The TSJA considers that the “negotiations” on “potential financial compensation” between the legal professionals “don’t have an effect on by themselves” the “credibility” of the suffererIn this manner, the room as soon as once more rejects the protection’s declare that they be included as proofIn an order, the TSJA additionally deepens that the court docket sentence grants “credibility” to the sufferer “as a result of content material of his assertion”
The Superior Court of Justice of Andalusia (TSJA) considers that the “negotiations” about “potential monetary compensation” that occurred between the legal professionals within the Santi Mina case “don’t have an effect on by themselves” the “credibility” of the sufferer, nor have they got ” usefulness” when reviewing the sentence to 4 years in jail for sexual abuse imposed on the footballer from Vigo.
The courtroom, which as soon as once more rejects the protection’s declare that they be included as proof, considers that the content material of such “conversations” guidelines out that “the sufferer was requested for it or what she provided was to inform the reality or not misinform cash change”, which “indisputably, would have an effect on the evaluation of its credibility”.
He factors out that what the transcript offered by the protection reveals, which the non-public prosecution denies, was “merely accepting a withdrawal of the accusation” towards the footballer and concludes to dismiss the enchantment filed by the lawyer Fátima Rodríguez that he has “no utility” its admission as proof.
In an order, the TSJA additionally delves into the truth that the primary occasion sentence grants “credibility” to the sufferer “due to the content material of his assertion in distinction to these made within the investigation part and with different proof, in addition to the best way by which that the allegation of sexual abuse occurred.
“Extraneous Considerations”
He stresses that these issues are “utterly unrelated” to the truth that, through the processing of the process, “there may very well be negotiations to succeed in an settlement that would go well with each events” since, based on what he maintains, “nothing prevents” that the sufferer or accused “give higher choice to the financial, compensatory or compensatory side, over the purely punitive side.”
It provides that, within the “hypothetical” occasion that, as soon as the proof proposed by the protection is accepted, “it may very well be concluded that the sufferer, who denies it, was the one who had the initiative within the negotiations”, this is able to be “innocent to find out whether or not the court docket of the Provincial Court of Almería made an error in its evaluation”.
“Perhaps they may show that she was even prepared to misinform favor the defendant in change for cash, being glad with out the necessity for a prison conviction, however, as soon as the aforementioned negotiations failed, what should be assessed is whether or not the sufferer’s assertion is or isn’t constant, believable and corroborated with different proof no matter whether or not or not you have been prepared to vary it to acquire an financial benefit”.
The Provincial Court “didn’t think about them” in its ruling
Finally, after highlighting that extra-procedural negotiations between events “often is a truth that continues to be outdoors the partitions of the judicial choice” with out it being potential to presume that its content material “consists of related info for the prosecution”, the TSJA signifies that the court docket of the Provincial Court “He didn’t think about in any respect or point out or allude to those conversations” when basing the sentence for the sexual abuse dedicated in 2017 in Mojácar (Almería).
“There is not any anticipated utility within the documentary contribution of the conversations between the legal professionals of the events in an effort to potential financial compensation tied to a change of model by the sufferer,” he concludes. The protection of the footballer Santi Mina from Vigo filed a plea enchantment contemplating its admission as proof to “display the financial function” of the criticism since, based on the lawyer, what “is mentioned” within the Andalusian excessive court docket is “whether or not the The statements” of the sufferer “are contaminated” by the “spurious function of acquiring cash” from the present striker for Al-Shabab in Saudi Arabia, “no matter whether or not the information denounced are true or not,” he pressured.
“In such a case, as has occurred right here, the data offered by the lady isn’t dependable and her testimony lacks credibility,” he indicated to convey that this is able to imply the “acquittal” of Santi Mina as a result of absence of “prosecution proof” towards him.
Disciplinary file within the bar affiliation
The protection contributed to the room that should resolve within the second occasion on the conviction for sexual abuse of Santi Mina “crossed emails” assuring that the sufferer had “demanded, at first, 4 million euros” and, in a second try , “400,000 euros to withdraw the accusation or change its model”.
The Almería Bar Association maintains an open disciplinary file towards the footballer’s legal professionals to determine whether or not they breached their skilled duties and authorized, statutory and deontological laws of the occupation by selling conversations with the lawyer “in a biased approach” of the sufferer “protected” by skilled secrecy, which might result in disqualification and a nice.
In this regard, the Andalusian excessive court docket additionally pronounces itself in its order, because it maintains that the prohibition imposed on the protection by the collegiate physique in order that it didn’t present documentary on the negotiations between legal professionals to the Provincial Court “may very well be understood salvageable for the reason that sufferer alluded in his assertion in court docket to the existence of such conversations”.
In his opposition transient, the non-public prosecution, to show the “full veracity” of the sufferer’s testimony, connected the audio of a dialog between himself and the protection lawyer in regards to the abstract process and reproduced the transcript in full element. of the identical for the whole data of the room, which additionally rejected its admission.