Costa del Sol
Sentence confirmed for Irishman whose wife fell to her death from a Marbella hotel balcony
By m.p. - Nov 18, 2009 - 10:01 AM
email this article
EFE archive
The Supreme Court has rejected his appeal against the sentence of negligent homicide
The Supreme Court has confirmed the Málaga provincial court’s verdict in the death in Marbella in February 2000 of a woman who fell to her death from a hotel balcony. The victim’s Irish husband was found guilty of negligent homicide at his trial and Spain’s highest court has now confirmed that ruling after refusing to admit for consideration the appeal placed by his lawyers.
The sentence was previously confirmed by the Andalucía High Court some months ago.
It happened on 11th February 2000, the day, Diario Sur notes, that the couple, 39 year old Michael Dermot McArdle, from Dundalk, and his wife Kelly-Anne, had arrived in Marbella with their 3 year old son. The jury in the case agreed that the victim fell from the balcony during a row with her husband, and considered that he had no intention of killing her and had, in fact, tried to stop her from falling.
The Andalucía High Court however said when it confirmed the lower court’s ruling that the accused had failed to observe the most fundamental duty of care which any person should observe in such a dangerous situation.