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The Italian appeals court confirmed the sentence in the second instance of Robinho, Santos forward, and his friend Ricardo Falco to nine years in prison for the gang rape of an Albanian girl in the early morning of January 22 to 23, 2013 a nightclub. from Milan called Sio Café – at that time, the Brazilian was playing for Milan.
The player’s defense lowered his head and said he will file an appeal with the Court of Cassation, the third Italian court.
“[Foi] A well done investigation, seriously, with a correct first degree sentence. Professionally, I am very satisfied, especially for the victim, “said Cuno Tarfusser, prosecutor who acted in the case in second instance.
The Brazilian was represented by Italian lawyers Alexander Guttieres and Franco Moretti; it was the latter who spoke at the hearing. Also present was the Brazilian lawyer Marisa Alijia, who it prohibited Italian lawyers from speaking to the Brazilian press.
Robinho’s defense presented a 65-page appeal, 19 annexes and 4 different technical consultancies. The defense tried to dismantle the sentence that sentenced Robinho in the first instance. Moretti said there was no evidence that the victim was psychologically and physically inferior. For Robinho’s defense, it is impossible to prove that, between 30 and 50 minutes, six people committed a sexual act without the girl’s consent.
They also appealed to the fact that the translations of the conversations intercepted by the police, the main evidence in the file, had been made incorrectly. For the defense, the transcript of the interceptions does not prove that Robinho had complete sexual relations with the victim, but “only” orally.
Robinho’s second trial courtroom
Image: Janaina Cesar / UOL
Defense presented a file on the life of the victim
Some photos found in HD were also presented where a technical expertise was carried out to show that Robinho was with friends that night. Finally, the Brazilian’s lawyers released a dossier on the victim’s personal life, with photos recovered from the girl’s social media profiles to try to demonstrate her familiarity with alcohol.
Among the 42 photos attached to the file, in nine of them there was a glass; however, only one showed the woman with a glass in her hand, sipping a drink that looked like a trickle, very common in Italy.
Prosecutor Cuno Tarfusser said that the facts are indisputable: that three girls went to a nightclub in Milan, that when they arrived they joined the Brazilians, that the girl certainly drank, that two of them left the place and the victim was left alone; that between 40 and 50 minutes the Brazilians had sexual relations with this girl and that this relationship happened in the club’s dressing room.
Prosecutor Cuno Tarfusser, attorney for the victim, Jacopo Gnocchi, and victim
Image: Janaina Cesar / UOL
Ricardo Falco’s defense adhered to what he had already presented in writing and spoke for about ten minutes. Jacopo Gnocchi, the victim’s lawyer, requested that the court confirm the conviction, which happened later.
After two hours of hearing, the appeals court withdrew from the Council Chamber to analyze the case and then returned with the decision to confirm the conviction of the Brazilians.
Understand the case
According to the first instance sentence and now confirmed as second, Robinho, Falco and four other Brazilians participated in the gang rape at Sio Café, that night the victim celebrated her 23rd birthday.
Although the first conviction took place in 2017, the case came to light in October when the “Globoesporte.com” website published excerpts of conversations intercepted by the police, in which Robinho and his friends pay little attention to the victim.
“I laugh because I don’t care, the woman was completely drunk, she doesn’t even know what happened,” the player wrote in one of the conversations.
As Robinho and Falco were in Italy at the time of the investigations, they were listened to and notified that they would be prosecuted. The other four allegedly involved in the crime could not be notified because they were not in Italy at the time of the investigation.
However, Jairo Chagas, a musician who played the night of the crime in the Milanese nightclub, was denounced for false testimony, as he would have given false information to the authorities. His hearing is scheduled for March 14, 2021, and the prosecutor responsible for the accusation is Stefano Ammendola, the same one who denounced Robinho in the first instance.
According to the first degree sentence that convicted the player, “there are no contradictions from witnesses or confusing statements in telephone conversations. The only contrasting statement was that of the musician Jairo Chagas who, during his testimony, on September 28, 2017, denied having attended to the crime, although he admitted otherwise in the intercepted conversation ”.
Robinho said he’s innocent
In an interview with sports In October, Robinho claimed that he did not sexually abuse the young Albanian and that he hoped to prove his innocence at the second instance trial.
“A girl approached me, we began to have contact with her consent and mine as well. We stayed there for a few minutes. We touched. Then, I left home,” said the player, who had his contract with Santos. suspended after pressure from sponsors and part of the crowd.
“My friends told me the other day that, with the girl’s consent, they were staying with her, they had sex because she wanted to. And that they left that club together with the same girl and went to another club. That’s what they told me. “
