The individual affected by the attack and homophobic remarks in the municipality of Puerto de la Cruz in September 2022 expressed that he felt “utterly humiliated“, to the point where “a man being identified as homosexual is not just a pathetic faggot.”
This was declared by the complainant during his testimony in the trial that took place on Tuesday in the second section of the Provincial Court of Santa Cruz de Tenerife.
The victim, a French national aged 82, reported that the accused, who is Spanish, had been subjected to various insults regarding his sexual orientation by an individual he did not know.
In public areas
These incidents consistently transpired in public areas, often when other individuals were present, typically in hospitality venues in that Portuense location. “And I refuse to tolerate that,” he stated.
The complainant informed the prosecutor, Enriqueta de Armas; the accusation’s lawyer, the defence attorney, and the judges that this degrading situation had been instigated solely by the accused, as no one else had sought to belittle him in his place of residence.
One of the first same-sex marriages
The complainant clarified that he resides with his husband in the port of La Cruz and that they were involved in one of the first same-sex marriages officiated by the local city council.
The incidents occurred at the intersection of La Hoya and the Bethencourt and Molina families in the aforementioned town.
He stated that on September 9, 2022, fed up with the continuous offensive remarks, he approached the accused to ask why he always attempted to demean him.
Altercation
An altercation ensued between them, and according to one witness, the accused, Manuel E., struck the French citizen. Subsequently, the complainant attempted to defend himself and retaliated with a blow to his assailant.
One witness, who worked as a waitress at a nearby bar, affirmed that the defendant had insulted and belittled both the complainant and his partner.
“If Franco were alive …”
As reported by this woman, the accused used phrases such as “not to sit next to the fags”; or that “he did not wish to take the newspaper because the fags had touched it,” adding that “if Franco were alive, he would deal with all of them” (referring to homosexuals), and that “if not, he personally would give them a beating.”
She noted that such statements were always made loudly enough to be overheard by those in the vicinity. In fact, the witness recounted that she even approached her supervisor to request a ban on the man’s entry.
The punch
A second witness recounted that he incidentally took over a position from his colleague and heard a commotion nearby. He looked towards the kiosk entrance and clearly observed how the accused, Manuel E., punched the victim, who subsequently “defended himself.”
He clarified that moments prior, the accused had come to buy a coupon and, while conversing on his mobile phone, had stated, among other remarks, “I will kill that filthy queer,” or “I will smash his face.” Moreover, these comments were shouted “for everyone to hear.”
“I am quiet and respectful”
The 70-year-old defendant denied the allegations against him. He claimed that he was seated at a table with a woman when the complainant approached him to confront his alleged behaviour.
He stressed that, disliking such scenes, he rose to invite the French citizen to leave him alone. Subsequently, both pushed one another, according to the ongoing legal proceedings.
He asserted that he is a “calm” and “considerate” individual as he has friends and family “of that nature.”
