The perpetrator of the fire that burned more than 2,000 hectares of the Tramuntana mountain range could avoid prison

PalmThe Supreme Court (TS) has reduced the sentence of the perpetrator of one of the most virulent and destructive forest fires in the Balearic Islands, which occurred in July 2013 in the Serra de Tramuntana mountains and affected 2,347 hectares. The criminal chamber partially upheld the appeal filed by the defendant and decided to reduce his sentence from two and a half years to one year and nine months in prison for the crime of arson.

With this reduction, the defendant could avoid prison, as the sentence is less than two years, although the court has not ruled on the possibility of suspending the sentence. According to the ruling, the events occurred on July 26, 2013, on a property in Andratx. The defendant scattered barbecue remains on top of pruning debris.

The high temperature that day—reaching 38 degrees Celsius—along with the humidity and wind speed, caused the fire to spread rapidly. After a week of activity, it burned 2,347 hectares. Of these, 1,278 hectares were part of the Serra de Tramuntana mountain range, which had been declared a World Heritage Site by UNESCO just a few years earlier. The remaining burned area belonged to protected areas such as La Trapa, Cala de les Ortigues, Cala de Estellencs, and the Galatzó estate. As a result of the fire, some 750 people had to be evacuated, although no one lost their life. 4,600 trees were destroyed and had to be felled; their restoration cost 3.37 million euros. The fire also affected the Ma-10 highway, causing damage estimated at just over one million euros.

In addition to the costs borne by the various administrations, other items included €600,000 for cleaning ditches and replacing signs; €51,559 for the Mallorca Fire Department; €392,014 for the Balearic Government's firefighting resources; and €99,360 to repair the damage to the area's aquifers. As the Balearic Government recalled a few years after the event, it ended up being one of the "most virulent and devastating" forest fires in the history of the Balearic Islands.

Attention to his psychiatric condition

The defendant, according to the decision issued by the Provincial Court of the Balearic Islands, has been diagnosed with schizophrenic psychosis affecting his intellectual, volitional, and cognitive functions, and therefore had no real intention of starting the fire. The defendant's lawyer appealed this sentence, arguing not only that the principle against self-incrimination had been violated, but also that the mitigating circumstance of mental disorder should be complete, not incomplete. The Supreme Court, after reviewing the appeal, partially upheld the defense's arguments, understanding that, although his psychiatric condition is not sufficient to exempt him from responsibility, it does need to be given greater weight. Therefore, the High Court issued a new sentence reducing the term to one year and nine months in prison, which opens the possibility that he may avoid jail time and instead pay a fine of 120 euros.