A man accused of taking part in the kidnapping and shooting of a protected witness on the Costa del Sol has been acquitted after judges ruled there was not enough evidence to link him to the crime.

The case dates back to January 2022, when four men allegedly abducted a protected witness outside a hotel in Mijas Costa.

According to the court, the victim was forced into a Kia Ceed and driven to a property in Manilva against his will.

Once there, the kidnappers assaulted the man repeatedly while demanding €100,000.

The court heard that he was also struck with the butt of a revolver during the ordeal. He was later taken to a second location, where he was shot, with a bullet hitting his left arm.

The victim suffered a gunshot wound and nerve damage as a result of the attack.

Although he required surgery and medical treatment, he did not seek compensation as he had already received financial redress.

While the Provincial Court of Malaga accepted that the kidnapping and assault took place, it ruled that prosecutors had failed to prove the accused man’s involvement beyond reasonable doubt.

In its judgment, delivered four years after the incident, the court noted that the victim never identified the defendant as one of his attackers.

He also failed to recognise him during an identification procedure carried out during the investigation.

Judges described the witness’s testimony as extremely limited and concluded there was insufficient evidence to place the accused at the scene of the crimes.

As a result, the court found that the presumption of innocence could not be overturned.

The defendant was therefore cleared of charges relating to illegal detention and causing injury. The court also ordered that legal costs be covered by the state.

The ruling is not yet final and may still be appealed before the Criminal Chamber of the High Court of Justice of Andalusia.