The Court of Seville has confirmed the acquittal of former Betis soccer player Rubén Castro, currently in Cartagena, which has already been issued by a Criminal Court after a complaint from her ex-partner for an alleged violation of the precautionary measure for which at that time she could not communicate or approach less than 300 meters from her. This sentence, provided to EFE by the Superior Court of Justice of Andalusia (TSJA) and advanced by Diario de Sevilla, resolves the appeal presented by the ex-partner of the Canarian striker to a previous ruling of the Criminal Court number 11 of the Andalusian capital in which the footballer was already acquitted of this accusation.
After the appeal of the exbetic’s ex-girlfriendthe Fourth Section of the Sevillian Court has confirmed the sentence that was already handed down last July the head of that Sevillian court, who ruled that there was not enough evidence against Rubén Castro to carry out “active and malicious conduct” of having approached his ex-girlfriend in a beach bar in Conil (Cádiz). The private prosecution, brought by the ex-partner, alleged in its appeal that there had been an “omission inconsistency” in the initial sentence, since it was limited to only one of the three alleged meetings or coincidences that both would have had on the same day in beach bars. that beach, and also requested its annulment for considering it “incoherent, arbitrary and absurd”.
Regarding the first point, the Court of Seville maintains that “the sentence does respond to the claim deduced by the accusation, questioning the reality not so much of the coincidences as that they were true interpersonal encounters, and, above all, it denies legal relevance to them, by referring them to the hypothesis of purely fortuitous and instantaneous, resolved immediately”.
Nor does it attend to the request for annulment of the acquittal issued in the first instance because, among other reasons, “this court cannot, nor should, re-evaluate the evidence that was practiced before the lower court (statements of the complainant, witnesses and defendant) , let alone compare the critical and evaluative process of that body with what could be our hypothetical evaluative proposal of the test (as the appeal seems to claim)”.
The precautionary measure of removal and prohibition to communicate with his ex-girlfriend that gave rise to this process weighed on Rubén Castro since the investigation of a case of alleged mistreatment denounced by this woman, although in June 2017 the Criminal Court 14 of Seville He acquitted the then Betis striker of both that crime and that of threats.
The judge then argued that none of the alleged episodes of abuse reported by the woman had been proven. and, in addition to the acquittal, agreed to cease the precautionary measures imposed by the Court of Violence against Women number 3 of Seville, including a bail of 200,000 euros and the prohibition to approach less than 300 meters or communicate with the ex-girlfriend .