The First Section of the Provincial Court of Las Palmas has dismissed the appeal filed by the Canarian Gallística Federation and by the Cultural and Sports Association Club Gallera de Teguise after the dismissal of the case initiated against the sergeant of the Seprona Gloria Moreno for a complaint from the cockfighters following an inspection by the Benemérita in a premises in Lanzarote.
The Hearing considers that the perpetration of the crimes that motivated the complaint had not been "duly justified" and ratified the position of the Investigating Court number 4 of Arrecife, which issued its dismissal in the first instance last May.
The reported facts stated that on February 4, April 15 and 27, and May 28, 2023, the sergeant of the Civil Guard of Las Palmas Gloria Moreno, from the Seprona Timanfaya Unit, entered the premises of the Gallera de Teguise Association "without authorization from the representative" nor with "judicial resolution" and, once there, took "unconsented images of its facilities".
Both the Public Prosecutor's Office and the procedural representation of the sergeant challenged the reopening of the case. Thus, the judicial order of the Provincial Court has accepted the arguments of the Prosecutor's Office and has stated that "despite not being protected by a judicial resolution, it was due to the investigation of a possible crime of animal abuse".
Despite this, the cockfighters insisted that in the sergeant's action there are "sufficient indications" of commission of the crimes of trespassing, falsification of an official document and prevarication, with the aggravating factors of "abuse of power and deviation of authority".
The Chamber has stated, against the argument of these associations, that the inspection of the premises took place "in the fulfillment of the functions of their position, such as collecting evidence of the possible performance of activities that could constitute a crime of animal abuse" and that their access to it was not "unjustified".
Likewise, the Provincial Court has indicated "the collaboration with the police action of the presidents of the associations" in the first inspections "without mentioning" to "an obstructive will". While in the third police report it was recorded that the presidents felt "harassed by the reiteration of police inspections", but continued to collaborate.
From those inspections "there are no indications of the commission on that date of any criminal act, although the existence of a cockfight was confirmed at the time of the police action".
In the order to dismiss the case to which La Voz has had access, it is dismissed that Gloria Moreno has committed the crimes of which she was accused in the complaint. Thus, it has dismissed the appeal and has confirmed the resolution of the Investigating Court of Arrecife, condemning the appellant party to pay the court costs.
