The Court of Barcelona has authorized that a doctor designated by the defense of Dani Alves can be present at the forensic medical examination of the victim. In an order of the third section, the Court resolves an appeal presented by the footballer’s lawyers. Jailed since January 20, the ex-Barça, Brazil, PSG and Sevilla winger, among others, is accused of raping a 23-year-old girl in the toilets of the Sutton nightclub in Barcelona on December 30. Justice has knocked down on two occasions the request of his lawyers to be released from prison.
The investigating court number 15 of Barcelona, which is investigating the Alves case, agreed on January 27, 2023 that two forensic doctors prepare a report on the injuries suffered by the victim and on his psychological state and the consequences he may have suffered, determining , if applicable, if they are compatible with the facts denounced.
Initially, justice had no objection to the intervention of the psychiatric expert appointed by Alves in the examination. The victim’s lawyer and the Prosecutor’s Office, on the other hand, refused. The judge admitted the appeals and decided to nullify the possibility that the expert proposed by the footballer could be present at the forensic medical examination of the victim. The player’s lawyer alleged violation of the right to defense and stated that the “revictimization” of the complainant could occur, if applicable, if he had to expose the facts denounced for a second or third time, but in no case, when in the same act involves several professionals.
The victim is pending a report on her psychological state and the possible consequences of the alleged sexual assault to determine if they are compatible with the reported rape. This test is the one that the forensic doctor appointed by the soccer player’s lawyers can attend, according to the judicial authorization.
Two weeks ago, Alves’ defense again asked for his release. After appearing before the judge and changing his version of the facts, his lawyer, Cristóbal Martell, presented a brief in court in which he requested his release. The arguments that he used are that he has roots in Barcelona and that there is no risk of flight, unlike what the courts have maintained in the resolutions issued to date. The first, that of the investigating court that decided to place him in pretrial detention and later that of the Barcelona Court, after his lawyers appealed the imprisonment order.
The Prosecutor’s Office, before the last request for freedom, believes that he should continue in preventive detention until the trial is held. The Public Ministry considers that “the risk of escape persists.” A few days ago, Alves’ ex-wife and her two children landed in Barcelona from Brazil. They plan to stay and live in the Catalan capital, which reinforces the thesis of defending the footballer’s roots in Barcelona and tries to refute the argument of flight risk. The ex-wife and her two children visited him in jail.
2023-05-09 10:50:43
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