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Date ruling undermines the Casa Pia case

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Date ruling undermines the Casa Pia case

Post by Pedro Silva on Tue Nov 09, 2010 8:46 pm

http://dn.sapo.pt/inicio/portugal/interior.aspx?content_id=1706191

here is the translation:

Date ruling undermines the Casa Pia case
On appeal he presented, the prosecutor agrees that there is an irregularity in the convictions of Cruz, Marçal and Bibi
It is a technicality that can lead to the reopening of the trial of the Casa Pia case. It also has an added significance: Carlos Cruz, Hugo Marçal and Carlos Silvino may have been convicted wrongly of a crime, that is not possible defense. At least that is acknowledged by the prosecutors in the appeal of the ruling, which showed at the end of last week, in which advocates including the reopening of the trial to be given opportunity to defend the three defendants as to that crime, in particular, advanced yesterday SIC night. The fact is this: in the indictment, one of the youths said to have been abused in the House of Elvas on a Saturday in 1999. But the young man on trial eventually amend the date of abuse for one day of the week.
"The ruling was written that the child was abused in a 'day undetermined." Now this, as acknowledged by the prosecutor who presented the appeal, which I've read, is an irregularity. Judgement shall be declared invalid, as acknowledged by the MP, This should lead to the reopening of the trial, at least on this point, "said the DN Ricardo Sá Fernandes, lawyer Carlos Cruz.
Before the panel to dictate the sentence, the MP even asked to change the indictment, which would give defendants the opportunity to make alibis for the remaining days. The court rejected the request and ordered the three defendants for crimes of pimping and sexual abuse at the home of Elvas in a "day undetermined."
"It is an error of huge gravity at the huge level of the surgeon leaving a swab inside the patient," concluded Sá Fernandes.
Judicial source knowledgeable of the process explains that the court found two things: that the crime was committed and that one day will have been uncertain in the last quarter of 1999. But the court did not give opportunity to the three defendants to defend themselves. "It is an error of substance and the legal consequence is the reopening of the trial to give defendants the opportunity to defend themselves, giving a minimum period of ten days. The sentence can be upheld or changed, but only with respect to that crime in concrete, "the source needs.
José Maria Martins, lawyer Carlos Silvino ("Bibi"), told DN that has not been "notified" of the appeal of the prosecution. "The only thing I say is that this is more a show off the defense of Carlos Cruz. If the court considers that there is an error, the trial is canceled, but only to those facts and no more," he said. Miguel Matias, a lawyer for victims of Casa Pia, said only: "I was not notified and did not know the appeal of the attorney [John Aibéo]."
The Court of Appeal will hear appeals and may direct, if acknowledging the mistake, the process returns to the first instance.

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Re: Date ruling undermines the Casa Pia case

Post by rosemary on Tue Nov 09, 2010 8:50 pm

oh here we go again....more technicalities, more squabbling, more of the same old ----

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