The football players Santi Mina (Celtic) and David Goldar (Ibiza) have ensured that there was consent on the part of the alleged victim of a sexual assault in 2017 in Mojacar (Almería), which this Monday has seated them on the defendant’s bench in an oral hearing that will continue this Wednesday and end on Thursday.
The first session has ended after the declaration of the two accused, of the alleged victim and of two of the three foreseen witnessessince one of them has finally been renounced, according to judicial sources.
Mina and Goldar, who is only accused by the lawyer Iván Bolaño Piña, lawyer of the alleged victim, have insisted that the relationships were consensual.
It has not been possible to know directly the story of Mina and Goldar because before the start of the hearing, lawyer Bolaño Piña has demanded that the three sessions be held behind closed doors, relying on the order of protection measures for the victim, the type of crime and the “great psychological condition” of his client.
Prosecutor Miguel Blasco has not objected, but David Goldar’s defense, Manuel Ollé, has recalled that it is a fundamental right to have a public trial.
However, he has said that he understands that what will be narrated affects the “innermost sphere of the human being”, for which he has not objected to the fact that this Monday’s session was held behind closed doors in a “restricted” manner, but not the rest. Fátima Magdalena Rodríguez, Santi Mina’s lawyer, has agreed to this.
public sessions
Finally, the magistrate Társila Martínez, who presides over this court of the Third Section of the Provincial Court of Almería, has agreed to said measure, so that the rest of the sessions will be held publicly.
Once the session was over, Ollé and Rodríguez declined to make any statements, while Bolaño Piña only urged “let the court work and let justice operate”.
The Prosecutor’s Office accuses Santi Mina of sexual assault and requested the dismissal for David Goldar, although the private prosecution does accuse both of sexual assault.
The Public Ministry indicates in its brief, to which EFE has had access, that, around 4:30 a.m. on June 16, 2017, the accused took advantage of the fact that his friend David Goldar had gone with a woman to the caravan he had parked in the vicinity of a nightclub in Mojácar. With the intention of satisfying his “sexual appetite” despite histo the “manifest will to the contrary” of the alleged victimentered said caravan when the previous ones were inside, he adds.
It was then, she points out, when the accused proposed to “do something”, to which she refused, according to this accusation, which adds that Mina would have left the vehicle to enter shortly after and sexually assault her.
As a result of this alleged attack, the victim currently presents, according to the sources, severe anxious and depressive symptomatology and his daily life has been “very affected“, as he suffers from chronic post-traumatic stress disorder.
prison petition
For this reason, the Public Ministry requests a sentence of eight years in prison for a crime of sexual assault, for which it also requests a restraining order of 500 meters for ten years, as well as that the measure of supervised freedom be imposed for others. ten years to the footballer.
Although at the end of December 2019 the Investigating Court number 1 of Vera (Almería) agreed to initiate a summary for an alleged case of sexual assault against Mina and Goldar, the latter has finally been charged solely for the private accusation.
As the victim’s lawyer, Iván Bolaño Piña, told EFE, the accusation in Goldar’s case is based mainly on the fact that he, “having been able to avoid the action, At no point did he do anything to prevent sexual assault”, for which it is considered that he was a necessary collaborator of Mina.
For this reason, the private prosecution requests nine and a half years in prison for both, in addition to the rest of the accessory measures already requested by the Public Ministry, such as restraining orders or the measure of probation for ten years after the sentence and compensation. economic through civil liability that is set judicially.
Santi Mina and David Goldar have arrived at the headquarters of the Provincial Court of Almería after 09:30 am, half an hour before the scheduled start of the oral hearing. They have appeared on board the same vehicle and have descended together with their lawyersboth with their faces covered with a mask and hurriedly walk until they reach the front door.
In its provisional qualification brief, the private prosecution requested that the trial be held “without the presence of the public or the media” in order to preserve the “right to privacy” of the victim.
Prosecutor’s brief
For its part, the Prosecutor’s Office, which has only filed an accusation against the Celta player, already announced in its letter submitted to the Investigating Court 1 of Vera (Almería) that it would agree, in the event that the injured party requested it, with that, at least his statement, be held behind closed doors to avoid the violation of his privacy”.
The Public Ministry also requested the accompaniment in trial for the victim by officials of the Victim Assistance Service of Andalusia (SAVA), that his appearance could be held by videoconference “if requested” or by “some other system” capable of “avoiding physical confrontation” with the defendants.
The second session will take place on March 30 and they are expected to testify as witnesses. five Civil Guard agents and three private detectives. This day three other people will also testify as experts.
In the third session, set for March 31, seven other people will testify as experts. Then the parties will present their final reports and the trial will be seen for sentencing.
The soccer player Santi Mina faces a request from the Public Ministry for eight years in prison as the alleged perpetrator of a crime of sexual assault under articles 178 and 179 of the Penal Code. For David Goldar requested dismissal, but not the private accusationfor which he is summoned to trial as a witness.
Apart from the prison sentence, the prosecutor is interested in imposing a probation measure for a period of ten years and prohibiting him from approaching the victim at a distance of less than 500 meters or communicating with her for the same period of time.
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For its part, the private accusation interests both defendants in sentences of nine years and six months in prison; Mina is pointed out as the alleged main author while Goldar is accused as “cooperator necessary”.
Remarks to weigh the prison sentence requested the “violence” and “intimidation” exerted given location in which the presumed aggression took place, the belonging and the physical superiority of both.