The footballer Dani Alves was not even fifteen minutes in the courtroom of the court of inquiry number 15 of Barcelona yesterday. Enough to refuse his right to testify again and to state to the magistrate that despite the fact that he does not agree with the account of the facts set forth in the prosecution order, and that he is sent to trial for a crime of rape with access carnal, he will not file an appeal because his intention is to hold a trial in which he trusts as soon as possible. He hopes that it can be celebrated before the end of the year.
The judge, who for the last six months has led the investigation into an alleged sexual assault on the morning of December 31 in a bathroom in the reservation of the Sutton nightclub, signed the prosecution order on Thursday of last week. A letter that concludes the investigation and that concludes by sending the accused to the bench. Alves has been in provisional prison since January 20, accused of a very serious crime for which he could be sentenced to up to 12 years in prison.
The appointment at the Ciutat de la Justícia de l'Hospitalet de Llobregat was a simple procedure that caused, like everything to do with this case, enormous media anticipation. The player was released from Brians 2, where he is in an individual cell in a module for sex offenders who are already serving a sentence, and driven in a Mossos d'Esquadra van to the dungeons of the judicial headquarters.
The magistrate asked him if he needed to read the prosecution order, but the Brazilian replied that it was not necessary because he knew her through her lawyer. He asked him if he wanted to add anything to his last statement, an option that Alves also declined and when asked if he agreed with the indictment, the footballer warned that he disagreed with the account of facts that the magistrate raises, but that he would not file an appeal in order not to waste time and be able to hold the trial as soon as possible.
The contract will be finalized in a couple of working days. And from this moment, but already in September, the case will fall by distribution in one of the rooms of the Barcelona Court.
The court that has to issue a sentence will hand over to the prosecutor and the private prosecution, carried out by lawyer Ester García on behalf of the victim, to present their charges. Then it will be the turn of the defense of Alves, represented by the lawyer Cristóbal Martell, who will present his arguments. Then, the three magistrates in the room will indicate the day of the trial.
Martell went to court accompanied by the lawyer and friend of the player, Miraida Puente Wilson, as well as Bruno Brasil, the friend of the defendant who visits him every week in prison and manages his issues from the outside.
The judge gives total credibility to the complainant's version. It states that Alves convinced the victim to go together to a bathroom in the reserved area of the nightclub and, once there, he forcibly lifted her dress, made her sit on top of him and pushed her to the floor in an attempt to fellatio on him. The young woman refused.
The young woman's rejection "enraged the footballer", adds the magistrate. This caused him to slap him "several times in the face". He then put her on her back, rubbed his penis against her body and penetrated her "violently".
The footballer's version differs, and although at first he explained three different versions of what happened, finally in April he requested to testify again before the judge to ensure that the sexual relations were consented to and desired by both and he justified his previous version changes by his interest in "saving" his marriage. In any case, this last version also did not convince the magistrate, who has kept him in prison and will continue there until the day of the trial.
