
The Canary Islands upheld the sentence of 5 years in prison for attacking a tourist on a tram.
In the Canary Islands, a court upheld a sentence of 5 years imprisonment and 26,000 euros in compensation to a tourist who was attacked on a tram.
In the Canary Islands, the High Court of Justice upheld the verdict: 5 years in prison and 26,000 euros in compensation. This money will be received by a tourist who was attacked on a tram. Of this amount, 1,000 euros will go to treatment, and 25,000 euros as compensation for moral damages.
The incident occurred in January last year, around 10:40 PM, near the Guajara stop. The man was riding the tram with his wife, and the attacker was with two friends. Suddenly, he started harassing the tourist, saying, why was he staring at him. The victim did not respond, although he was clearly unhappy with the behavior of the young men.
When the tourist got up to see what the next stop was, the attacker jumped at him and unexpectedly slashed him across the face with something sharp – from ear to mouth, on the left side. The weapon was never found. The man managed to dodge a second blow, which only tore his jacket.
After the attack, the assailant jumped out of the tram while it was stopped at the station. But he was detained a few hours later in La Laguna and sent to a pre-trial detention center, where he awaited trial.
As a result of the attack, the tourist sustained a serious injury and required medical attention and surgery. It took ten days to heal. A "J"-shaped scar remained on his face, which is considered a moderate cosmetic defect.
The attacker's lawyers tried to appeal the verdict in court, arguing that there was no direct evidence of their client's guilt. They claimed that the witnesses' testimonies differed regarding the clothes he was wearing, no one saw him attack, and no unambiguous conclusion about his guilt could be drawn from the video.
But the court rejected these arguments. The victim clearly described how, when, and who attacked him, and there was no reason to believe that he was slandering anyone. His words were confirmed by his wife. In addition, the tourist was identified during the identification procedure. Another witness, a doctor who happened to be nearby and provided first aid, also identified the attacker.
"The convicted person is clearly visible in the video recordings, they are very clear and colorful. His appearance and clothing are fully consistent with what all the witnesses describe," the court said in its decision.
Tram security guards also pointed to his guilt after reviewing surveillance footage. They recognized him because he often rode the tram.
The court also rejected the argument that the attacker was under the influence of drugs, suffered from a mental illness, and was not taking medication, so he did not remember anything about what happened.
"It has not been proven that at the time of the attack, the accused was under the influence of substances or withdrawal syndrome that prevented him from realizing what he was doing or controlling his actions," the court said in its decision.