No prosecution against man who pummelled a sunfish to death on Almeria beach
The case drew widespread condemnation from shocked public appalled by the unnecessary cruelty towards a harmless fish
The Public Prosecutor's Office has decided to file a complaint made against the man who killed a sunfish in Almería because 'the prosecutor can see no crime being committed'.
The incident occurred in Roquetas de Mar, Almería, Spain during August and involved a harmless sunfish (Mola Mola known as the ocean sunfish or common Mola) which is a huge, bony fish with large pectoral fins and a flattened body; in all truth they look like a fish head with no body and a tail stuck on the end. They are completely harmless and it’s a real privilege to see one in the water.
In this case, a large sunfish was visible for several days off the shores of Roquetas del Mar. These fish are often mistaken for sharks as their dorsal fin sticks up in the air when they are near to the shore, although the fish is very obviously not a shark.
Beachgoers, however, were un-nerved by its presence and frequently ran out of the water screaming shark when they saw it.
After a few days a beach vendor decided that he’d had enough and that the fish was affecting trade, so he waded into the water, pulled the poor fish out to the shoreline, pummelled it and held it down by sitting on it and thumping it on the shoreline until he’d asphyxiated it.
Astonishingly, nobody present intervened in this brutal act of completely un-necessary cruelty, although somebody did manage to call the Guardia Civíl, but by the time they arrived, the fish was already dead.
The video is shocking and the Ed. took the decision not to publish the story at the time as she was so offended by the video, but is now even more offended as the Public Prosecutor has decided that the individual concerned did not actually commit a crime and no prosecution will be brought against him.
La incultura, el miedo infundado y la falta de sensibilidad son terriblemente peligrosos. Aunque hubiera sido un tiburón, es injustificable semejante actitud. 🤬 Se trata de un Pez Luna, sp amenazada. Para quién no quiera vida en el mar, tiene piscinas. 🤬 #DivulgaciónCientífica https://t.co/sNbmYZocNv
— Evelyn Segura (@maresdeevelyn) August 8, 2020
After reviewing the complaint filed by Equinac, and the police reports, the Almería Provincial Prosecutor's Office concluded that the conduct of the swimmer who confessed to the events is "reprehensible in many areas", but "not criminally", so has decided to archive the complaint .
The Almería Prosecutor's Office mentions in its resolution the report sent by the Seprona natural protection division of the Civil Guard, which indicates that the sunfish "is not a protected species whose fishing is expressly prohibited by specific regulations”.
The resolution also states that the area in which this marine specimen swam, the Aguadulce coastline," is not subject to a special hunting regime, " and the Prosecutor's Office also argues that the sunfish is not "a domestic or tamed animal.
Because of this, it is not possible to frame the behavior of the accused in any criminal offense", he concludes.
