The prosecution He has opposed the Barcelona Court provisionally releasing the former Barcelona player Daniel Alvesconsidering that the risk of escape persists and that the indications that he committed the alleged violation for which he entered prison on January 20 last.
According to sources from the public ministrythe Prosecutor’s Office has already presented its report before the Barcelona Court to oppose the release of the footballer and rejects the precautionary measures of passport withdrawal, daily appearances in court and use of a telematic bracelet that his defense proposes.
The defense insists
Alves’ defense appealed before the Court of Barcelona the order of the investigating judge to send him to pretrial detention for allegedly raping a young woman at the Sutton nightclub in Barcelona on December 30, for which the court must decide in the coming days If you release him, once you have the reports from the Prosecutor’s Office and from the private prosecution.
To date, as judicial sources have indicated to EFE, the private prosecution representing the victim has not yet presented its brief before the Barcelona Court to position itself on the appeal filed by the Brazilian player on January 30 against the order of preventive detention decreed by the investigating judge.
In that appeal, the player’s lawyer, Christopher Martellput forward several arguments to dismantle the risk of flight on which the judge who is investigating the case in the Court of Instruction number 15 of Barcelona relied to send the footballer to prison, on January 20.
The player’s defense alleged, among other reasons, that Alves voluntarily went to testify before the Mossos, that he resides with his wife in Esplugues de Llobregat (Barcelona) and that he has personal, family, social and business roots in the Catalan capital , which undermines their flight risk. He also argued that the player no longer has the “economic muscle of periodic income” that the instructor attributed to him, after the Mexican football club Pumasin which he played, terminated his contract and after the loss of other sponsorship, publicity and image contracts that he had signed with different brands.
In addition, in the brief presented before the Barcelona Court, the legal team of the former Barcelona player questioned the evidence that led the judge to send Alves to prison, mainly using the videos of the images prior to the moment in which the young woman and Alves they entered the private bathroom of a booth at the disco suttonwhere he allegedly raped her.
According to the letter, the videos show that before that moment Alves and the victim, who went to the disco with a cousin and a friend, were conversing in a “playful and festive way, surrounded by many people in an open space,” which that “far away” from the scenario of “environmental intimidation”.
Subsequently, Alves’ lawyer pointed out in the appeal, the recording denied that the footballer closed the bathroom door in which the alleged rape took place: first he is the one who enters the premises and, two minutes later, the young woman does, ” without Dani Alves clearing the way for him”.
Ministry opposes
However, the public ministry is opposed to the Barcelona Court releasing Alves, imprisoned in the prison of Brians 2 in Sant Esteve from Sesrovires (Barcelona), considering that the risk of flight does persist and that the indications that he committed the alleged violation persist.
On the other hand, the Prosecutor’s Office has opposed the appearance in the case of the state and Catalan leisure employers -Spain Nightlife and Fecasarm- as popular accusation, understanding that they have not proven a legitimate interest in it and due to the lack legal coverage.
In their letter addressed to the investigating judge in which they requested to be a party to the case, both employers defended their “very clear legitimacy” to be a popular accusation to the extent that the alleged violation occurred in a nightlife space.
The Catalan and Spanish employers defended in that letter that the popular accusation “does not act for their own interest”, but in defense of “legality” and more taking into account that in this case “they have a clear legitimate and personal interest along with the general interest existing”, as the events under investigation took place in a nightlife venue.
EFE
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