The Superior Court of Justice of Catalonia (TSJC) has rejected the request of the defense of the footballer Dani Alves that the victim is once again explored by two experts determined by the psychological sequels he suffers and if they are compatible with having suffered a violation.
In a car, which has had access EFEthe TSJC Appeals Chamber rules out that test that requested the defense of the Brazilian footballer in the appeal he presented against the sentence that sentenced him to four and a half years in jail for violating a young woman at the Sutton disco in Barcelona in December in December of 2022.
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The Chamber will decide in the coming weeks about the resources they presented against the sentence both Alves and the victim, who asked to rise the penalty imposed on the former player of FC Barcelona.
Before entering the subject, the court has ruled It allowed him to ask more than a question to the victim.
In the opinion of the Chamber, this prevented an “effective and equal weapons” intervention in psychological exploration, but practicing that test would again mean a “revictimization” of the complainant, without contributing anything new to the ruling of the sentence and compensation set for damages caused.
The TSJC has also dismissed another of the tests that the defense requested, a new technical expert on the compatibility between the fingerprints found in the Sutton bath where the events occurred and the body position that the victim said that he had during the rape.
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The magistrates argue that this evidence is documented and was not subject to debate during the trial, where the parties had the opportunity to raise the extension or details of the report on fingerprints that would be considered necessary.
The defense test that has accepted the TSJC is the incorporation of 900 news published in the media on the Alves case, a documentation with which the lawyer, Inés Guardiola, intended to demonstrate that there had been a parallel trial in this process.
They ask that the penalty imposed on Alves rises
After remembering that part of those information were already admitted by the court, the Chamber argues that this evidence is necessary to address the thesis posed by the defense in its appeal on the possible contamination of the magistrates who judged Alves by that parallel trial.
After spending more than a year in prison -of which it was on bail of one million euros -, Dani Alves was provisional in March 2024, waiting for the TSJC to solve the resources on the sentence for sexual aggression that the audience of Barcelona imposed him.
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