Rob Horgan
AN obese man accused of squashing a donkey to death in a Christmas nativity display will face no criminal charges.
A judge has thrown out the case at a preliminary trial, ruling that there is ‘no evidence of a criminal offence’.
Estimated to weigh 23 stone, the man posed grinning on a five-month-old donkey in a nativity display in Lucena, Cordoba, in December 2014. Just two days later, the donkey could not walk and had to be put down by a vet.
However, the judge ruled that the facts were not concrete enough to proceed with the case, claiming that the vet’s report was ‘inconclusive’.
“No aggressive action has been credited to the accused,” the judge said. “Even if aggressive conduct was proved, it is not clear what the direct cause of the animal’s death was, and it is therefore not possible to establish the cause-effect nexus needed so that the facts are prosecuted as a criminal offense.”
The Refugio del Burrito, based in Malaga, had filed a private case against the 38-year-old Spaniard in the hope of reaching a criminal conviction.
A spokesman for the refugio confirmed that they will be lodging an appeal against the decision.
A further instance of the high regard the Spanish hold for animals.
I’ve encountered two Spanish judges and both would have been better used as animal feed.
It´s a cruel and stupid action, but it haven´t been proved that the burrito suffered grave injuries by this cause. The fact is that the poor animal died the day after by not determinated causes.
In a judgment for a delict is necessary to demonstrate, with absolute security, that the person involved is guilty.
The person who needs prosecuting is the operator/owner of the donkey and not the person he allowed to ride on the animal. The chap who climbed on the donkey is obviously a mindless idiot who couldn’t care less.
Thank you, David. Your words are exactly what I wanted to write.