‘More than enough evidence’ to hold Dani Alves on nightclub rape charge, says judge as Brazil ace makes bid for bail

THERE is “much more than enough evidence” to hold Dani Alves on a charge of raping a woman in a nightclub toilet, a judge reportedly said.

The Brazilian World Cup ace, 39, has agreed to wear a GPS ankle tag and surrender his passport in a fresh bid to be freed on bail.

APBrazil’s oldest ever World Cup player Dani Alves is in preventive custody in Spain accused of rape[/caption]

TripAdvisorCCTV is said to show him with his accuser in the VIP area at Sutton nightclub[/caption]

The Sutton ClubThe woman claims he raped her in the toilets[/caption]

Alves was locked up last month by a judge investigating claims of an assault at Barcelona‘s swanky Sutton venue in the early hours of December 31.

He initially denied any contact with his accuser, but is said to have changed his story and claimed they had consensual sex.

He denies wrongdoing.

The star’s new lawyer reportedly told a Spanish TV journalist his initial version of events was to “protect his wife” and cover up his “infidelity”.

Top attorney Cristobal Martell – who also represented Lionel Messi in his tax fraud case – filed an appeal yesterday against the decision to remand him in custody.

Alves promised to stay in Spain and stay 500 metres away from his accuser’s home and work, legal papers show.

He also offered to report to police daily and wear a tracking device 24 hours a day if he is let out of jail.

Previously the judge had deemed ex-Barcelona FC star Alves a flight risk.

And today new details of the ruling were revealed by the newspaper El Periodico.

Magistrate Anna Marín decided there was case to answer after questioning the accuser and suspect at Barcelona’s court number 15 on January 20, it reported.

According to the paper, she said “there are much more than enough indications” to consider that there was a rape “and that the suspect was the perpetrator of it”.

The magistrate also stressed the investigation is ongoing and nothing is proved, the paper reported.

Mr Martell, Alves’ lawyer, slammed the magistrate in his 24-page submission.

He claimed the investigation by the Mossos d’Esquadra police was “biased” and criticised Judge Marín for accepting it in an “uncritical and careless way”.

The lawyer also claims CCTV from the club’s VIP room contradicts the alleged victim’s account.

He said it shows the woman and her friends were in “festive” mood and not “intimidated” and she claimed.

The footage allegedly shows Alves leading the woman to the toilets where they spent 16 minutes out of view – not 47 seconds as previously reported on Spanish TV.

A decision on the fresh bail appeal is expected in days.

It it goes to trial, Alves could wait more than a year for the case to be heard.

Previously it emerged the woman claimed Alves slapped her and raped her in the bathroom.

She is also said to have described seeing the footballer’s intimate tattoo while he was partly undressed.

The tearful woman is said to have immediately told her friends what happened, and bouncers then alerted police.

Alves flew into Barcelona after agreeing to be questioned over the allegations last month.

Mexican club the Pumas terminated his contract after he was held in custody.

Alves’ model wife Joanna Sanz, 29, spoke of her heartbreak after his arrest, which came days after her mother died.

She said: “I have lost the only two pillars in my life.”

Since then she has deleted some images of her husband from her social media profiles.

Alves is the most decorated player in football history with 42 career trophies including three Champions League titles, two Copa Americas and an Olympic gold medal.

In December he became Brazil’s oldest ever player at a World Cup aged 39.

Last week he reportedly made his debut for a prison football team.

A source told La Vanguardia “the expectation was great” as many inmates idolise the former Barca right back.

And in an odd twist, he is said to be sharing a cell with a Brazilian named Coutinho – although it is not his national teammate.

SolarpixAlves has spent nearly two weeks in a cell at Brians 2 prison near Barcelona[/caption]

Instagram @joanasanzModel wife Joana Sanz has removed pictures of Alves from her social media[/caption]