With acknowledging his guilt and repentance shown publicly in the oral trial, the accusations understand that the footballers Sergi Enrich (Eibar) and Antonio Luna (Girona) have repaired the “public harm” caused to the young woman who was recorded while having sex with them in a video that went viral in October 2016.
That assumption of guilt and that regret that the players had not expressed before They have been fundamental for the Prosecutor's Office and the private prosecution to have decided to reduce the penalties from 5 to 2 years in prison they asked for Enrich and Luna.
This has been made clear in the second and last session of the trial held in San Sebastián, in which the parties presented their reports and in which Enrich and Luna again apologized to the victim, while the third defendant, Eddy Silvestre, who coincided with both at Eibar, has reiterated that he is not the author of the video broadcast.
The public repentance of the two footballers has underpinned the highly qualified mitigation of repairing the damage caused, since the 110,000 euros that the defendants had consigned to compensate the victim -10,000 more than those claimed by the accusations- would not have been enough by themselves. The victim's lawyer has indicated that the financial compensation to his client should be accompanied by a “plus intensity” so as not to be understood as “a purchase of punitive degradation”. “And here there is that plus,” he said.
The attorney for the prosecution, who has also introduced as a mitigating factor the “late confession” of the two footballers, considering that in this case “the key is not the moment of the confession, but the relevance of what is manifested.” The private prosecution has also agreed, on behalf of the victim and at the request of the defenders, to the “suspension” of the prison sentence for Enrich and Luna for not exceeding two years and taking into account the above circumstances, whate has not occurred in the case of Silvestre.
The former Eibar player has maintained during the trial that he deleted the images that Luna and Enrich sent him without actually seeing them, An argument that neither the Prosecutor's Office nor the private accusation believe, that they ask for the now Albacete footballer 2 years and one day and 3 years in prison, respectively.
The Public Ministry has opposed the application to Silvestre of the “type error” that his lawyer has requested as an alternative to acquittal, that is, his client was unaware that he was committing a crime when he passed the video on to third parties. The prosecutor has ensured that there is sufficient evidence to prove Silvestre's guilt, including that Enrich and Luna have held only him responsible and that after that “there is no spurious spirit” since they have admitted their guilt and do not obtain “any benefit” for pointing out their former partner.
He has also said that There are other “external” elements that support the accusation, such as the audios in which other teammates are heard saying that it was Silvestre, among them the former Eibar captain and current Athletic Bilbao player Dani García.
Likewise, The Prosecutor's Office has highlighted that the player had the opportunity to deliver his phone to the Court but did not do so. “The easiest thing was to hand over his mobile phone as a discharge item,” the representative of the Public Ministry stressed, after recalling that the defendant said yesterday that he did not give it up when he testified because they did not ask him.
For the lawyer for the private prosecution this fact is also remarkable: “The telephone was the infallible proof, he did not need more,” he emphasized. However, the defense has argued that it did not provide the motive “because it was not required” and that “it is up to the accusations to establish the evidence for the charge.” He has also suggested that by blaming Silvestre, his former colleagues wanted to cover up the real perpetrator.
Given the possibility that the judge considers it proven that Silvestre did disseminate the recording, he has requested that it be taken into account that he did so because he was unaware that the video had been obtained illegally and that, therefore, he did not know that he was committing a crime.
Before the conclusion of the trial, the Albacete player has taken the floor to ensure that he understands the victim, that he has also suffered “a lot” in these years. “I have not done anything, I have not disclosed anything,” he stressed.