Builder Gary Dunne, 22, was attacked and stabbed to death in the street in the popular resort of Benalmadena on March 2, 2006, for no apparent reason.
Yesterday, a Spanish jury found 24-year-old Victor Navas guilty of homicide.
But they accepted the killer’s drug problem as an extenuating factor in the case.
During the four-day trial at Malaga provincial criminal court, Navas admitted stabbing Mr Dunne, who had lived with his parents at Benalmadena for four years.
But he said he could not remember doing so because that night he had consumed cocaine, designer drugs, hashish and alcohol.He also told the nine-man jury he had been a drug addict since the age of 13.When the trial started, the state prosecutor demanded Navas should be jailed for 14 years for homicide.But following his statement about his drug problem, the prosecutor reached agreement with the defence to lower his demand to nine years’ imprisonment because of temporary diminished responsibility.Returning their verdict of guilty to homicide yesterday, the jury foreman said they accepted Navas’s drug addiction was an extenuating circumstance.
The presiding judge will release a written sentence within the next two weeks.
Mr Dunne’s parents Lesley and Stephen are also fighting a long-standing battle against the Spanish authorities to bring their son’s body home.For two years, they have been prevented from bringing his body back to Merseyside for burial.
The Spanish authorities claim that for hygiene reasons, Mr Dunne must be cremated. They would then allow his ashes to be taken home.He remains in a concrete box in the resort of Benalmadena
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