According to the Public Ministry's provisional indictment, the events occurred on August 28, 2022, around 5:00 PM. The victim was cleaning the bar's restrooms when the accused allegedly began to harass him, asking what he was looking at and if he was not going to be allowed to enter the bathroom.
The employee ignored the remarks and went to the bar to continue his work and attend to other customers. At this point, the accused allegedly addressed him again, saying: "So you work here. Fucking Moroccan criminal. Working without papers. What is this Moroccan doing working here?". These statements were made in the presence of bar patrons and the victim's colleague.
The worker urged the accused to step outside the establishment to talk. Once outside, a "scuffle" ensued during which both individuals "ended up mutually assaulting each other" until they were separated by bar customers.
Following the altercation, the foreign worker did not go to the local health center, although his opponent did. The latter received treatment for two lumps on his left supraorbital region and left temple.
The Prosecutor's Office considers that the accused's expressions caused the employee "feelings of humiliation to the detriment of his dignity," both due to the "pejorative character" attributed to his national origin and the elevated tone in which they were uttered, as well as the progression of the attack from verbal to physical.
For these reasons, the accused is deemed responsible for a crime related to fundamental rights and public liberties, in conjunction with a crime against moral integrity and an ideal concurrence with a minor offense of physical mistreatment with the aggravating circumstance of discrimination.
In addition to the prison sentence and fines, the Public Ministry demands that the man be disqualified for three years and ten months from any educational, sports, or leisure-related profession, and that he be prohibited from approaching or communicating with his victim for a period of three years.
Concurrently, the Prosecutor's Office also charges the foreign national as the perpetrator of a minor offense of lesiones (bodily harm), for which it seeks a fine of 600 euros. The trial for these events is scheduled to take place next Monday in the Third Section of the Audiencia de Gipuzkoa.
