Malaga Public Prosecutor is now asking for fines instead of prison sentences for 12 of the 15 people charged for the death of Stephen Mallon, 49, in Competa, in June 2009. The prosecutor was asking for one year each in prison for 12 of the accused, but has now changed this to €3,000 fines. One man is facing 12 years in prison for manslaughter and two others are facing four years each for grievous bodily harm.
Mr Mallon, a Bournemouth roofer – originally from Glasgow – had travelled to his holiday home in Competa with twin sons Carl and Peter to celebrate their 17th birthday.
On June 5, 2009, a fight involving at least 30 people, mostly aged between 18 and 25, broke out in bar La Estrella after a young man set upon one of the twins, who had allegedly been flirting with his ex-girlfriend.
Bottles and flowerpots were thrown and the fight turned into a riot.
During the scuffle, which Stephen reportedly attempted to break up, he fell from a five metre wall. His family says he was lifted by three men and thrown over the edge, but others say he lost his balance and fell. Despite being seriously injured, the accused continued to beat and kick him. He died in hospital on June 17, 2009.
The two boys and two of their friends were also injured, as well as a man who came to their assistance.