A Guardia Civil officer has copped a three-year prison sentence after self-harming and then blaming a drunk driver he had stopped at a breathalyser checkpoint. 

The officer and two local policemen – who were also convicted – were at the Coin fairground with an intoxicated driver who refused to identify himself. 

The court heard that the two local officers tried to breathalise him, but the man told them he would not cooperate because he did not ‘have the balls’ to do so. 

The Guardia Civil officer then handcuffed the man and ‘hit himself against the window of the detainee’s car injuring himself, and then pulled at the shirt of his uniform until he ripped it’. 

“You did this to me,” the officer said to the driver in front of the other officers, the court heard.  

He then took the driver to the Guardia Civil station in Coin for allegedly attacking an officer and resisting arrest. 

The local police officers supported the lie and wrote a report against the driver, the court heard.

In 2020, the Provincial Court of Malaga sentenced the Guardia Civil cop to three years jail for falsification of documents and false denunciation, and sentenced the two local officers to two years.for the same offences. 

But the officers were dissatisfied with the ruling and brought the case before the High Court of Justice of Andalucia, which dismissed their appeal and upheld the initial sentence. 

The case then went to the Supreme Court, with the two local officers arguing their conviction violated their right to the presumption of innocence and that the evidence at the trial had been wrongly assessed by previous judges. 

But the Supreme Court upheld the initial ruling and concluded the evidence was sufficiently assessed by the sentencing court and that the accused’s right to innocence had not been violated. 


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