The court rejected the request of Ricardo Salgado’s defense to extinguish or suspend the criminal proceedings against the former president of Banco Espírito Santo due to Alzheimer’s diagnosisclaiming that he maintains the right of defense.
“Regardless of the conclusions of the expert opinion, the criminal process against the accused Ricardo Salgado must continue, which is why the accused was dismissed,” reads an order from Judge Helena Susano, to which Lusa had access, in reference to the BES/GES case, the largest in the so-called Universe of Espírito Santo and whose trial begins this Tuesday.
According to the order, the group of judges understands that “mental aptitude is not a requirement for the accused to provide statements”, stressing, therefore, that “it cannot constitute a basis for the termination of the criminal process” against the former banker. who faces 62 crimes in court.
“It cannot be said that the accused Ricardo Espírito Santo Silva Salgado is arbitrarily restricted from any right of defense, but, and only to the extent that the illness imposes it, these rights of defense will be exercised by him to the extent that they allow it. their capabilities,” the order reads.
What was at stake for the former banker’s defense was the current stage of Alzheimer’s disease, which, according to the lawsuit filed in court, prevents him from fully exercising his right to defend himself against the accusations made by the Public Ministry (MP). .
Given this limitation, the defense considered that the criminal proceedings against the former president of the BES should be terminated or, alternatively, his suspension should be ordered.
However, the group of judges understands that the former banker should not be removed from the process and that the accused’s opinion “cannot be supported by the Court”, since it is justified in another aspect: “The public interest in obtaining the truth material and in achieving the purposes of general positive prevention of social pacification and the reestablishment of legal peace.”
“Even if it were considered, in view of the documentary evidence presented, that the accused suffered from Alzheimer’s disease, in conditions capable of configuring a psychic anomaly, the statement expressed by the accused has no basis,” the judges said.
Despite noting that Alzheimer’s disease can have effects on the defendant’s ability to defend himself, the court argued that the psychological anomaly “does not constitute a cause of criminal procedural incapacity nor does it lead to the suspension or termination of the process,” even recalling that Ricardo Salgado He enjoys better defense conditions than many other citizens.
“It could, in fact, be argued that the accused, given the overall defense he has exercised, is in better conditions than certain citizens who, although entirely healthy at a cognitive level, do not have the educational preparation of their accused or with the technical defense from which he benefits,” the order indicated.
The panel of judges concluded, therefore, that Ricardo Salgado’s trial does not go against the constitutional guarantees of criminal proceedings or the right to a fair trial.
Considered one of the largest cases in the history of Portuguese justice, this case brings together 242 investigations of the main process, which were accumulated, and complaints from more than 300 people, natural and legal, residing in Portugal and abroad.
According to the deputy, the collapse of GES will have caused losses greater than 11.8 billion euros.
Source: Observadora
