THE Public Prosecutor’s Office wants the Luis Rubiales ‘kiss’ case retried and sentencing revoked because the judge was ‘biased’.
Rubiales was convicted in February for sexually assaulting Spanish footballer Jenni Hermoso in August 2023 by planting a kiss on her after her side’s World Cup victory.
The former Spanish football boss was fined €10,800 for the kiss but cleared of coercion.
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- Jenni Hermoso challenges sexual assault penalty for ‘kisser’ Luis Rubiales as well as coercion acquittal in Spain
- Luis Rubiales avoids jail as judge delivers verdict on ‘non-consensual’ kiss against Jenni Hermoso

Prosecutor, Marta Durantez, says the trial should be declared null and void for both Rubiales and three other defendants, who were also cleared of intimidating Hermoso to change her mind over the nature of the kiss.
Durantez says key evidence was ‘unfairly denied’ by National Court judge, Jose Manuel Fernandez-Prieto.
“All evidence should be be admitted and analysed,” the prosecutor said in a written brief.
This includes details of a meeting held in Luis Rubiales’ office on August 23, 2023; a recording made by Hermoso of a phone call where she asked the Spanish football federation to stop coercing her; and her non-selection for two matches in September 2023.
Jenni Hermoso’s lawyer has already said his client will appeal the leniency of the sentence handed down to Rubiales and the not guilty rulings over coercion.
Rubiales in turn is also appealing the verdict and punishment.