Section 2 of the Provincial Court of Murcia in a recent court ruling dated October 6, 2017, has confirmed the one that in its day issued the Court of Instruction No. 4 of Totana, dismissing the Criminal Complaint for insults and slander filed by Alfonso Cañizares Tudela (Inspector of Works of the City of Totana) against the socialist exconcejal Belén Muñiz and Totana.com.
Alfonso Cañizares Tudela complained against "Totana.com" and the one that was councilor of the PSOE Belén Muñiz, for publishing in November and December 2014 that no official of the Totana City Council assigned to the urban planning area had recognized its compatibility to perform works outside of his public function, which could constitute, in the judgment of the then socialist mayor, according to the scope of work of this Inspector of Works, "take advantage of municipal work" may constitute another case of corruption.
The Provincial Court emphasizes that the facts disclosed and published by "Totana.com" lack of offensive range and do not support a trial of provisional typicity, (that is, absence of unlawful conduct) affecting the fact consolidated for more than 40 years of reiterated jurisprudence of the Constitutional Court, that when concepts such as freedom of information and right to honor collide, Information enjoys a preferential position and must always prevail.
The complaint is unfounded
The judicial resolution recalls that the imposition of costs on the complainant is based on the avoidance of unfounded complaints or the unjustified imputation of criminal acts and must adhere to the criteria of evident recklessness and notorious bad faith.
Use "torture" of Justice
It adds that the instrumentalization of Criminal Law to silence or silence criticisms leads to declaring the complainant incurred in recklessness.
Therefore, the Provincial Court of Murcia agrees to dismiss the appeal filed by the plaintiff Alfonso Cañizares Tudela, confirms the judicial decision of the Court of Totana and sentenced him to costs for recklessness and bad faith.
It should be remembered that in his criminal complaint, now lying by the court, Alfonso Cañizares Tudela requested â‚¬ 20,000 from civil liability to Belén Muñiz and Totana.com
The director of Totana.com has shown his satisfaction after hearing the court ruling that overturns the lawsuit filed by Mr. Cañizares Tudela, highlighting as stated in the forceful judicial order, that there was no offensive range published by this portal .
It also ensures that during the trial preview not only could not prove the existence of insults and slander, but everything published in his day was true, should prevail the right of every citizen to be truthfully informed.
In his opinion, it was an unfounded complaint after the information file opened to the complainant by the City of Totana, in order to determine the conditions under which he carried out his private activity without proper prior compatibility.
On the other hand, the exconcejal Socialist Belén Muñiz has also shown his satisfaction after knowing the judicial resolution.
It also states that the court order, to ensure that there was no offensive range, "categorically refutes what was affirmed by the board of staff and staff of the city council in a document that was provided by the complainant," and adds that "it reserves the right to take legal action against those responsible for signing said document. "