The Itlian Court of Appeal confirmed the second instance conviction of Robinho, Santos striker, and his friend Ricardo Falco to nine years in prison for the gang rape of an Albanian girl in the early hours of January 22-23, 2013, in a nightclub from Milan called Sio Cafรฉ - at the time, the Brazilian played for Milan .
The defense of the player left his head down and said that he will file an appeal with the Court of Cassation, the third Italian court.
"[It was] a well-done investigation, seriously, with a correct first-degree sentence. Professionally, I am very satisfied, especially for the victim," said Cuno Tarfusser, a prosecutor who served in the case at the 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 banned Italian lawyers from speaking to the Brazilian press.
Robinho's defense presented a 65-page resource , 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 in a condition of psychological and physical inferiority.
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 translations of conversations intercepted by the police, the main evidence gathered in the file, would have been done incorrectly.
For the defense, the transcription of the interceptions does not prove that Robinho has had complete sexual intercourse with the victim, but "only" orally.... -
Some photos found on a HD were also presented where a technical expertise was performed to prove that Robinho was with friends that night.
Finally, the Brazilian's lawyers released a dossier on the victim's personal life, with photos retrieved from the girl's social media profiles to try to prove her familiarity with alcohol.
Among the 42 photos attached to the dossier, in nine of them there was a glass - only one, however, showed the woman with a glass in her hand, having a drink that looked like a spritz, very common in Italy.
Prosecutor Cuno Tarfusser said the facts are indisputable: that three girls went to a nightclub in Milan, that when they arrived they joined the Brazilia, 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 intercourse with this girl and that this relationship happened in the dressing room of the club.... -
Ricardo Falco's defense stuck to what he had already presented in writing and spoke for about ten minutes. Jacopo Gnocchi, the victim's lawyer, asked for the conviction to be confirmed by the court, which happened later.
After two hours of hearing , the appeals court withdrew from the Council Chamber to analyze the case and later returned with the decision to confirm the Brazilians' conviction....
According to the first instance sentence and now confirmed in second, Robinho, Falco and four other Brazilians participated in the collective rape at Sio Cafรฉ. That night, the victim celebrated his 23rd birthday.
Although the first conviction took place in 2017, the case surfaced in October when the website "Globoesporte.com" published excerpts from conversations intercepted by the police, in which Robinho and friends pay little attention to the victim.
"I'm laughing because I don't care, the woman was completely drunk, she doesn't even know what happened," wrote the player in one of the conversations. As Robinho and Falco were in Italy at the time of the investigations,
However, Jairo Chagas, a musician who played the night of the crime at the Milanese nightclub, was denounced for false testimony, as he would have given untrue information to the authorities.
His hearing is scheduled for March 14, 2021, and the prosecutor responsible for the prosecution is Stefano Ammendola, the same person who denounced Robinho in the first instance.
According to the first-degree sentence that condemned the player, "there are no contradictions of witnesses or confused statements in telephone conversations.
The only contrasting statement was that of musician Jairo Chagas who, during his testimony, on September 28, 2017, denied having attended the crime, although he admitted the opposite in intercepted conversation
". Robinho said he is innocent In an interview with UOL Esporte in October, Robinho stated that he did not sexually abuse the young Albanian woman and that he hoped to prove his innocence in the second instance trial.
"A girl approached me, we started to have contact with her consent and mine too. 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 stayed with her, had sex with her because she wanted to.
And that they leAnd that they left that club together with the same girl and went to another club. That's what they told me. "...
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