Jegou-Auradou case: due to complainant's “gastric problems”, decision to dismiss case postponed until Tuesday

A hearing on Friday, August 23 in Mendoza (Argentina), during which the lawyers of the two French rugby players accused of rape were planning to file a request for dismissal of the case, was postponed until Tuesday due to a health problem of the complainant, the lawyers indicated.

The hearing scheduled for “was suspended until Tuesday” morning, due to“gastric problems, quite severe pain” of his client, Mauricio Cardello, one of the lawyers for the plaintiff, a 39-year-old Argentinian, told journalists including AFP at the Mendoza judicial center.

“This kind of story causes nervous problems, stress, and she had gastric symptoms prior to this case and […] was not in a condition to come, but will be on Tuesday”, added Mr. Cardello. The rugby players' lawyers intended to file a request for a dismissal of the case on Friday so that they could return to France, ten days after their release by the Mendoza prosecutor's office.

However, he had ordered that they remain in Argentina for the duration of the investigation, which will soon be completed. Hugo Auradou and Oscar Jegou, both 21, are charged with aggravated gang rape. The events allegedly occurred on the night of July 6-7 in a hotel room in Mendoza, 1,000 km from Buenos Aires, where the French XV had just played a test match against Argentina.

A defense strategy “collapsing”

The complainant, who had met the players at a nightclub and followed one of them to the hotel, says she was raped and assaulted – “terrible violence” according to his lawyer. The accused admit to sexual relations, but claim that they were consensual, and deny any violence.

Me Rafael Cuneo Libarona, lawyer of the players, deplored on Friday a "dilatory tactic", communicated according to him at the last moment, on the part of the defense of the plaintiff. But he welcomed that the prosecution had immediately called a new date soon. He said on Thursday that the defense strategy “is collapsing”, and that “this legal adventure […] does not deserve any more delays".

The two players “waiting to return"

The players, who are still in Mendoza, “have very strong morale, but are waiting for return" to France, he commented on Friday. Based on a request for dismissal and a possible hearing to examine it, Me Cuneo Libarona estimates that a decision by the judge on a dismissal could take around a week.

But he specifies that the plaintiff's lawyers could appeal, referring the decision to an appeals court. Me Cardello, for the plaintiff, confirmed on Friday that they would formally oppose a dismissal. “We will continue to maintain that there was sexual abuse against my client”, he further stated.