Evidence at the Barcelona court session centers on the case against the former Barça player
The prosecution and the special prosecutor’s office presented all currently available evidence to the judges of the Third Division of the Barcelona Court this Thursday, seeking to indict the former Barça player, Daniel Alves, on allegations of raping a 23-year-old at a nightclub. The defense team, led by Cristóbal Martell, countered by focusing on the context captured by security cameras, arguing there is reason to doubt the interpretation of the footage. Martell, during the session, spoke of an early decision and noted that the court will decide in the next hours or days whether the athlete, who has been in custody since January 20, should be released.
The prosecution argued against release, emphasizing not only the seriousness of the alleged facts but also the risk of flight. The victim’s attorney, Ester García, suggested Alves could attempt to flee to Brazil, where he has substantial business interests. She stated that temporary detention should be maintained without bail, citing signs of crime and a real risk of flight, and argued that releasing him would compromise the victim’s psychological safety. The Ministry of Justice reportedly cannot permit his release while the case remains active, and Alves currently remains imprisoned (at home).
The central legal question extends beyond the facts to whether Alves poses a flight risk given his economic opportunities abroad and whether his strong ties in Spain are sufficient to ensure his presence for trial if released. This concern helped the investigating judge order continued detention. Alves has offered to wear a telematics wristband, but the prosecution questioned the effectiveness of such a measure. The court is expected to rule soon.
Martell asserted Alves’s deep roots in Spain, noting that his life centers in the country. He highlighted Alves’s registration in Spain since 2010 and his marriage to a Spanish woman. Documents were presented to show Alves owns two companies in Spain and had previously transferred a deed to a residence in Esplugues de Llobregat, where he lived with his former spouse and where his current partner resides. The lawyer pointed out Alves’s long-standing registration in Spain, and that his second wife was a model named Joana Sanz.
The defense continued to emphasize that Alves’s presence in Spain and his family ties demonstrate a strong connection to this country. The security footage from the Sutton nightclub is cited by Martell as key to their narrative that a sexual encounter occurred with the partner’s consent. He described how Alves enters a private bathroom after the complainant and two friends, and contended that the door movement contradicts the narrative of the prosecution and police sources. The defense argues that what happened in the bathroom indicates consensual activity, challenging the interpretation of the video and the subsequent charges.
According to Martell, the evidence suggests consent, while he acknowledged that the complainant testified to force and the absence of nonconsensual acts. He asserted that Alves did not ignore warnings but instead acted after the encounter began. In court, Alves reportedly revised his statement following the presentation of evidence on January 20, changing from a stance of non-engagement to acknowledging certain interactions. The defense noted that no injury was reported in the relevant area, while the DNA evidence in the complainant’s vaginal cavity was discussed by the prosecutor in the context of potential penetration.
Rooted connections and economic footprint in Spain
The special prosecutor, Ester García, pointed to Alves’s economic capacity and international reach, presenting documents showing multiple companies with significant capital as evidence of potential flight risk. The prosecution described Brazil as a place of origin and residence for Alves’s children, arguing this underscores the risk of escape. They referenced additional supporting evidence, including the analysis of the victim’s intravaginal samples and other residues attributed to Alves, as part of their case. The alleged autochthonous or foreign material is presented as part of the broader narrative of the alleged crime.
Prosecutors also cited a published recording from regional media that shows the victim distressed in the company of Alves and her companions, using the footage to argue that the encounter was not consensual. They argued that the scene, interpreted alongside witness statements, supports the claim of a sexual assault and that the defendant’s actions warrant continued detention on the grounds of risk and seriousness. The defense’s alternative measures, proposed to ensure attendance at future proceedings, were deemed insufficient by the prosecution.
Overall, the case hinges on balancing the gravity of the alleged crime, the credibility of the evidence, and the defendant’s ties to Spain against the possibility of flight. The court’s decision in the coming hours will determine whether Alves remains detained or is granted release under conditions pending trial, with ongoing scrutiny of the competing narratives and the evolving evidence.
Note: This account synthesizes information reported by multiple outlets and authorities, with attribution to the respective sources where cited.