A court in Mendoza is considering allowing the French rugby players accused of rape to return to their country while the trial continues in which a request for the defence's acquittal is pending, according to judicial sources.
“Regarding the request to leave the country, the decision should be made between Monday and Tuesday,” Martín Ahumada, a spokesman for the Mendoza Judiciary, said on Friday.
The decision is in the hands of Gonzalo Nazar, the province's deputy prosecutor.
French players Hugo Auradou and Oscar Jégou, both 21, remain in the capital awaiting a decision from the justice system..
Their defence lawyers this week requested a stay of proceedings, ahead of seeking a dismissal of the case. It remains to be seen what the prosecution will recommend to the judge, who must then convene a hearing to formalise the decision, something that could take up to 10 days.
“For now, the dismissal hearing has not been requested,” Ahumada said when asked about the date.
On Friday, the plaintiff missed – for a third time – an appointment for psychological tests that was rescheduled for September 5, a prerequisite to move forward in the analysis of the dismissal.
“We as plaintiffs have the procedural power to oppose [the dismissal]. We believe that the conditions are not in place,” plaintiff lawyer Mauricio Cardello told the press.
However, if the prosecution decides to allow the defendants to return to France, the plaintiff cannot prevent it, he explained.
“If the prosecutor decides to lift the ban on them leaving the country, we are going to express what we think, but that expression does not oblige the judge to take a decision, it will be enforced and they will be able to leave the country,” Cardello said.
Auradou and Jégou were arrested in Buenos Aires in July, two days after winning their first international caps against Argentina in a match staged in Mendoza.
They were charged with aggravated rape of a woman they had met in a bar after the match.
According to the complaint, the events took place on the night of July 6/7 at a hotel in Mendoza where the national team was staying.
The plaintiff says she was violently and repeatedly raped by the pair, who insist there was a consensual sexual encounter.
The sportsmen were released from detention to house arrest on July 17, then freed under supervision on August 12. They were banned from leaving the country, albeit with no restrictions on moving around Argentina.
The players were also prohibited from getting in touch with the victim by any means.
– TIMES/AFP
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