The judge investigating the fire at two Murcia nightclubs in which 13 people died on October 1 has allowed the owners of the premises to demolish them because city council engineers had classified them as “imminent ruin” after the sinister. However, he ordered that the demolition of the Teatre and the Fonda Milagros should take place “in the presence of the criminal police” in order to clarify questions relating to the electrical installation. The head of the Court of Inquiry No. 3 has also refused the appearance of the Murcia City Council, the UGT union, Clean Hands or the Consumers’ Union in the case because of the refusal of the families of the deceased and because she understands that in no way can In this case the Council should be seen as a victim.
According to sources from the Supreme Court of Murcia (TSJ), the local administration has already issued the relevant demolition order for the Teatre and Fonda Milagros nightclubs and the judge now authorizes the execution of this order, which must be carried out in the presence of the Criminal Investigation Department “to clarify matters in connection with the electrical installation”. However, the lawyer representing the owners of the Teatre nightclub has requested that the demolition of the premises be postponed because he wants a private expert to enter the burned-out property to prepare a report independently from the criminal investigation department as to where the fire took place has broken out. The manager of the premises, Juan Rojo Inglés, and two other officials of the Teatre also stated this Thursday before the police that this legal case is being investigated. These actions are added to the statements also examined last week by two of the leaders of Fonda Milagros.
On the other hand, the investigator of the case has refused the appearance of the Murcia City Council in the case after the families of some of the people who died in the fire requested that this appearance not be allowed and that a more in-depth investigation be opened. The responsibility for this lies with the local administration, which the prosecutor’s office will do. In the order communicated this morning, the judge assumes that the person cannot be recognized by the City Council “neither in relation to the legal interest protected by the crimes under investigation”, which are thirteen possible homicides due to recklessness in its status as a legal entity under public law.”
In this sense, the judge points out that, after analyzing the doctrine advocated by the Constitutional Court, the Supreme Court and various provincial courts, “the appearance of a popular accusation against public administrations is only permissible if there is express authorization for it.” Legitimization through legal regulation, without recognizing a mere connection between the crime and the exercise of powers vested in the public body.” In his opinion, “the Murcia City Council cannot in any way be recognized as a victim” and “not even the greatest damage to the company’s reputation” . The order emphasizes that those harmed by these alleged crimes are “identified” and the deceased, and that both the prosecution and the private accusations of the victims’ relatives already ensure “the defense of the legality, the rights of citizens and victims.” interest protected by law.”
Likewise, the judge rejected the appearances of the unionized parties UGT, Manos Cleans and the Union of Consumers and Users of Spain in the Region of Murcia (UCE), because she considers that there is a “lack of time” at this procedural moment. Legitimacy,” as it does not appear that these entities have “any connection” to the investigation. The public prosecutor’s office had already raised objections to all of these appearances; although the files are not legally binding, they can be changed and challenged. The judge had previously also denied the appearance of Podemos and a national nightlife association in the case.
Relatives of five of those who died in the fire are already involved in the case, having submitted the documents required by them to correct the applications made, while other affected families are still completing these procedures, according to the TSJ.
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