The Madrid Provincial Prosecutor’s Office has presented before section 30 of the Provincial Court of Madrid an appeal against the sentence that acquitted the former soccer player Xabi Alonso and his advisers Iván Zaldúa and Ignasi Maestre of three crimes against the Public Treasury for having eluded the payment of around five million euros in their taxes corresponding to the fiscal years 2010, 2011 and 2012.
The representative of the Public Ministry requests the nullity of the ruling “in view of the insufficiency and irrational factual motivation that leads to the acquittal and the manifest departure from the maxims of experience and logic in the assessment of the whole of the evidence practiced.” What’s more, requests the return of the proceedings to the same body that issued the resolution for a new trial, but with a different composition of the Chamber.
The appeal is based on the fact that the facts declared proven in the judgment suffer from a lack of rationality in the factual motivation, and this because it comes to take for granted “as a fundamental basis of the acquittal and on which it pivots”, that the Kardzai entity carried out the exploitation of the image rights that were assigned to it, which in turn subcontracted to the company ‘The Best of You’, “this being the one that carried out the negotiations with the companies that hired Xabi Alonso to develop the advertising activities within the scope of that assignment contract”.
The “core” of the discrepancies is, in the opinion of the Prosecutor’s Office, “the lack of rationality of the factual motivation based on the evidence practiced in the oral trial and the coherence between them.” He even points out that “A large part of the Court’s conclusions do not obey logic, omitting relevant data or expressing reasons that should point in the opposite direction.” Hence, it insists on the need for the evidence to be analyzed in a “logical” and “reasonable” way.
On April 9, the Provincial Court of Madrid again acquitted the former player of the charges, just as it had ruled at the end of November 2019, after on January 25 of this year the Superior Court of Justice of Madrid (TSJM ) annul his acquittal and order the return of the case for the same magistrates to issue a new sentence in which the omissions that had determined the nullity were solved.