SANTA CRUZ DE TENERIFE, December 29 (EUROPA PRESS) –
The Criminal Chamber of the Superior Court of Justice of the Canary Islands (TSJC) has dismissed the appeal filed by the owner of the ‘Simpalabras’ chupitería in La Laguna against the sentence of the Provincial Court of Santa Cruz de Tenerife that sentenced him to 16 years and eight months in prison for three crimes of sexual abuse.
The court does not observe any “evident and notorious error” in the taking of evidence, according to the sentence made public this Wednesday, which also points out that there is no evidence that there is a “spurious motive” to make false complaints by one of the victims, who was a minor.
In addition, it points out that there is a “plurality of incriminating testimonies” that coincide in describing the “modus operandi” of the convicted person and cannot be attributed to a “conspiracy” against him.
Regarding the reports of the experts on the minor – the Institute of Legal Medicine concludes that the testimony is potentially credible and the second considers it indeterminate – the Chamber notes that “in no way do they oppose the conviction obtained by the court of instance through the direct appreciation of the evidence practiced in his presence “.
Regarding the story, it is considered proven that he had his intellectual capacity “diminished for unknown reasons” and although there were contradictions or inaccuracies, they are not relevant because the criminal elements have always remained fixed in his statements.
In fact, it sets out the sentence that “clearly demonstrates that the relationship reported by the minor took place and that due to the state she was in, the accused found it necessary to take her home.”
Apart from the jail sentence, the probation for eight years and the payment of 21,000 euros to the victims of the three crimes as compensation for non-pecuniary damage is also maintained.