A Benidorm court recently cleared four defendants of charges tied to robberies targeting tourists in entertainment districts. The acquittal came after the court examined the evidence gathered during an investigation that included police efforts to intercept calls at the crime scene. The case involved an organized group that was alleged to operate in connection with drug trafficking networks, but the material from wiretaps suggested only that the suspects had stolen mobile phones from visitors and attacked some residences. Benidorm Criminal Court Number 2 ruled that the police suspicions did not justify the hacking of phones and that the wiretaps did not establish lawful grounds for the surveillance. The judge described the phone hacking as a test case and noted that the evidence did not meet the threshold for criminal activity. As a result, the court canceled the entire investigation and acquitted the four defendants. The ruling is not final and may be appealed to the Alicante Court, according to the defense and public records.
The prosecution had sought prison terms ranging from one year to nine years, with an additional four and a half years, depending on each defendant’s role and attendance at the hearing. The charges included violent theft, theft, burglary, and receiving stolen goods. In the end, the Ministry of Public Affairs asked that a conviction be substituted with a conviction that could include expulsion from the country and a ten-year re-entry ban. One defendant had already been expelled from Spain before the trial, while others faced months in precautionary detention. Pursuant to the acquittal, some sought compensation for what they described as unlawful detention.
The alleged robberies occurred in Benidorm between May and July 2009, a period during which cell phone activity linked to one of the defendants was monitored. Prosecutors argued that all defendants were involved in thefts within the city’s entertainment zones and that these crimes formed part of their modus operandi. The ministry accused them of stealing eight high-value mobile devices. In some cases, thefts appeared opportunistic, taking advantage of crowds, and when confronted, the suspects allegedly did not hesitate to confront victims. A British tourist reported a painful incident when a tendon was ruptured during a struggle as he tried to recover his wallet. The defendants were also charged with possessing stolen phones and entering hotel rooms by force.
Authorities disrupt a long-running mobile phone theft ring in Benidorm
Additional testimony indicated that the police report was used to request phone surveillance, a point the court deemed improper. The decision noted that the criminal acts under investigation and the related surveillance did not justify the wiretaps. During the hearing, the president of UDYCO in Alicante stated that undisclosed sources had warned that two brothers involved in organized crime and drug trafficking had settled in Benidorm and were being monitored. Given concerns about the detainees’ behavior, the police sought permission to wiretap on suspicion of criminal activity. The ruling concluded that there was insufficient real evidence to sustain the initial suspicions or to justify ongoing investigations into the specific acts.