Court rejects bid to annul case involving Raúl Asencio over Mogán video | OneFootball

A court in Las Palmas de Gran Canaria has rejected defence bids to annul proceedings in a case against four Spanish professional footballers, including Real Madrid’s Raúl Asencio, over alleged offences of discovery and disclosure of secrets and distribution of child pornography.

According to El Periódico Mediterráneo, the probe concerns a consensual sexual act recorded at a beach club in Mogán on 15 June 2023 and the alleged sharing of the images.

The court found no breach of fundamental rights and dismissed challenges raised at a public preliminary hearing on 19 May that targeted a mobile phone seizure, a police statement by one accused, several procedural orders and material from device dumps, in an order notified on Thursday 30 July.

It noted that the accused who sought nullity was initially a witness with no prior suspicion, then became investigated after voluntarily admitting involvement in recording the encounter.

Seizing the handset was justified because the phones were both evidence and instrument, and there was a risk of data disappearing, with investigators recording that content had been backed up and deleted before arrest.

A bid to exclude a WhatsApp recording was rejected, with the judge citing Supreme Court doctrine permitting conversations recorded by one participant and finding no breach of the rights against self-incrimination.

The judge also reviewed the victims’ forgiveness, stating its effect must be decided at the proper stage after their testimony in court, and that it does not automatically extend to all alleged offences.

Source: El Periódico Mediterráneo