Jegou-Auradou case: “the decision now rests with the courts”, the rugby players' lawyers have filed a request for dismissal of the case

Auradou et Jegou vont-ils bénéficier d’un non-lieu ? maxppp

Les avocats de deux rugbymen français inculpés de viol aggravé en Argentine début juillet ont déposé une demande de non-lieu pour obtenir leur retour en France, et les joueurs devaient quitter mardi Mendoza pour Buenos Aires afin d’y être "plus tranquilles".

“The request for dismissal has been filed, the decision now falls to the courts, and we will be waiting” for the prosecution's submissions, before a later decision by the judge, German Hnatow, one of Hugo Auradou and Oscar Jegou's defenders, told journalists at the Mendoza judicial center (west).

Shortly after, another Argentinian lawyer for the players, Rafael Cuneo Libarona, told AFP that the young men, who have recovered their passports but are not allowed to leave Argentina, were due to arrive in Buenos Aires during the in the afternoon.

“They left to be more peaceful […] they cannot be in a province where their photo has been published", Mr. Hnatow told Radio Mitre from Mendoza airport. In Buenos Aires “Friends and family are waiting for them”, and “If they have to participate in a hearing (examination) of dismissal, they will do so virtually”.

Everything you need to know about the Jegou-Auradou case.

A next hearing scheduled for Friday

The players' Argentinian lawyers have recalled that since their release on August 12 by the prosecution – after nearly a month under house arrest – “they are free to go wherever they want in Argentina”. Following the request for dismissal filed on Tuesday, Mr. Hnatow specified that a next hearing has been set for Friday.

At this hearing, the prosecution should make its position known, and ask the judge for a hearing to examine the request for dismissal, Martin Ahumada, spokesman for the provincial justice of Mendoza, specified to AFP. Mr. Hnatow did not wish to advance on a probable deadline for these steps and a decision from the judge.

The request for dismissal was expected from the defense, convinced that the prosecution's position has been weakened in recent weeks. It comes the day after the revelation of a suicide attempt by the plaintiff, a 39-year-old Argentinian, last Friday according to her lawyers, which prevented her from attending the hearing this Tuesday.

The plaintiff is undergoing “intensive treatment”

The plaintiff “is currently undergoing intensive treatment”, her lawyer, Natacha Romano, had indicated on Monday. She is “in a distressed emotional state”, but “assisted by psychiatrists at the public hospital”, added her other lawyer, Mauricio Cardello. Auradou and Jegou, two 21-year-old internationals, remain charged with aggravated gang rape.

The alleged events occurred during the night of July 6-7 in a hotel room in Mendoza (west, 1,000 km from Buenos Aires), where the French XV had just won a test match against Argentina.

The complainant, who had met the players in a nightclub and had gone with one of them to the hotel, said she had suffered rape and violence from both of them – “terrible violence” according to her lawyer. The accused admit to sexual relations, but claim that they were consensual and deny any violence.

The complainant maintains “sexual abuse”

Placed in detention shortly after their arrest on July 8, the two players were placed under house arrest on July 17, then released two weeks ago by decision of the prosecutor, although they are prohibited from leaving Argentina during the investigation.

Only a decision by the prosecutor modifying this status could allow them to leave the country, whether or not linked to a possible decision final decision on the dismissal of charges, their defense attorneys were told.

In ordering their release, the prosecution had noted "notorious contradictions, inconsistencies, gray areas" in the complainant's version. Mr. Cardello reaffirmed in recent days that they would formally oppose a dismissal of charges and would "continue to maintain that there was indeed sexual abuse".