and information provided by Interpol on the record
of Michael John Hill, convicted in the United
Kingdom for theft, breaking and entry, fraud,
possession of stolen goods, forgery, traffic
violations and arson.
5.5 Concerning the appeal to annul the judgment
of the High Court filed by the Hill brothers:
“(a) Only Mr. Brian Anthony Hill
appeared at the appeal proceedings. He appointed
Mr. Gunther Rudiger Jorda as his lawyer, the same
lawyer whom he and his brother had previously
appointed and then dismissed five days before the
trial;
“5.
Impoundment of the camper in
connection with the civil liability imposed during
the pre-trial proceedings.
“6.
Order terminating the pre-trial
proceedings, issued by the court on 24 October
1985, and referral of the accused to the Provincial
High Court of Valencia. Summons of the accused,
who appointed a lawyer of their own choosing to
conduct their defence.
“(b) The two brothers submitted a
statement to the Supreme Court which was
included in their case file;
“(c) As Mr. Rudiger Jorda could not
represent the brothers in the Supreme Court, he
requested that a legal aid lawyer be assigned to
Brian Anthony Hill;
“7.
On 4 December 1985, the accused
sent a statement to a subdivision of the Provincial
High Court of Valencia, appointing Mr. Gunther
Rudiger Jorda as their lawyer.”
5.4
“(d) A legal aid lawyer was assigned,
but he did not find any grounds whatsoever to
justify the appeal;
Concerning the oral proceedings:
“(e) A second legal aid lawyer, also
appointed in accordance with article 876 of the
Code of Criminal Procedure, did not find grounds
for appeal either;
“1.
The defence lawyer chosen freely
by the accused called only one witness, the same
witness as had been produced by the Public
Prosecutor’s Office, Mr. P., the eyewitness to the
alleged crime.
“(f)
Two lawyers in succession found
that there were no legal grounds for appeal. The
proceedings were then referred to the Public
Prosecutor’s Office, to see whether it could find
grounds for appeal. The Public Prosecutor’s Office
did not find grounds for appeal either and referred
the case back;
“2.
On 22 October 1986, it was
announced that the oral proceedings would take
place on 3 November and the parties were duly
notified.
“3.
On
28
October
1986,
a
representative
of
the
defence
lawyer
communicated to the Chamber of the High Court
hearing the case that, ‘as differences had arisen
between the accused and the defence lawyer, he
was withdrawing from the case’.
“(g) An order was issued dismissing the
appeal as not properly made and granting the
appellant the right to appoint a lawyer of his
choosing in order to put the appeal into proper
legal form;
“4.
Court order for the accused to
appoint a lawyer. The Hill brothers indicated that
they wished to be assigned a legal aid lawyer.
“(h) After he had failed to do so within
the required time period, the case was filed;
“(i)
During that time, the accused had
violated the conditions of their conditional release
by abandoning the address in Spain which they had
given and fleeing the country.”
“5.
Having been assigned a legal aid
lawyer, they were informed on 31 October 1986
that the date of the trial would be 3 November
1986. Legal record of the trial on that day, in
which the Chamber hearing the case, in view of the
lack of time given to prepare the defence, agreed to
adjourn the trial and reschedule it for 17 November
1986.
5.6
Concerning the conditional release:
“On 14 July 1988, the Provincial High
Court of Valencia, with the appeal to annual the
judgment still pending, granted the Hill brothers a
conditional release without bail and ordered them
to appear on the first and fifteenth day of each
month. The accused gave the British Embassy as
their address, while they looked for an apartment.”
“6.
On 17 November 1986, oral
proceedings took place. They opened with the
defence submitting a statement by the accused on
what had occurred, which was admitted by the
Chamber; the direct opinion of the accused was
thus made known. The trial was held, using the
services of an interpreter, and the eyewitness was
examined by both the prosecution and the defence.
5.7
Concerning the remedy of amparo:
“On 16 August 1988, the Hill brothers
initiated an action for amparo before the
Constitutional Court, requesting that a legal aid
lawyer be assigned to them. After a lawyer was
appointed, the application for amparo was
submitted. On 8 May 1989, the Constitutional
Court issued a reasoned and substantiated ruling
that the action for amparo was inadmissible.”
“7.
On 20 November 1986, the
Provincial High Court of Valencia handed down its
judgment, noting that the accused did not have a
criminal record, and after examining the facts
sentenced the Hill brothers to six years and one
day in prison for the crime of arson and imposed
civil liability for the damage caused by the fire.”
43
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents