Barcelona (EFE) a young woman in a disco.
At 10:00 in the morning, the appeal hearing will begin in the third section of the Hearing, which, after listening to the parties, must decide whether to keep the footballer in provisional prison or, as his defense proposes, allow him to remain free while the court investigates the rape complaint and resolves whether to send it to trial.
Alves remains in provisional prison, without bail, since January 20 by order of the head of the Barcelona investigating court number 15, who estimated that the risk of the footballer fleeing is high, due to the financial resources available to him and because there are no extradition agreements between Brazil, his country of origin, and Spain.
The magistrate also considered that there is sufficient evidence to confirm the version of the victim, who denounced the Mossos d’Esquadra that the footballer had raped her inside the private bathroom of a private bathroom at the Sutton nightclub in Barcelona, last night December 30.
Alves’s defense, exercised by the criminal Cristóbal Martell, presented an appeal on January 31 in which he asks the Barcelona Court to release the footballer, who in exchange offers to hand over his passport, carry a telematic bracelet, pay the bail that is necessary and appear, even daily, in court.
The appeal rules out the risk of flight that the judge relied on to send Alves to prison, arguing that he no longer has the “economic muscle” he had -the footballer explained that he received between 30,000 and 50,000 euros a month-, after having been fired from the Mexican Pumas and having been suspended several advertising contracts with different brands.
On the contrary, both the Prosecutor’s Office and the private prosecution exercised by the victim request the Court to keep the defendant in jail, considering that the risk of escape that motivated the investigating judge to agree to his imprisonment persists and that they remain the incriminating evidence.
Ester García, the complainant’s lawyer, used in her appeal the high economic capacity of the person investigated, for which she attached documentation related to the Brazilian companies linked to the footballer, in addition to the companies he manages in Spain.
In her opposition to the appeal, the lawyer also stresses that the investigation of the case is being carried out “agilely and without any delay”, without the circumstances that led to her imprisonment having changed in any way, and that the measure It is necessary to guarantee your presence throughout the procedure.
The soccer player will not be present at the hearing of the appeal, who remains an inmate in a module of the Brians 2 prison in Sant Esteve Sesrovires (Barcelona) to which the majority of sexual offenders in the penitentiary center are assigned.