Ines Guardiola, footballer's lawyer Daniel Alveshas asked the Barcelona hearing to annul the case for sexual assault, concluding that his rights have been violated because he was investigated for a month “behind his back” and has endured the “parallel trial” of public opinion.
It may be of interest to you: Dani Alves, cornered: this will be his trial for sexual abuse against a young woman in Spain)
In the processing of preliminary issues that began the trial, the defense of Alveswho has requested that the footballer testify last, has focused his allegations on detailing the string of fundamental rights that he considers have been violated in the case, among them the presumption of innocence and a trial with all guarantees.
The court that tries the former player of the Barça Dani Alves has allowed him to testify at the end of the trial (Wednesday), while he has rejected the allegations of violation of rights raised by his lawyer: “the accused was assisted by his defense from the first moment.”
Dani Alves sitting in the dock moments after the trial against him began.
EFE/ Alberto Estévez
The footballer, who has been in preventive detention for a year for a crime of sexual assault, faces a request from the Prosecutor's Office for nine years in prison after being accused of raping a 23-year-old girl in the bathroom of a nightclub booth. Sutton of Barcelona the night of December 30, 2022.
The lawyer has presented before the court the circumstances of the arrest of Alves, who was arrested in his lawyer's office in Barcelona on January 20, 2023 despite the fact that, he has insisted, the Mossos d'Esquadra They had been investigating him since the night of the incident, when the victim filed the complaint against him.
(Also: Dani Alves: this is the key testimony that sinks him and condemns him to prison)
“It was an investigation behind their backs,” the lawyer complainedwho highlighted that this prevented Alves from exercising his right to the defense and, among other issues, undergo a test to prove that on the night of the events he was under the influence of alcohol.
The lawyer also believes that the judge who investigated the case violated Alves' right to defense because he was prevented from accessing the case before his arrest, the police reports and documents that were provided to him when he was already in the cell after his arrest were mutilated and his defense was given barely two hours to prepare his statement in the court of guard.
“He never had the opportunity to defend himself effectively during the investigation,” The lawyer highlighted that she also denounced that a second medical examination of the victim was not authorized, as they had requested.
The lawyer has insisted that in this case the presumption of innocence of Alves because he has been subjected to a “parallel trial”, through a “media campaign” and a “tendentious submission”, with a “constant and incessant” drip of information to present him as a “sexual aggressor”, causing the “social conviction” of that he is guilty.
The trial against Dani Alves for sexual assault begins in the Barcelona Court.
EFE/ Alberto Estévez
This parallel judgment includes presumptions about her financial capacity, which according to the lawyer is not as comfortable as the press proclaims, but, on the contrary, Alves suffers a “stifled economic situation”: He has a debt of half a million euros with the Treasury, an embargo of 150,000 and his bank balance is 70,000 euros.
Guardiola has also pointed out that the investigating judge has been “contaminated” by the media and there has been a “flagrant” violation of the rights of defense, which is why he believes that Alves has not had a “fair” or “consistent” process. all guarantees”.
(Also: Dani Alves Case: when will the sentence the footballer receive be known?)
He has also requested that the court's decision that the recording of the victim's statement in the trial – the only procedure behind closed doors – be done with her distorted voice and pixelated image be revoked, since he understands that this puts at risk risk “essential diligence” in the face of possible appeals, given that the complainant must be heard “clearly.”
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