Judge Ivo Rosa, in a decision signed last Friday, claimed that Portuguese-Angolan businessman Hélder Bataglia, held in February 2017 in the case Monte Branco was presented by the Prosecutor's Office, cannot be used as evidence in Operation Marquis . The same was claimed by Uncle of former Prime Minister José Sócrates, António Bernardo Pinto de Sousa, in October 2015, also in the process Monte Branco .
This Wednesday, the investigations of Operation Marquês continue with the interrogation of the former administrator of PT, Zeinal Bava, accused of five crimes.
The same had already made the judge with two deposits of the old banker Ricardo Salgado, one in the case Monte Branco and another in the investigation of BES / GES.
. The Investigation Judge for Operation Marquis was always the same: two articles in the Criminal Procedure Act statements that can now be used for the court, even though the suspect remains silent, is only valid in testimonials made "in the process".
"As is evident from the law's letter, what the legislator meant is that only the explanations relied on in the procedure can be used as evidence.
" In the impossibility of judging as evidence "these statements by Bataglia and Socrates uncle ̵
It is not clear what is relevant to these two statements. In the case of Bataglia, the accused who is accused of 10 crimes in Operation Marquis has been questioned less than a month earlier in the case of the Socrates epicenter. These compromises to Ricardo Salgado, who said he had asked him to send money to accounts controlled by businessman Carlos Santos Silva, José Socrates allegedly against soldier, are not compromised.
It is recalled that at the end of An additional order from Ivo Rosa was issued, which raised doubts about the legality of some evidence integrated into the process Marquis Operation but gathered in another investigation, in this case the investment of nearly 900 million of the PT in Rioforte, a GES company, just before the group collapsed. In question, e-mail and other data files are seized in searches performed at NPT's facilities and the PWC consultant in January 2015.
The problem is that the prosecution authority requested the investigating judge Carlos Alexandre, from the educational court, Criminal Court, if it considers himself incompetent in this The case – which it approved at the end of 2014 – is considering another competent court. Nevertheless, Carlos Alexandre decided the realization of the searches, which was considered urgent by the authority. In this case, Ivo Rosa has not yet made any final decisions before doing so, the lawyers and the prosecutors for making their statements. The overwhelming majority of defense requests that Ivo Rosa consider the information obtained in these searches invalid, which is a result rejected by the Prosecutor's Office. There is at least one defense that allows certain evidence to be saved.