a case that is heading to the Provincial Court of Málaga. The court will decide on the appeal filed by the residents against the dismissal ordered by the judge, Gonzalo Dívar. The residents highlight the judge’s “lack of diligence and the complete lack of will to investigate the reported facts”, expressing their disagreement with the dismissal order.
Details of the Appeal
The appeal for protection and subsidiary appeal, which was filed this past Monday, consists of 14 pages, according to information provided to this digital platform by sources from the prosecution. With this document, they aim to dismantle Judge Dívar’s argument in the order with which he dismissed the case on January 29. The reply consists of three major sections, very detailed, in which they provide discrepancies with the judge, related to the initial delay in admitting the complaint, with the proceedings that have not been carried out, and with the three crimes proposed.
Disagreement with the Delay in Proceedings
The prosecution first shows its disagreement with the delay in the preliminary proceedings, as the complaint was filed in October 2021 and was not admitted until March 2023. Dívar, in his order, explains this delay with various aspects, something that the complainants do not share, considering that there was no justification for such a delay. According to these sources, they reproach the judge for not attending to their request to prevent the opening of the nightclub in the summer of 2022, which caused the residents to suffer the nuisances it generated again.
Unfulfilled Requests and Lack of Investigation
The second major section of the appeal refers to the proceedings that have been requested and that the investigating judge has not carried out. They recall that the case has been archived without any record of the procedure being notified to the mayor, Ángeles Muñoz, who was sued, nor was she ever questioned. They believe that it has not been proven that the highest municipal authority was unaware of the facts in an establishment that “has sponsored her son’s racing car”. The appeal also argues that the City Council has not provided all the requested documentation, and that there are missing testimonies from municipal workers requested by the prosecution.
Accusations of Crimes
Finally, the appeal presents arguments to support the accusations for the crimes of prevarication, against the environment, and injuries. They regret the “reductionist vision” that the instructor has had during the process, overlooking aspects that they consider very important and that they now reiterate to the Provincial Court. With a broad argument, in a very well-worked document despite the urgency of time to present it, they request the revocation of Dívar’s order and that the procedure continue with the proceedings that have not been carried out.
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Dívar archives for the fourth time a case against Ángeles Muñoz: the Opium case.
