Karl Morris - Simple Overseas Properties
The following translation of the court proceedings against Karl Morris and his wife has been sent on by Mr. Morris. He claims that this is the Spanish court’s official translation of the proceedings. I do not know whether or not this is the case.
INSTRUCTION COURT Nº 1 FUENGIROLA
PRELIMINARY REPORT Nº 1.821/2010
COURT ORDER
In Fuengirola, 30th September 2010.
ANTECEDENTS
First.- On the 06/09/10, the Barrister Mr del Moral Chaneta presented a document, on behalf of William Butler, Joan Butler, Joseph O’ Realy, Valerie Monaher and others, requesting the withdrawal of the passport and obligation of daily appearance at this Court, or the prohibition of abandonment of Spain for both accused.
Second.- On the date, the accusation ratified the document; however, it was requested to apply those measures only to Mr Karl Morris and not his wife. The Attorney did not reject the request and the lawyer Mr Balbuena was against those measures for the below described reasons.
LEGAL BASIS
First.- In accordance to the article 763 of Criminal Procedure Act, the Judge can agree the arrest or any measures forbidding freedom or restricting rights in the events that are according the general rules of this Act. The actions that may lead to the appliance of these measures will be held separately.
Second.- The reasons why the accusation lawyer, Mr de los Rios, requests such measures are not duly justified in court orders, as this Irish man, located in Spain for over ten years, living in the municipality of Mijas Costa with his wife and three children, whose school is in Marbella, has businesses in Spain and travels abroad for this purpose therefore there is no escape risk and consequently, the requested measures do not match the reality of the facts.
Having seen the legal precepts,
DISPOSITIVE PART
The measures requested by the barrister Mr del Moral Chaneta, on behalf of William Butler, Joan Butler, Joseph O’ Realy, Valerie Monaher and others, are denied and Mr Karl Morris is informed of his obligation to attend the Court requests at any time.
Please notify this resolution to the parties advising that an appeal for amendment can be served within the following three days to the notification and / or remedy of appeal within the following five days to the notification.
Agreed and signed by Mrs Delia del Pino Artacho, substitute Judge of the Instruction Court nº 1 of Fuengirola.- I CERTIFY.
