The Prosecutor's Office in the Balearics has written to the Provincial Court in Palma in requesting the retrial of 83-year-old Pau Rigo for the fatal shooting of Mauricio Escobar in Porreres in February 2018.
The basis of the request is that the jury found him guilty of one of five options by a vote of five to four. These options ranged from acquittal for legitimate defence to intentional homicide. The jury established that Pau Rigo was guilty of having caused the death of Mauricio Escobar while being subjected to a real, serious and imminent threat, which produced a serious impairment of his judgement.
However, a majority verdict requires seven of nine votes. The presiding judge could have returned the verdict to the jury so that they could have prolonged their deliberation. But the verdict was accepted. The Prosecutor's Office argues that it is not valid.
Sentence has yet to be passed - the demand was for three years and nine months. The judge will now have to decide what she does with the verdict, either accepting that it is null and void or finding a way to maintain the jury's decision.
Since the verdict was given last week, a Facebook page has been created in calling for Pau Rigo's freedom. Porreres town hall has called on the judicial authorities to take measures to ensure that he doesn't go to prison.
The ruling Partido Popular in the Balearics has noted that there are pardons for cases such as this. The PP's Marga Durán said on Monday that the party respects the justice system and judicial decisions, but added that the PP electoral manifesto claims the right of defence of private property.