They took advantage of the vulnerability of an 87-year-old woman who had been admitted for months to the University Hospital of Canarias (HUC) and had no close relatives. It was last January when a couple with their five children occupied the octogenarian’s home, located on Arzobispo Elías Yanes Street, in La Laguna. The owner of the property had not authorised them to enter her house, and this caused outrage among her neighbours because the woman has had to remain hospitalised as she cannot return to her lifelong home. The events were reported to the authorities, who have now ruled condemning the woman who occupied the property along with her husband and children.
The Investigative Court Number Three of La Laguna has issued a sentence condemning the woman for a minor offence of usurpation. The judicial decision imposes a fine of three months at a rate of six euros per day, totalling 540 euros, and additionally, the ruling orders the eviction from the house within ten days.
According to judicial sources, the appealed sentence also includes the restitution of the property to its legitimate owner and leaves open the possibility of provisional execution should the convicted appeal, which has been the case.
Exploiting Vulnerability
The ruling states that since January 28, the now convicted woman, along with her husband and five children, moved into the house of the hospitalised octogenarian and pretended to have the consent of the affected party, something the court completely dismissed despite the fact that the accused presented a video as evidence. However, the judge considered in her ruling that there is no way to understand that the victim would have given such permission.
During the trial, the octogenarian testified via videoconference from her hospital room and clearly stated that she never gave her consent for the now convicted woman to reside in her home. She claimed to have asked her to check on the house on occasion while she was admitted, but denied ever giving her the keys or authorising her to live there for these months.
An Unsupported Alibi
The accused claimed that there was a close relationship between them and that the owner had allowed her to stay in her house, as she mentioned having a family conflict and was forced to leave her own home. She insisted when questioned by the prosecution that the confrontation with her brother-in-law, whom she referred to as her sister’s husband, coincided with the time the complainant was in hospital, which she went to visit. It was during one of those visits, according to her testimony, that she told her about the family problem and her “hospitalised friend” had allowed her to move into her home while she was in hospital.
The occupiers hired a security alarm and changed the locks without consent
The now convicted woman submitted a video as evidence, but instead of confirming her defence’s thesis, what it did was highlight the vulnerable state the octogenarian was in. For Judge Laura Elguero Martín, the video is more of a piece of prosecution evidence than defence, as she maintains that “what she considers as permission – a slight sound resembling a yes – proves that the accused abused and shamelessly took advantage of the vulnerability the complainant suffers from.” The judge also states that she “pretended” to have been one of the individuals who cared for the complainant during her recovery in hospital.
The ruling emphasises the lack of plausibility in the version of events provided by the accused, particularly as the complainant’s hospital admission coincided with the moment the accused decided to move into the property. Furthermore, the hiring of a security alarm and changing of locks without consent was seen as indicative of permanent intent.
Eviction and Notification to Social Services
The judicial ruling states that the accused and her family must leave the property within a maximum of ten days from the time the sentence becomes final. Otherwise, eviction may be enforced with police assistance. Additionally, this decision has been communicated to the Social Services of the San Cristóbal de La Laguna City Council to assess possible social protection measures.
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