David Anthony Penny - Spain

July 07

David Anthony Penny is a UK citizen, who recently turned 50. He moved to the Spanish Island of Tenerife more than 25 years ago and fully embraced his new community. He married a Spanish woman, his children were born on the Island, and two years ago, he invited his mother, now 85 years old, to cut her ties to the UK and to join them on the Island so that she could enjoy her twilight years in close proximity to her son and his family. Over the years he became a beacon of his local community, engaged in charitable work, becoming an active member of the Lions Club and well respected by Spanish citizens and British people from the Ex-Pat community alike.

So why did David come to the attention of the Spanish authorities? It is the sad story again of organised criminals, who smuggle drugs on a large scale for their own personal financial gains, (mis)using unsuspecting men and women to do parts of their dirty work without losing any sleep about the fact that they are destroying the livelihood and family life of good law-abiding citizen.

David ran a removal business for the past ten years, employing local people on the Spanish side, and specialising in shipping personal effects between the UK and Tenerife. Last year a former client, whose removal from the UK to Tenerife was organised by David’s business 2 ½ ago, approached David again with the request to arrange the shipment of a Mini Cooper from the UK to Tenerife for one of his friends. On 30 November 2007 the car was delivered by two men from Liverpool to the UK based warehouse of David’s business. The car was checked for any outer damage and whether it was empty as it is the usual procedure. The papers were all in good order and showed both an address in Liverpool as well as a delivery address in Tenerife.

On 9 December 2006 David had to fly to the UK unexpectedly to attend the funeral of an aunt. His UK business partner suggested to him using the Mini Cooper as the smallest car in the warehouse waiting to be shipped, to drive to the funeral service. David returned to Tenerife with one of his daughters on 12 December 2006. On their arrival, quite unusually, they were thoroughly searched by two police men of the National Police. This occurrence, along with a stop and search, David had received some weeks prior to this, would have rung all his alarm bells, had he any involvement in criminal activities around the importation of drugs.

On its arrival in Tenerife, the shipping container was searched and a total 20000 ecstasy tablets (the equivalent of 3 ½ kg) were found carefully hidden in one of the back seats of the Mini Cooper. David was arrested at his home on 30 December 2006 and is since then being held on remand. He is one of a total of a group of 20 people, who all have been arrested, suspected of being involved with this drugs smuggling attempt. David did not have dealings with any of them. The former client who arranged the shipment of the car is since in hiding from the police.

Concerns about Fair Trial Procedures:

• David is being held under a ‘secret summons’, where the prosecution does not need to reveal any details of their investigation to the defence until up to 10 days before the closure of the investigation. A procedure usually implemented in cases of serious organised crimes where the investigation involves phone tapings and other observation measures, now seems to be routinely used and seriously hampers the possibilities for people like David to prepare a defence
• Up to this day David has never been interviewed by the police.
• Several bail application have been refused. These decisions were based on two arguments: He will destroy evidence. If the investigating authorities would suspect any incriminating evidence, one would assume that they would have promptly searched and seized it at the time of David’s arrest, otherwise this argument is pure speculation. So far neither his home nor business had been visited let alone searched in an attempt to find evidence. The same goes for the UK side of the operation, his UK warehouse was not searched, none of his employees or his business partner was questioned by UK police in cooperation with their Spanish colleagues. He is a flight risk. This argument is equally non-convincing. Where should David flee to? All he has and what is dear to him is based in Tenerife. This is a man without any previous convictions who enjoys the great respect of his local community.

Under Spanish Law David can be held on pre trial demand for a total of two years, which may be extended by a further two years. In the meantime his family is struggling to cope, his mother is seriously suffering and his business is collapsing.

David applauds all efforts in the fight against drugs and has always been known for his strict anti drugs stance. Yet he feels that he is not being afforded the presumption of innocence and that he is one of many who might have to wait for years before coming to trial. Others are being arrested after being connected to a crime solely by association, because they know someone who might have been involved, yet efforts for further investigation seem to be minimal once somebody is being locked up.

We feel that David is very brave for giving his permission to use his real name when highlighting these concerns. He might criticise some of the malfunctions of the Spanish justice system, which in fact are confirmed by our case work again and again, yet he truly adores and respects his chosen country of residence.