Paul Clarke Disputes Karl Morris Claims

Debate over Court Case results

Yesterday I put up a post following a press release from Karl Morris of Simple Overseas. This press release was posted as a comment on our initial piece about Dublin based solicitor Anthony Joyce, who is looking for Mr. Morris on behalf of some Simple Overseas investors in Morocco. Late yesterday evening I received another press release, from Paul Clarke, who had taken the action against Mr. Morris in Spain, claiming that Mr. Morris had not, in any way, been cleared by the courts. Most confusing.

In any case, here is Mr. Clarke’s press release.

CRIMINAL COURT NUMBER ONE, FUENGIROLA, MALAGA

CLIENTS OF LEGAL PROPERTY SOLUTIONS ´V´ KARL MORRIS/DENISE M.L. MORRIS OF SIMPLE PROPERTY GROUP SL UPDATE:

The initial hearing in the above case took place at 10.00 am on Thursday morning in court number one, Fuengirola with all parties present. All charges were formally presented to the presiding Judge Dña. Maria Delia Del Pino Artacho.

This hearing is the first step in the trial procedure for the Judge to decide the jurisdiction of the case and the validity of the charges as previously proposed by the chief prosecutor’s office against the accused parties, and if necessary set the bail amount or alternative conditions upon them.
To protect represented clients interests, and highlight the possibility of the accused absconding lawyer for the prosecution Heliodoro de los Rios entered documents into the court, with the recommendation and full approval of the public prosecutor, that Mr. Morris is either, detained until the conclusion of the case, or as an alternative, requested that the court seize the passports of both Mr. and Mrs. Morris and have them report to the authorities each day until the conclusion of the case.

Morris´ defence lawyer claimed that the charge of misappropriation is a case of speculating investors falling foul of the property market and not misappropriation of funds by Mr. and Mrs. Morris or their company, but did not provide any support documentation to back up this statement.
Morris´ defence lawyer then entered documentation to the court proving that Mr. Morris and his wife were permanent registered residents of Spain and had been for the last ten years and have three children attending a private school in Marbella and had no intention of leaving the country, other than to conduct business meetings, and stated that they would be available to answer all charges against them.

The Judges ruling stated that Mr. and Mrs. Morris had provided sufficient documentation to prove their permanent residency in Spain. It also states that Mr. and Mrs .Morris must be available at any time for immediate contact by the court and present themselves to the authorities on that day. Any overseas travel must be authorised by the court. Failure to respond to any contact by the authorities on that given day will result in them being arrested and detained.
An appeal against this decision has been written by Heliodoro de los Rios and has been entered into the court on Monday morning of this week. The appeal states that due the large amount of money (in excess of €1.5 million) he recommends as a minimum requirement, that the court should seize the passports of the accused and enforce the personal appearance of Mr. and Mrs. Morris to the court authorities on the 1st and 15th of every month until the conclusion of the case. This appeal process will take between 2-3 weeks for the judge to make a decision. If this appeal is not successful in the present court it will be referred for the consideration of the High Court in Malaga.

SUMMARY:

Even though the Judge has placed restrictions on both Mr. and Mrs. Morris it is felt that the appeal is necessary to continue to highlight the importance of this case due to the amount of monies involved thus offering the utmost protection to represented clients interests.

The overall hearing was encouraging with regard to the Judge ruling that this case falls under Spanish jurisdiction and the trial will take place in this court for the duration. With regard to the fact that no defence documentation in relation to the charges was entered, to prove the defence’s position at this point is highly encouraging for all claimants represented.

Heliodoro de Los Rios

Senior Lawyer
LEGAL PROPERTY SOLUTIONS S.L. (B-93034163)
Tel: (0034) 951 295 671 – (0034) 952 582 818 Fax: (0034) 952 587 076
Camino de Coin, No: 11-13, Edificio Doña Maria 4ª,
29640 Fuengirola, Malaga

info@legalpropertysolutions.com –www.legalpropertysolutions.com