The Sixth Section of the Provincial Court of Las Palmas has dismissed the appeal filed by the representation of the chess player Nayra María Marrera against the judgment of the Criminal Court of Arrecife that acquitted Lorenzo Lemaur of the crime of insult of which he was accused for some publications on Facebook and a note sent through his personal email to the media in which he called her "liar" and "very bad person".
The judicial ruling of December 17, which is not final, has been appealed to the Supreme Court through an appeal in cassation.
Lemaur was the administrator of the Facebook page of Chess in Lanzarote, island delegate of chess on the island and the president of the Cachorros Sports Association. The complaint states that he used the aforementioned Facebook portal to launch accusations and insults against the plaintiff in which he even published a photograph of her on one occasion.
In one of the reported publications, Lemaur recommended to mothers and fathers of the children to whom Nayra Barrera gave chess lessons "to request a psychiatric report before putting their children in the hands of this woman" and assured "that it could be dangerous".
The representation of Barrera requested the annulment of the sentence so that the trial would be held by a different judge, alluding to the existence of an error when assessing the evidence.
The Chamber states that the allegations presented "do not show a valuation error" and defends that the valuation explained in the acquittal sentence is "objectively correct".
At the same time, the Provincial Court highlights that "some comments made by the defendant are offensive", although "they do not allow the integration of a crime of insult". Thus, it adds that although "some of the phrases" have "a certain offensive charge", "they are not manifestly denigrating" and "lack sufficient entity to consider them objectively serious".
In this sense, the Court defends that the context in which the publications occur, between professionals and chess fans and criticizing a professional, "allows excluding the malice or subjective element of the crime".
