Home News The judge re-indicts Rubiales after questioning Montse Tomé

The judge re-indicts Rubiales after questioning Montse Tomé

The judge re-indicts Rubiales after questioning Montse Tomé

He judge of the National Court Francisco de JorgHe has once again proposed trying the former president of the RFEF Luis Rubiales for him non-consensual kiss to the Spanish national team player Jennifer Hermosoonce the procedure ordered by the Criminal Court consisting of taking a statement from the current women’s team coach as a witness has been carried out, Montse Tomé.

In the order to move to an abbreviated procedure, in which the investigation is concluded, the magistrate also proposes putting Rubiales, the sports director of the men’s team, on the bench, Albert Luketo the former coach of the women’s team, Jorge Vildaand the former marketing manager of the Federation Ruben Riveraby pressure on the player to agree to hold a public demonstration stating that the kiss had been consensual.

De Jorge reiterates the arguments presented in his first order to transfer to an abbreviated procedure last January – amended by the Criminal Court -, in which he considered that the kiss on the player “was not consensual and was a unilateral and surprising initiative.” of the investigated Luis Rubiales.

Once this new order is signed, the judicial body agrees to notify the Prosecutor’s Office and the accused persons so that, within a period of ten days, they may request the opening of an oral trial by formulating a document of accusation or, where appropriate, the dismissal of the prosecution. cause.

The magistrate does not specify the crimes for which he proposes to try Rubiales because, as he explains, at this moment his function is limited to appreciating that there is sufficient evidence against him, and it is the accusations who must specify for what crimes they are taking action against those investigated. .

The judge, in line with the Prosecutor’s thesis, reports in his order that Rubiales, holding the international’s head with both hands, “gave her a kiss on the lips” in a “surprising and unexpected” manner.

Jenni Hermoso “was not aware of the intention” of her superior “to kiss her on the lips nor did she give her consent,” says the judge, who maintains that the player, “bewildered and surprised” by that “unexpected kiss,” did not have time to react.

According to her story, the soccer player initially tried to downplay what happened and continue “celebrating the historic victory,” but as the hours went by “the euphoria of the victory gave way to discomfort and the feeling of having been offended.” feeling that “increased due to pressure from Rubiales and his close circle to publicly state that the kiss had been consensual.”

The magistrate makes it clear that the erotic purpose or not, or the state of euphoria and agitation derived from the victory, are elements whose consequence must be assessed in the trial.

The judge also recounts the pressures to which the soccer player was subjected, which created “a situation of anxiety and intense stress.”

Some are framed in the flight back to Spain, when, according to the judge, Rubiales tried to get Jenni Hermoso to make public statements with him to say that the kiss was consensual.

She refused, Rubiales asked his technical team for advice and asked Vilda to talk to the player’s brother to convince her. At that point, the order continues, the then coach looked for the family member and warned him that if her sister did not agree to participate in the video “it would have negative consequences for her” and “damage to her professional career.”

Already in Spain, and on behalf of Rubiales, the head of marketing of the RFEF, Rubén Rivera, asked Jenni Hermoso, “repeatedly and persistently”, to speak with the person in charge of integrity of the RFEF and insisted that she should participate in that video.

The judge reports that despite the player’s “clear refusal” and “fed up,” Rivera insisted, told her to talk to Albert Luque and, when she couldn’t, she tried through a friend to convince her.