The prosecutors of the Public Ministry (MP) in the case of Operation Marquis criticize the “ineptitude” of the decision of judge Ivo Rosa, ask for its nullity and say that the judge usurped the role of the MP.
According to the Público newspaper, in the appeal they sent to the Court of Appeal, the prosecutors Rosario Teixeira e Victor Pinto classify as absurd the version of the facts that the judge sent for trial in the instructional order he delivered on April 9th.
According to the indictment, Carlos Santos Silva placeholder image he would not be the owner of the millions that former prime minister José Sócrates “used as he pleased”, but “a mere depositary of the gloves” that Sócrates “would have received either from the Lena group, or from the Espírito Santo universe and even from businessmen responsible for the Vale do Lobo project”, he says.
However, writes the Pubic, Ivo Rosa “took on the evidence gathered by the Public Ministry to reach a completely different conclusion: after all, the businessman will have handed over 1.7 million euros to the former government official in exchange for his indications regarding public investment and also of its support in the world of economic diplomacy”.
It was based on this reasoning that the investigating judge ordered the two defendants to be tried for money laundering, considering the crimes of corruption as prescribed.
In the appeal that the prosecutors sent to the Court, according to the Publico, Rosário Teixeira and Vítor Pinto are “very upset with this understanding”, accuse the judge of “usurping the role of the Public Ministry, by building a new story based on the data collected by the investigators, distorting the facts narrated in the indictment”.
As Ivo Rosa maintained, even so, in the indictment in which Socrates and Santos Silva sent for trial several data contained in the indictment, the final result is considered absurd.
“The indictment does not describe details about the origin of the funds existing in Carlos Santos Silva’s accounts, but makes it clear that they were funds already belonging to the defendant José Sócrates. So we would be facing a unusual situation where the corrupt passive [o ex-primeiro-ministro] it would be illegitimately compensated with its own money”, describe the prosecutors in the appeal cited by Público.
“Since it is not understandable for someone to allow themselves to be corrupted by handing over their own money, proof of the facts thus turns out to be of the opposite sense and impossible to combine”, they add.
The newspaper also writes that the collective of lower court judges who were awarded this process by lot refuse to start the trial of Sócrates and Santos Silva until the appeals have a final outcome in the Lisbon Court.
In the April 9 indictment, Judge Ivo Rosa decided to put former Prime Minister José Sócrates and businessman Carlos Santos Silva on trial for money laundering and other crimes.
concerned, are sums of 1.72 million euros delivered by the businessman and alleged figurehead to Sócrates, who, according to the instructional decision, do not constitute the crime of corruption, as it is prescribed, but imply three crimes of money laundering.
In addition to money laundering, Sócrates and Santos Silva are indicted for three crimes of document forgery.