Grieving family blast sentence after man found guilty of roofer’s death in Spain

Bournemouth Echo: Stephen Mallon Stephen Mallon

A MAN has been found guilty of the manslaughter of Southbourne dad Stephen Mallon who was pushed to his death during a vicious brawl in Spain.

Jose Jiminez Martin was jailed for just three years sparking outrage from Mr Mallon’s family.

Mr Mallon, pictured, a 49-year-old roofer, died in June 2009 following the attack in Competa, near Malaga.

Stephen’s widow, Teresa, 47, blasted the sentences handed out to Jiminez Martin and others convicted in connection with her husband’s death.

She said: “They’re disgusting to be honest.

“We will be reviewing the sentencing document to see where we go from here.”

Stephen's son, Peter, took to Facebook to tell of the family’s frustration at being unable to have Mr Mallon’s body released for a funeral until after the court proceedings.

“This is why me and Carl went over to the trial because if we didn't we feared his body would never be released. No man deserves this.”

Jiminez Martin, 28, was spared the possibility of a 15-year jail sentence after being cleared of the more serious charge of homicide by a panel of three judges at Malaga Criminal Court following a five-day trial.

A judge ruled Jimenez Martin had provoked the holidaymaker’s fall from a 13ft ledge during the mass attack by a group of locals.

Lead judge Andres Rodero Gonzalez concluded: “We believe there is sufficient proof in relation to the origin of the fall, in the sense that it was provoked by the accused and not the result of a simple loss of balance.”

He also ordered Jimenez Martin to compensate Mr Mallon’s hairdresser widow with £96,000 and his three children with £72,000 each.

Mr Mallon, died in hospital 11 days after suffering severe head injuries in the June 6 2009 fall in the mountain village of Competa, where he had a holiday home.

A fight broke out in La Estrella disco bar where Mr Mallon, his twin sons, and their three friends, named in court papers as Brendan Cookman, Simon Byne and Finian Donelly, were attacked with belts, metal poles and other weapons by up to 20 people. Sons Peter and Carl, 16 at the time, suffered broken bones after being punched and attacked and also suffered post-traumatic stress.

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8:25am Thu 19 Jun 14

rudolph_hucker says...

"He also ordered Jimenez Martin to compensate Mr Mallon’s hairdresser widow with £96,000 and his three children with £72,000 each."
Unlikely a 28 year old Spaniard will have this much money though.
Saying that, if it had happened in this county and not Spain, Wiggsy would have given him even less time.
"He also ordered Jimenez Martin to compensate Mr Mallon’s hairdresser widow with £96,000 and his three children with £72,000 each." Unlikely a 28 year old Spaniard will have this much money though. Saying that, if it had happened in this county and not Spain, Wiggsy would have given him even less time. rudolph_hucker
  • Score: 4

9:32am Thu 19 Jun 14

dvdr says...

There are two sides to this story, and the judges will have looked at both. The trial was not a trivial affair - three judges, over five days, and the attack seemingly provoked as well. Either of the parties may feel aggrieved at the judgement and penalties, but because the end result was not what one party (looking at only one side of the coin) hoped for does not automatically make it wrong.
There are two sides to this story, and the judges will have looked at both. The trial was not a trivial affair - three judges, over five days, and the attack seemingly provoked as well. Either of the parties may feel aggrieved at the judgement and penalties, but because the end result was not what one party (looking at only one side of the coin) hoped for does not automatically make it wrong. dvdr
  • Score: 3

3:58pm Thu 19 Jun 14

johnmsith says...

Two sides? I'm sure he was no angel but lets hypothetically suggest that this man with his children and their friends had intentionally provoked this attack. Lets suggest that they started the whole thing and yes it was their fault that the situation deteriorated. The locals should have called the police and let them sort it out which would have been the actions of most people in most civilised countries. But no they set about this man and his CHILDREN with weapons and greatly out numbered them. They then pushed Mr Mallon off a balcony resulting in his death. Cowardly and disproportionate behaviour against a father and his children - dvdr are you suggesting this is ok? 3 years after 5 years worth of pain waiting for his body to be released yeah i'd be a little angry. Glad to knnow we're no the only country with pathetic sentencing.
Two sides? I'm sure he was no angel but lets hypothetically suggest that this man with his children and their friends had intentionally provoked this attack. Lets suggest that they started the whole thing and yes it was their fault that the situation deteriorated. The locals should have called the police and let them sort it out which would have been the actions of most people in most civilised countries. But no they set about this man and his CHILDREN with weapons and greatly out numbered them. They then pushed Mr Mallon off a balcony resulting in his death. Cowardly and disproportionate behaviour against a father and his children - dvdr are you suggesting this is ok? 3 years after 5 years worth of pain waiting for his body to be released yeah i'd be a little angry. Glad to knnow we're no the only country with pathetic sentencing. johnmsith
  • Score: 2

4:25pm Thu 19 Jun 14

hoppy says...

