Eric ‘Lucky’ Wilson, 27, allegedly shot Smith, 24, a dozen times at point blank range outside the Lounge Bar, in Riviera in June 2010.
The prosecutor at Malaga Provincial Court is calling for an 18-year prison sentence for Wilson and wants the Irishmen to pay 45,793 euros in compensation.
As first reported in the Olive Press, Smith had angered the Irishman after he stepped in to defend a female friend who had been allegedly groped by Wilson.
A fight broke out and Wilson allegedly left the bar, returning 30 minutes later with a gun.
He was arrested at his farm in Coin, less than 48 hours after the attack, and a search of the house found explosives, grenades and fake passports.
The victim’s mother Karen Wetherell, who was present in Malaga Provincial Court this week, is also bringing a separate private prosecution.
She said: “Thanks for getting in touch, but at this stage I am not willing to answer any questions.”
Her lawyer Carlos Comitre added however: “The case is very clear and there is no doubt that (he) is the murderer.
“We want to get the maximum sentence and see justice for the family.”
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