Judge Javier Mafucci Moore rejected the request for the arrest of soccer player Sebastián Villa, essentially on the grounds that there are inconsistencies in the evidence and because there is evidence that still needs to be collected.
The magistrate affirms that always the victim’s story is keybut internationally it has already become clear that This story must be corroborated with other elements..
In this specific case, Mafucci says that the testimony of the two doctors at Penna Hospital found the gynecological exam normal, that there was no blood loss, as one of T.’s friends affirms, that there was no 911 call referred to in the accusation and, above all, the judge states that he does not understand why the prosecutors did not seize the cell phones of Villa and the victim, which would have made it possible to geolocate the images of T.’s injuries, as well as the decisive dialogues in which the soccer player acknowledges having hurt the young woman and even, according to a brother of T., there is a recording of a negotiation for money so that the complaint is not made.
Mafucci’s ruling is 11 pages long and, in truth, the judge was expected to refer to Villa’s flight risk and the power he has to hinder the case. However, the magistrate evaluated evidence by evidence and drew the following conclusion: “In short, there is a strong suspicion both about the occurrence of the denounced act, as well as the participation of the defendant in itl. Now, even so, it is noted –going to the material that has been brought to mind to support the request– the presence of numerous inconsistencies and missing both in the collection of evidence, as well as in the argumentation, justification and motivation of the request made. , which closes the fate of that claim in the negative”.
Specifically, Mafucci weighs the following elements:
* The dramatic and detailed account of the victim.
* That two Penna doctors checked her the day after the events and did not perceive any abnormality nor did they mention a dialogue that T. says existed about sexual abuse. The doctors say that she had no injuries and the uterus was normal.
* The two policemen who went to the country Venado II say they don’t remember. But, above all, what the judge values is that there was no call to 911 as T.
* T. and a friend say that they left the country with other girls and that in the car she burst into tears and told what had happened. The judge asks why there is no testimony from those other girls.
* There is strong evidence with Villa, which are the WhatsApp chats in which the player apologizes, arguing that he had drunk too much, although he does not speak of a non-consensual relationship. The judge asks why the cell phones of Villa and the victim were not seized? That would allow a finding. Today it is not known when these dialogues are from and if they are authentic.
* More serious still: the victim presents photos of an injury to the buttocks. Mafucci asks again why the device was not seized to make an expert report and geolocate the photo, which means locating the place and time it was taken.
* T.’s brother tells that there was a negotiation, in a restaurant, for money. He recorded that dialogue but it got deleted and he’s trying to get it back from the cloud. The judge asks again why he was not given technical assistance.
Mafucci then insists that a good investigation is needed to accompany the victim’s account. It refers to international conventions in which it was concluded that the victim’s statement is key, but “it is not enough to dogmatically affirm that it is credible, but rather that sufficient reasons must be provided to justify that credibility, because that testimony does not escape the criteria of veracity and credibility whose assessment is the power of the judges”. “The value of the witness relative to the main fact is reinforced by data from a different source, referring to that fact or to some circumstance that is related to it, the verification of which confirms the veracity of what he declares”