The prosecutor of the case of former Spanish Football Federation president Rubiales, who was spared jail in February for forcibly kissing player Jennifer Hermoso at a Women’s World Cup awards ceremony two years ago, asked the court on Thursday (March 6) to annul the original ruling and reopen the case.

Rubiales was found guilty of sexual assault in February and fined 10,800 euros (about S$15,600). He was also banned from entering a 200-meter radius of Jennifer and from contacting her for a year.

Rubiales appealed the verdict, and his legal team insisted in the appeal documents that the kiss “did not contain any sexual overtones” and was consensual, so it did not constitute sexual assault. He also questioned Jennifer’s “inconsistencies” in her testimony.

But the verdict also upset prosecutors and Jennifer, so they both appealed. Prosecutors had asked for a total of two and a half years in prison for Rubiales, including one year for sexual assault and one and a half years for allegedly coercing Jennifer to downplay the kiss.

However, Judge Fernandez-Prieto found Rubiales and three other defendants, namely former Spanish women’s football team coach Vilda and two other former senior officials of the Football Association, not guilty of coercion.

Prosecutors call judge’s ruling ‘arbitrary’

Prosecutors said in a statement they were asking for a mistrial and for the case to be “reheard by another judge who is at least not demonstrably biased.” They said Prieto “improperly” blocked certain questions from Marta Durantez, the prosecutor at the trial, and called his decisions arbitrary.

The statement said the judge made no mention in his ruling of key evidence presented during the trial “as if that evidence did not exist.”

Prieto also stood out during the trial for his gruff manner, frequently interrupting and berating participants. It is unclear when the court will rule on the various appeals.