Yesterday many facts were revealed about what happened on the morning of June 16, 2017 in the Almeria town of Mojácar after last Monday the first session of the trial of Santi Mina and David Goldar for alleged sexual assault was behind closed doors, Today it has been possible to learn much more about the case both with the final report of the defense of the alleged victim and that of the Ibiza footballer. He has highlighted that the lawyer -and partner- of the complainant, Iván Bolaño, has denounced that the two footballers offered 400,000 euros to the alleged victim to lie in his statement at the oral hearing; Replying minutes later David Goldar’s lawyer, suggesting that the complainant previously asked them for an exponentially higher figure before the trial that is taking place this week.
All this in a long morning in which the final report of the defense of Santi Mina was not carried out, as well as the possibility of the last word of the two players. Despite the fact that the last one showed his willingness to continue this Thursday afternoon, the prosecutor, Iván Bolaño, opposed its being held first thing tomorrow morning as it was not scheduled that way, finally deciding the judge, Társila Martínez, that the hearing continues tomorrow by having “medical matters” this afternoon. A) Yes, the trial will be seen tomorrow for sentencing after the final report of the Celta striker’s lawyer, Fátima Magdalena Rodríguez, who has announced that it will last “for two hours”; in addition to the last word of both players. The sentence, for its part, will come out in a couple of weeks or within a month, and may be appealed first before the Superior Court of Justice of Andalusia and later before the Supreme Court.
The third session started with defenses withdrawing DNA evidence and with trouble with the first witnesses, two psychologists assigned to public services of the Community of Madrid and the Balearic Islands, proposed by the private prosecution and the Prosecutor’s Office: for an expert test they formally need two people due to the requirement of the summary, but with the object of the expert opinion, it was finally decided that first the psychologist from the Community of Madrid and later the one from the Balares Islands would testify by videoconference. Both confirmed that the alleged victim’s symptoms coincide with an episode of sexual violence such as the one she denounces. The first stressed that after what happened in Mojácar the woman “avoid a certain way of dressing”having “dissociative amnesia” and “Very disgusted, to the point of vomiting, getting hurt…”. The health professional explained that for the complainant “her discretion in her life has always been very important” and “that the boys she reported were public figures affected her symptoms.” She also reported that “When she has nightmares about this, she dreams that one of these two people is on top of her, chasing her or not letting her escape”. The second psychologist also asserted that “the symptomatological picture could be compatible with a sexual assault.”
“Incoherent reports” for defenses
Subsequently, and before the final arguments, two doctors proposed by the defense appeared. The doctors indicated that “the symptoms must be ‘objectified'” and that “a story alone cannot make a good diagnosis”. The doctors assured that the alleged victim “has not had psychiatric treatment”, that “it could not be said that there is post-traumatic stress simply with the reports presented” and that “some medical reports have followed a correct methodology and others have not”.
The doctors were surprised to assert that “in medicine cut and paste is used, making a report and then putting in the following ones”raising the question by the private prosecution that if it is objectifiable that the complainant vomited on her first visit to the psychologist with a “It could be because you had a bad dinner or because you drank alcohol”. Santi Mina’s defense repeated his strategy and asked the doctors if “anxiety, worry and crying are compatible with another disorder”, answering that there could be “an exaggeration of the symptoms” or “a delirium”. The doctors explained that his job has been “to make a report of the reports” and that “they were incoherent, without reflecting that these symptoms were a consequence of post-traumatic stress.”
Mina: “I don’t know why I appeared in my underpants”
After a break, the tone was raised with the final reports of the different parties, although previously both presented their final conclusions, asking the prosecutor to change in his that Mina was “with underpants” instead of “completely naked”. The private prosecution and the defense of David Goldar maintaining the provisions, while Santi Mina’s lawyer wanted to clarify that the wounds of the alleged victim were the result of rough sex between the woman and the current central defender of Ibiza.
In the final report of the Public Ministry, the Prosecutor claimed to have “a cascade of evidence, beyond the credibility or not of the victim, corroborating the elements of the victim’s statement.” Iván Bolaño emphasized that the complainant’s statement is “believable, maintained over time and without incurring any contradiction”. The Prosecutor also declared that “the victim and her friends did not know that the defendants were soccer players”, wondering about “the null benefit of that” and affirming that “there has been a loss, with a procedure with much more publicity”, without obtain “an economic benefit” in the event that this had been the intention of the complaint.
The Prosecutor asserted during his extensive dissertation that “the victim went to the vehicle where the players spent the night exclusively with David, at no time agreeing to leave with Santiago.” The last minutes of the final report of the Public Ministry revealed more after Monday’s session behind closed doors: “Is it reasonable for someone to come to your house from the street in underpants unless they go for a certain action? You don’t have to go very away to understand what he was looking for (…). It was so evident that David was having sexual relations with the victim that when he opened it they were on all fours. Any reasonably normal person would have closed the door and apologized.. Despite this scene, Santiago entered and stayed in the vehicle. In his statement he already said that he did not know why he had appeared in his underpants (…). Santiago’s excuse for staying inside the vehicle is that he went looking for a lost watch.”.
The private prosecution, for its part, explained that Santi Mina stated that “he was going to sleep”, but “he saw his friend with the victim and he went in anyway; and surprisingly he was not sleepy, but went to look for a watch”. He also blamed David Goldar “for not telling his friend to get out of the trailer.” Iván Bolaño stated that “Santiago acknowledged that he went out partying with the watch. How is the watch going to be inside the caravan? It was an excuse to get in; Finding the watch, he continued inside the caravan naked and said ‘hey, girl, I’ve liked you a lot since the caravan and I think we should do something’, the victim told him no and Santiago asked him if he had never had a threesome , the victim responding that this was none of his business and that I was sure there were plenty of girls out there who would have wanted to, but had given one who didn’t.”
The private accusation, which reiterated that David Goldar “collaborated in the attack”, emphasized that the Celta striker said “on numerous occasions and in the plural: ‘we thought it was going to flow’, which for the lawyer was proof that the attack was “premeditated”. In relation to the media impact, Iván Bolaño stressed that “the victim has not appeared publicly or before the press at any time”, also highlighting that the players “They knew perfectly well how they had to act if one of them left that night with a girl”. Finally, he referred to the aggravating circumstance of abuse of superiority and that the footballers offered “400,000 euros to the victim to come here and lie”.
In the final report of the defense of the Celta defender, the lawyer Manuel Ollé asserted that “It seems that the word of Mrs. X [se omite el nombre por respeto a la intimidad] is the word of God”wondering “what is consent” and noting that “It was the woman who asked for money and with more zeros”. David Goldar’s defense also clarified that the current Ibiza player was predisposed to collaborate from the outset, offering his telephone number to Civil Guard agents. On the other hand, the lawyer stated that “when Santiago entered the vehicle, the girl did not say ‘go’; Why didn’t the complainant tell Santiago to leave and ask David to leave? She allowed Santiago to be there “. He also referred to the fact that David Goldar “the only direct witness in the case” testified that the woman asked him for rough sex. Lastly, the lawyer assured that “one of the friends told the Civil Guard that day ‘attempted aggression’, not aggression (…)” and that another “stated ‘X. told me that neither of them forced'”, wondering whether to say “do you want to go out with me” or “will you give me a kiss?” to maintain a relationship or “if those situations flow by themselves” to answer “at least in my time it was like that…”.