Raúl Asencio among four as Las Palmas court rejects nullity bids | OneFootball

The Las Palmas de Gran Canaria trial court has rejected defence bids to annul proceedings in a case against four Spanish professional footballers, including Real Madrid’s Raúl Asencio. The case 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 in the investigation, the Canary Islands High Court of Justice said. In an order notified on Thursday 30 July, the judge of Court number five in Las Palmas de Gran Canaria rejected defence challenges raised at a public preliminary hearing on 19 May over a phone seizure, a police statement and device data.

The ruling said the defendant now contesting the process was initially summoned as a witness and there were no prior suspicions. After his statement he became investigated, having admitted recording the encounter.

Seizing the handset was justified because the phones were both sources of evidence and alleged instruments of the offence, with a risk of data loss, and the suspects had backed up and deleted content before arrest. The defence also challenged a WhatsApp recording, but the judge upheld it under Supreme Court doctrine allowing conversations recorded by one party and found no breach of the right against self incrimination.

The ruling considered pardons granted by the victims, but said their effect must be decided at the proper procedural stage after the victims are heard in court. They do not operate automatically for all alleged offences.

Source: Superdeporte