The Prosecutor's Office of the 'Oikos case' solely sees “conjectures” within the suspicions of fixing of two First Division matches | Sports | EUROtoday

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The Oikos case, wherein a corruption plot in Spanish soccer to put bets allegedly led by former gamers Raúl Bravo and Carlos Aranda has been investigated since June 2019, continues to skinny out within the Court of First Instance and Instruction 5 Huesca the place it’s being investigated. . Prosecutor Victoria Arenere has introduced a doc wherein she requests that the investigation that remained open into the alleged fixing of two First Division matches be archived, these performed on May 18 of that 12 months, the final day of the championship, by RCF Valladolid and Valencia CF (with a closing results of 0-2) and Getafe CF and Villarreal CF (which concluded with a 2-2 draw).

The consultant of the general public ministry considers that, after nearly 5 years, the investigations have solely yielded “conjectures, hypotheses and convincing reasoning but which, it is insisted, do not prove the commission of the crime of sports corruption.” At this time, the court docket had already exonerated a number of gamers investigated for these matches from the case. The Justice of the Peace who initiated the investigations, Ángel de Pedro, already acknowledged in an order from November 2022, shortly earlier than his switch, concerning the extraordinary issue concerned in pursuing corruption in sport, even when the whole lot signifies that it existed.

The Prosecutor's Office temporary cites exactly this lament from the choose within the temporary wherein he now requests that the investigation into these two conferences be archived. “Taking the words of the instructor, we must take into account that, in the investigation and prosecution of this type of crimes, it is very difficult to have personal and direct evidence, unless there is a confession from a player or manager of a club involved. The usual thing is to have indirect or circumstantial evidence, which requires a complex intellectual process of reconstruction of a specific fact based on a collection of evidence,” he highlights. And he provides that “this reasonable and coherent inference is not sufficient or conclusive, since it is excessively open, allowing a range of alternative conclusions, neither absurd nor illogical.”

For all this, he concludes that “telephone conversations with incriminating content, the meeting between those involved, the good or bad actions of the players on the soccer field, unless it is obvious because it is extravagant or grotesque, depends on the subjectivity of the viewer.” , and it is extremely troublesome to understand or objectify; and, lastly, the actual fact of deleting chats of group gamers, won’t be sufficient to maintain an accusation for a criminal offense of sports activities corruption.”

However, he admits that in one of many matches for which he’s now requesting the file, the one between Valladolid and Valencia, there have been suspicious components, though not sufficient. “The truth is that since there is no trace of money, it is difficult to prove this corruption, in which the possible participants have been very careful not to leave a trace of the possible agreements; pacts that, on the other hand, have not been recognized by the alleged corrupt players either,” he provides. Borja Fernández, former captain of Real Valladolid, was charged with this encounter, though in September 2020 he was exonerated although the Justice of the Peace admitted that he maintained “a reasonable suspicion” of his participation within the occasions investigated.

Something related occurred in September 2022, when Judge Sara Uriel shelved the investigation into Jorge Molina, former Getafe participant, and Miguel Ángel Tena, former soccer participant and former Villarreal sports activities director. Both have been beneath suspicion for his or her alleged relationship with the alleged match-fixing of the Getafe-Villarreal match, though they have been by no means referred to as to testify and nor have been they formally charged. In the order, the choose additionally concluded that there was no “sufficient or conclusive incriminating evidence to justify the eventual opening of an oral trial against them.” After that call, the investigation into the alleged match-fixing of this match was closed and now the prosecutor is contemplating lastly shelving it.

Regarding this assembly, the Prosecutor's Office now highlights that the conversations that have been tapped on the cellphones of a few of the alleged members of the plot have been introduced beneath suspicion, wherein the necessity for Getafe to win the match was raised and that, to take action, seven Villarreal CF gamers had supposedly been provided two million euros to let themselves lose. “However, the result of a tie leads one to think that, regardless of whether the result of the match was manipulated, it was not what was sought and, most importantly, there was no modification in the betting markets that, in some way, , is what the spirit of the law tries to avoid,” emphasizes the public ministry to argue for also archiving the investigation of this party.

In a second letter, the Prosecutor's Office also asks to archive the case against Francisco Javier Atienza, Pichu, who on June 4, 2017 played with his then team, Reus Deportiu, in a match with Real Valladolid in the Second Division that ended with a 2-0 victory for the former, corresponding to the penultimate matchday of that season. The investigations indicated that a third team, SD Huesca, paid a bonus to the Catalan club's staff so that they would win the match and thus ensure the dispute of the playoff promotion to First Division that season. What is known as a third-party bonus for winning. In this case, the public ministry recalls that the Supreme Court ruling of January 2023 on the health case It decriminalizes, precisely, these payments and, therefore, reiterates “the request for dismissal with respect to this particular person beneath investigation, asserting that it’ll additionally request that the identical process be adopted with all these beneath investigation who’re beneath investigation for conduct of the identical nature.”

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https://elpais.com/deportes/2024-03-01/la-fiscalia-del-caso-oikos-solo-ve-conjeturas-en-las-sospechas-de-amanos-de-dos-partidos-de-primera.html