The two French national rugby team players held under house arrest on rape allegations in Mendoza since July 8 have been released from custody, though they will not be allowed to return to their homeland in the immediate future.
Hugo Auradou and Oscar Jégou, both 21, must remain in Argentina until their trial is over, according to a court resolution announced last Monday.
Mendoza’s provincial prosecutor ordered the release of the indicted while mandating “the conservation of the remaining measures of coercion," among them the retention of their passports and bans on leaving the country and any kind of contact with the plaintiff.
The resolution establishes that there are "insufficient convincing elements" to demand that the indicted be remanded in custody since there is "no pre-eminence of the evidence for the prosecution over the evidence for the defence … with blatant internal and marginal contradictions in the plaintiff’s account."
‘Expected decision’
The French lawyer of the players, Antoine Vey, celebrated their release, declaring that it was "an expected decision constituting a crucial step towards judicial recognition of the innocence" of the two players.
The defence lawyer expects the resolution to lead to a happy ending "in the next few weeks."
The plaintiff’s lawyer Natacha Romano told the AFP news agency that the resolution "has produced greater damage and anguish to the victim and her family."
She said the release provoked "a concern attacking her [client’s] psychological and physical security" with the plaintiff feeling "totally without protection from the Mendoza courts."
Jégou and Auradou were indicted last July 17 "for sexual abuse with carnal access (i.e. rape), aggravated by the participation of two people."
The alleged crime took place on July 7 at the Diplomatic Hotel, a five-star hotel where the French team was staying in Mendoza, maintains the prosecution, while the defence assures that the sexual relations existed but were consented.
The trio involved in the case had initially met at the Wabi nightclub in Luján de Cuyo.
‘Out of context’
On August 9, the local press had divulged a series of audios sent by the plaintiff to a female friend after returning from the hotel where Jegou and Auradou were staying.
Romano said that this was "evidence supplied by the plaintiff" which "had been taken out of context, maliciously divulging three or four [audios] which suited the defence."
Last week the 39-year-old accuser had expanded her statement to the prosecutor Darío Nora, who on August 8 had interrogated the defendants for almost five hours.
"We breathe liberty, we are confident that they will soon regain their freedom," said their Argentine defence lawyer Rafael Cúneo Liberona, the brother of Justice Minister Mariano Cúneo Liberona, after the statement of the players.
The resolution of the local court announced last Monday details that at the start of the investigation, "there existed a series of extreme short-term [circumstances] which determined the need to order the arrest of the co-defendants."
Yet the document, signed by assistant prosecutor Gonzalo Nazar, establishes that on the basis of the plaintiff’s statements along with the rest of the evidence, "the existence of notable contradictions, inconsistencies, grey areas and even insufficient explanations" in the plaintiff’s presentation cannot be ignored.
The writ further mentions "the jocose tone" at the start of the plaintiff’s conversation with her friend, which was revealed in the audios leaked to the press.
It also considers that the testimony incorporated until now from the plaintiff "would not result of determinant value in an incriminatory sense" while the defence of the indicted "could not be dismissed without further ado."
Not over
Romano, the plaintiff’s lawyer, highlighted that the case is not over: "The order that they recover their freedom does not imply an acquittal, the case is still being fully investigated and there are reasons why the indicted cannot leave the country."
Some hours after the resolution, the French sportsmen were photographed leaving their place of house arrest together with Germán Hnatow, one of their local lawyers, who had earlier informed that the electronic anklets which they had worn during their house arrest would be removed that same Monday.
La Rochelle, Jégou’s club, released a statement in support of their player midweek.
“We are delighted with the release of our player, Oscar Jégou. This is an important step towards proving his innocence. We, the entire Stade Rochelais community, reaffirm our support for Oscar and his family.
“We hope that the investigation can continue to take place in calm conditions and with respect for the presumption of innocence. We affirm our confidence, as we have done since the beginning of the procedure, in the Argentine justice system. We hope that Oscar will be able to return to France soon.”
No statement was issued by Auradou’s club, Pau, which last commented on July 9.
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