The whole story is very sad,but you would have had to have been here to understand it. 6 to 1 & a half dozen of the other seems to be what happened.
So,Johnsmith,living here as I do I can assure you that there is more to this than meets the eye.
Firstly,late night drinking,young attractive girls,young men (his sons were not young children ) & if they were why were they out drinking late ?? all the makings of a problem as is in any big town in the U.K.
Of course it is wrong for it to have taken so long & of course it is wrong for the deceased not to have been released before,but you are in another country & that is the way it is.
I have every sympathy for the family & their loss & do not point a finger of blame at anyone but when you are in unfamiliar surroundings keep your head down & avoid late nights & booze.
The whole story is very sad,but you would have had to have been here to understand it. 6 to 1 & a half dozen of the other seems to be what happened. So,Johnsmith,living here as I do I can assure you that there is more to this than meets the eye. Firstly,late night drinking,young attractive girls,young men (his sons were not young children ) & if they were why were they out drinking late ?? all the makings of a problem as is in any big town in the U.K. Of course it is wrong for it to have taken so long & of course it is wrong for the deceased not to have been released before,but you are in another country & that is the way it is. I have every sympathy for the family & their loss & do not point a finger of blame at anyone but when you are in unfamiliar surroundings keep your head down & avoid late nights & booze. hoppy
  • Score: 0

7:51pm Thu 19 Jun 14

dvdr says...

johnmsith wrote:
Two sides? I'm sure he was no angel but lets hypothetically suggest that this man with his children and their friends had intentionally provoked this attack. Lets suggest that they started the whole thing and yes it was their fault that the situation deteriorated. The locals should have called the police and let them sort it out which would have been the actions of most people in most civilised countries. But no they set about this man and his CHILDREN with weapons and greatly out numbered them. They then pushed Mr Mallon off a balcony resulting in his death. Cowardly and disproportionate behaviour against a father and his children - dvdr are you suggesting this is ok? 3 years after 5 years worth of pain waiting for his body to be released yeah i'd be a little angry. Glad to knnow we're no the only country with pathetic sentencing.
Lets suggest this, lets suggest that. But what about facts, not hypotheses? Courts look (or try to) at facts for evidence, not possibilities or "what-ifs" or suggestions. A five-day trial with three judges beats "What-ifs" when it comes to evidence and opinions (without facts, because they were not there) of relatives. What should have happened (locals calling police) seems not to have happened and judges have to look at what did happen, not what (after the event) people with the best of intentions say should have happened. The "children", incidentally, do not seem to have been infants, but drinkers in a bar late at night. This is a classical recipe for trouble, and it happened.
[quote][p][bold]johnmsith[/bold] wrote: Two sides? I'm sure he was no angel but lets hypothetically suggest that this man with his children and their friends had intentionally provoked this attack. Lets suggest that they started the whole thing and yes it was their fault that the situation deteriorated. The locals should have called the police and let them sort it out which would have been the actions of most people in most civilised countries. But no they set about this man and his CHILDREN with weapons and greatly out numbered them. They then pushed Mr Mallon off a balcony resulting in his death. Cowardly and disproportionate behaviour against a father and his children - dvdr are you suggesting this is ok? 3 years after 5 years worth of pain waiting for his body to be released yeah i'd be a little angry. Glad to knnow we're no the only country with pathetic sentencing.[/p][/quote]Lets suggest this, lets suggest that. But what about facts, not hypotheses? Courts look (or try to) at facts for evidence, not possibilities or "what-ifs" or suggestions. A five-day trial with three judges beats "What-ifs" when it comes to evidence and opinions (without facts, because they were not there) of relatives. What should have happened (locals calling police) seems not to have happened and judges have to look at what did happen, not what (after the event) people with the best of intentions say should have happened. The "children", incidentally, do not seem to have been infants, but drinkers in a bar late at night. This is a classical recipe for trouble, and it happened. dvdr
  • Score: 1

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