A SPANISH lawyer defending a man accused of killing a British expat with a gardening hoe insists the victim was a ‘hooligan’ who ‘provoked the incident’ that led to his death.
Jose Ramon Cantalejo made the remarks during an interview with Spanish news agency EFE.
He is representing the man accused of murdering Martin Allwright, 59, who was attacked while walking his dog in Almeria on August 12. He died five days later in hospital.
Emergency services received a call at around 1.10am from the village of El Palaces in Zurgena.
The suspect, also 59, initially arrested on charges of attempted homicide, was later released on provisional bail.
But following Martin’s death, the charges were upgraded to murder. The investigating judge has ordered the suspect to be remanded in custody.
But Cantalejo, lawyer for the accused, maintains that his client has been locked up over fears of ‘social alarm’ and pressure from the British expat community in Almeria.
“After seeing the order for imprisonment, we believe that the judge has used in this case the argument banned by the Constitutional Court (TC) of social alarm, because we believe that the rest of the arguments do not hold up,” the lawyer told EFE.
“The judge said that he has no roots… and is a man who has hardly had a traffic ticket in his almost 50 years, who has two children studying in Granada, one in Psychology and another in Fine Arts; who has lived for generations in El Palaces. And he agrees to his imprisonment with the excuse of his lack of roots and that he can evade justice.”
Cantalejo also insisted the incident was ‘provoked by the English citizen’, who he claims ‘had already been reported previously and who the neighbours were terrified and afraid of.’
He said: “I’m not one to say how he was, but many say that he was a real hooligan.”
He then launched into a diatribe about the ‘type’ of English found in areas similar to where the incident took place.
He said: “The area of ??Zurgena, being cheaper, is not the same as Vera Playa or Mojacar, where we see English people with big cars.
“No, here we are talking about people who even came to work, or who, when they retired, sold their house south of Glasgow or Birmingham and live here like real princes, but they do not fit into the social reality of the country.”
On the ‘pressure’ of the British community on the courts, he said: “They are gaining ground in the press because they have the support of even the consul, and at a certain point the judge, it can be said, had no choice but to put him in prison due to this social alarm that is prohibited by the Constitutional Court, although we are sure that he will be released, because there is no risk of flight, nor of repeat offence.
“In this case, what happened was a consequence of the deceased’s own guilt and aggression.
“These citizens have to adapt, as we Spaniards have adapted when we have emigrated, we have always been an example in all countries when it comes to learning the language and customs.”
He added that he knows many British residents who are ‘fantastic’ and that he is not referring to all Brits who move to Spain or abroad.
The Alleged Incident and its Aftermath
Discussing what happened on the night Martin was attacked, Cantalejo claims it was not murder.
He told EFE: “Firstly, this man did not die at that moment, that is why they released my client and he spent a week like that.
“The ambulance took an hour to arrive. The British man did not want to go, and there are videos that prove it, he did not want to go to the hospital. He tried to ask for voluntary discharge…
“Then he goes to the hospital in Huercal-Overa (Almeria), after taking an hour in the ambulance, and it turns out that there is no neurology service and they have to take him to Almeria.
“We do not know exactly how long it took to perform the operation. But they were able to take the car and take him to the hospital directly…
“We do not know the exact cause of death, we will have to study the forensic evidence, we will have to make a new report, because we believe that he should not have died, that his life could have been saved if he had received the proper medical attention.”
He added: “From another point of view, the aggression was from his side, because he was the one who went to throw a rock at my client and with his dogs, and the only thing my client did was to get between this man and his wife, hitting him with the first thing he had at hand.”
Widow's Appeal for Legal Fees
The Olive Press has contacted Martin’s wife Sarah Allwright for comment.
Sarah, from Exeter, has been raising funds to cover the costs of pursuing a separate legal claim against the alleged killer.
A criminal lawyer will cost Sarah €18,000 with €9,000 demanded up front.
“Martin was hit on the back of the head with a sharp garden implement,” Sarah wrote on her Gofundme page.
“He received brain surgery and was in hospital for a week, but sadly lost his life on August 19.
“I am asking for help with this as this cost is huge to me. Any help would be so much appreciated.”
She added that Martin had ‘a great many friends’ and described him as ‘always up for a laugh.’
“His great passion was Exeter Chiefs rugby and it will be sad that he won’t be watching the start of the new season with me,” she added.
A Tragedy With Deep Implications
The case has sparked outrage and sadness in the British expat community in Spain. Many are expressing their shock and disbelief at the circumstances surrounding Martin's death. The incident also highlights the complexities of living as a foreigner in another country, and the potential for cultural misunderstandings to escalate into tragedy.
As the case progresses through the Spanish legal system, there are many unanswered questions. Was the attack truly provoked, as the defendant's lawyer claims, or was it a senseless act of violence? Will Sarah Allwright be able to raise the necessary funds to pursue justice for her late husband? The answers to these questions will have a profound impact on the lives of all involved, and may serve as a cautionary tale for anyone considering making Spain their home.
It remains to be seen how the legal process will unfold and what the ultimate outcome will be. The tragedy serves as a stark reminder of the inherent dangers and challenges that can accompany life abroad. It also underscores the importance of understanding and respecting local customs and norms, as well as the need for empathy and compassion when dealing with difficult situations.
