The Appeals Section of the Superior Court of Justice of Catalonia He has unanimously revoked the sentence that condemned the former player From FC Barcelona, Dani Alves, 4 years and 6 months in prison for sexual aggression to a young woman at the Sutton disco in December 2022.
The sentence, which has been notified this Friday, indicates a lack of reliability in the testimony of the complainant and precise that before “Probative insufficiencies” It agrees the revocation of the sentence, an acquittal and resolving the precautionary measures adopted.
The literal conclusion of the decision is as follows: “The determining thing is that, for the reasons that we have explained in the resolution, the probative insufficiencies that have been expressed lead to the conclusion that The standard that requires the presumption of innocence has not been overcomewhat has to deploy its effects leading to the revocation of the instance judgment and to the dictation of an absolute ruling, leaving without effect the precautionary measures adopted and consequently agreeing to the return of the amounts deposited in the terms that we will say in the operative part. “
“Enter contradiction”
The sentence continues to expose its arguments: “We record that the instance judgment enters into contradictionbecause in the proven fact it seems that it places the action of throwing the complainant and the wound in the knee with the vaginal penetration, and in the foundations, it links them to the fellatio that does not assume, deactivating violence to achieve it as an harmful mechanism. Therefore, at this point it is different what the proven fact says to the assessment of the test that it makes and the conclusion to which it reaches (…) the story is inconsistent because That knee wound could occur in the small space in many ways as all forensic and medical professionals admit.
Another paragraph explains that “the instance sentence uses, in its analysis, The term credibility as a synonym for reliabilityand it is not. Credibility responds to a subjective belief, which cannot be contrasted, associated with those who give the declaration, reliability, however, affects the declaration itself.
“Vaginal penetration sequence”
As for the story of what happened, the TSJC judgment ensures that “the defensive allegation that the dactyloscopic evidence throws a result that allows the conclusion that the sexual relationship occurred in a mode not concordant to what is reported by the complainant, based on the fact that there are no vestiges in the sink and the footprints that are in the tank correspond to the palm of his right hand Looking at it head -on (Num012 image, Num011 Lofogram of Item 5, folio 950) would allow to establish a coincidence with the defendant’s explanation in relation to the sequence of vaginal penetration. “
The friend and cousin’s story
“The friend and the cousin: their statements on the environment of discomfort that were in the reserved have been totally inaccurate, they do not fit what is appreciated in the cameras that account for the 20 minutes that remained in the same speech, dancing and drinking glasses, nor does they switch with the denied conversations with each other with the complainant in the minutes later than” Dani Alves “who followed the complainant two minutes after talking to the friend and the premium and giving them the cup he had in his handnor to the friendly farewell of the cousin of the complainant and later messages with the friend of “Dani Alves.
The attention he receives after the event at the disco
“From the recording of the Mmee Tip Chamber No. Num005, it is found that she tells her that she is the victim, that she should not feel guilty, asks her questions about the facts without the complainant concrete the sexual assault and tells her, as indicated by the sentence, that they kissed, that she voluntarily entered, and this anguish, because if they seek evidence they will not believe her, and also show her concern that her name does not believe her. And he wants nothing to not want money. The friend tells her that they will believe her, as things are, and they talk about the law of “yes it is” that, if there is no, it is presumed not; Everything to disarm the reluctance of women to denounce, because he says he entered by his foot, voluntarily. He proposes the MMEE to activate protocol for the Directorate Hospital004 and that the Forensic is seen, to which he finally agrees. “
In its final balance, the sentence argues that “we conclude that the declaration that there was a Unclentless vaginal penetration is orphan of peripheral corroborationsand that the elements considered do not accredit it, there is only your statement. ”
“Very relevant valuation deficit”
“We understand that the instance sentence has very relevant valuation deficitsand that has not extreme the caution to confront the contenders that the probative activity throws. The story of the complainant who had to be exposed to greater scrutiny with the dactyloscopic or biological test, which supports the thesis sustained by defense, neutral and scientific contrast tests, as we said at the beginning, as we said at the beginning, which is affirmed in the sentence must be reviewed and verified in the second instance has not been contrasted.
#arguments #TSJC #acquit #Dani #Alves #crime #rape #speaks #reliable #witness
