A British tourist who entered a woman’s home in a popular Spanish resort has been found not guilty of trespassing after blaming it on extreme diarrhoea. The 55-year-old from Manchester told the trial that he made a dash for the toilet after entering the apartment in Malaga. The woman’s apartment was located near the town center where he had been enjoying a night out with friends before being taken ill. The businessman was unable to reach the toilet in time and soiled his trousers, before taking a shower and rummaging through the woman’s belongings to find clothes. But after the homeowner realized someone was in her home “without her consent”, she locked him inside before calling the police, the 11th Malaga Court heard.
Prosecutors had demanded a one-year jail sentence and a 500 euro (£427) fine for the home invasion in October 2021, but the man was yesterday cleared of the charge of breaking and entering.
The unnamed Briton’s lawyer, Juan Carlos Alcazar, claimed it had been a simple misunderstanding.
He explained that his client had asked the homeowner, who does not speak English, for permission to use the toilet and thought she had granted it.
She had briefly left her apartment on Calle Beatas to tell off a group of rowdy passers-by when the Briton asked to use the loo, he claimed.
Then while he was in the bathroom she locked the apartment door and refused to let him out until the police arrived.
A jury accepted his explanation at the hearing and found him not guilty.
His lawyer Mr Alcazar said: “He is a gentleman who has been congratulated on numerous occasions by the British Government for his contributions to charitable causes.”