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Benjamín de la Mata
Source: Facebook

Málaga businessman spent 17 days in prison for a crime he did not commit!

17-02-2012 Comments (4)

"I thought I was going crazy" said Benjamin de la Mata, Malaga businessman who spent 17 days in jail in Algeciras for a crime he did not commit is determined to claim compensation. The "Guardia Civil" found eight kilos of hashish hidden in the internal structure of his car while returning from Ceuta on a work trip. The vehicle was bought second hand on a rent a car for over 10 years and he was unaware of the drugs been hidden there. Finally, the analysis showed that the drugs had been in the car for so long that the drug had no longer the active principles of cannabis, so he was released and the case was dismissed and filed.

His daughter Paula, aged 10, was not told anything until yesterday. The same version used towards his clients and business operators. His situation was so bizarre that he did not make it public until he was released.

Lawyer costs for Benjamín de la Mata exceeded 5,000 euros. He is self-employed and basically If he doesn't work, he doesn't get paid. "My both companies (catering and water treatment) are runned by me personally and my wife does not work. If I had stayed in prison for around two or three months I would have lost my house. All of that, together with my psychological distress resulting from being locked up and the fear I've been through in there, will be claimed administratively to the Ministry of Justice".

According to legal experts, the amount of compensation depends more on the impact with the days spent in prison and the economical factors, than the moral and physical integrity of those who claim. In any case, it is imperative that the damage is demonstrable. A judgment of the Supreme in 2010 set an amount of 50,000 euros for 180 days in prison and a 59,000 euros 2007 established by 94 days in prison.

By: i-Marbella