The Prosecutor’s Office has resorted to the sentence for sexual aggression against the former president of the Royal Spanish Football Federation (RFEF) Luis Rubiales and claims that the trial is annulled and repeated again to include new evidence that can increase the conviction for the unseee kiss to the player Jennifer Hermoso and prove the crime of coercion for which he was acquitted.
The Prosecutor’s Office asked for Rubiales for two and a half years in prison for a crime of sexual aggression and another of coercion for the kiss to Hermoso during the World Cup celebration in Sidney in 2023. However, the judge only condemned the former president of the RFEF to an economic fine of 10,800 euros.
In her appeal, the lieutenant prosecutor Marta Durántez claims that the trial is repeated to admit the “unduly denied” evidence, and allow it to ask the questions that were, in his opinion, “unduly unadvantaged repeatedly during the view.”
Throughout the hearing, the head of the Central Criminal Court of the National Court He had several clashes with the prosecutor for the attempt to introduce questions in the view that in their opinion were inadmissible in the object of the case.
The representative of the Fiscal Ministry alleges “defenseless and arbitrariness” in the sentence and therefore asks for a new one in which the facts submitted to prosecution are appreciated, “considering all means of evidence admitted and practiced.”
In addition, in his appeal before the Criminal Chamber of the National Court, Judge José Manuel Fernández Prieto and celebrates a new trial “by another non -vitiated magistrate, at least, of appearance of partiality”.
Durantez also asks in his appeal to review the acquittal of the other three defendants of the crime of coercion and the former director Jorge Vilda is condemned and the two former director of the RFEF Albert Luque and Rubén Rivera a year and a half in jail.
The prosecutor also opposes the civil liability set for beautiful 3,000 euros, considers it “insufficient” and understands that the judge has not taken into account “the concrete circumstances of the case.”
The prosecutor criticizes that the judge, in his sentence, does not take into account several fundamental issues, “as if such evidence had not existed, because he does not refer to them, he does not value them, neither in one sense nor in another, because he does not refer to them.”
Durantez argues that the magistrate shows an “absolute contempt, systematically inadmitting questions”, which in his view shows a “kind of lack of appearance of impartiality in the terms that the European Court of Human Rights itself (ECHR) proclaims.”
Among the evidence that, in his opinion, does not take into account is the statement of the Spanish Spanish football coach, Montse Tomé. For the prosecutor, it is an “non -valued testimony, completely obvious in the sentence, we do not know the assessment made by the judge of the reasons adduced by the witness of the reason did not summon the player after the events that occurred in the imposition of medals in the Women 2023 ”.
Hard accusations against the judge
In his appeal, Durantez directly accuses the judge of lack of impartiality and has reflected the “repeated form an irrespectful tone with the accusations and specifically with the prosecutor, making impossible the development of his function as a public accusation.”
In addition, he considers that he consented to an attitude on the part of the defenses and the defendants (who held a place in stages next to their lawyers) “of continuous conversation between one and the other, in addition to laughing and several fate, which made the interrogation on numerous occasions the interrogation for the accusations of the witnesses, including that of the victim herself.”
Finally, it shows that she herself had to “withstand, given the lack of warning regarding the judge manifestations by the defenses of Jorge Vilda and Andrés Rivera during her reports, which clearly exceeds the right of defense, such as attributing to the accusations (with special mention to the prosecutor) the use of a criminal authority of author (typical of the Nazi German) Criminal Franco) ”.
In addition, Durantez denounces that at the end of the trial and when the recording had already concluded, “those present were witnesses of an unpublished fact, never seen in the 26 years of professional career of this prosecutor, and that it caused narcotics at least to the accusations, and that is that the defendants went to greet the judge shaking hands.”
#prosecution #asks #nullity #Rubiales #sentence #kiss #Jenni #Hermoso
