Speaking at one of the last hearings of this trial taking place less than a month from the World Cup, prosecutor Luis Garcia announced to everyone’s surprise “to withdraw the accusation against all the defendants and for all the facts” which are theirs. reproached.
The prosecution had initially requested two years in prison and a fine of ten million euros for corruption against the Brazilian star of Paris SG, endorsing the accusations of the Brazilian company DIS which claims to have been defrauded during this transfer.
He finally did an about-face, believing that the charges “were not built on evidence” but “on presumptions” and that the case fell under civil and not criminal justice.
DIS, which held 40% of Neymar’s rights when he played for Brazilian club Santos before his departure to Barça, “is entitled to think that the transfer of Neymar should bring him a greater benefit, but was wrong of jurisdiction”, assured Luis García.
This reversal highlights differences of opinion within the Spanish prosecution on this complex file originally investigated by Madrid prosecutors before the file was sent to Barcelona.
If it does not necessarily predict the outcome of the trial, which ends on Monday, it in any case greatly weakens the prosecution.
This now relies solely on DIS, which in this trial represents the “specific accusation”, a legal feature allowing the alleged victim of the offense to seek penalties within the framework of the criminal procedure.
As such, DIS claims five years in prison against Neymar.
– Exclusive contract –
In addition to Neymar and his parents, two ex-presidents of Barça, Sandro Rosell and Josep María Bartomeu, and a former leader of Santos, Odilio Rodrigues Filho, are tried in this trial.
DIS, which took the case to court in 2015, claims that Barça, Neymar and his family and later Santos, teamed up to hide the real amount of the transfer and “swindle” him.
She also criticizes them for not having informed her of the existence of an exclusive contract signed in 2011 between the Brazilian star and Barça, which distorted – according to her – the transfer window, preventing other clubs to struggle to recruit Neymar.
Barça initially estimated the cost of the transfer at 57.1 million euros (40 million for Neymar and his family and 17.1 for Santos) but Spanish justice estimates that it actually cost at least 83 million. euros.
The Brazilian investment company, which received 6.8 million euros out of the 17.1 officially paid to the Brazilian club, is claiming 35 million euros in compensation, the amount it believes it lost in the case. .
Questioned last week during the first days of hearing, “Ney” and his parents, who had traveled to Barcelona, denied any irregularity.
The player, who will try to win the world title with Brazil at the World Cup which begins on November 20 in Qatar, said he does not “remember” to have participated in the negotiations of the exclusive agreement sealed in 2011 , ensuring to have relied on the choices of his father.
“I sign what he tells me” to sign, he assured, before his father confirmed that the player had “never participated in the negotiations”.
Neymar’s father defended himself by arguing that it was not up to him but to Santos to inform DIS of the existence of completely legal negotiations according to him, and moreover authorized by the Brazilian club in a letter.
This trial has been dubbed “Neymar 2”, “Neymar 1” designating the tax evasion case deriving from this same transfer. It was concluded in 2016 by an agreement between the prosecution and Barça, which had agreed to pay a fine of 5.5 million.
Neymar and Barça also clashed in court but ended up signing an “amicable” agreement in July 2021 ending all their disputes.
