The lawyer for the mother of Portuguese-Brazilian twins has handed over to the parliamentary commission of inquiry the opinion of the Portuguese Bar Association (PBA) justifying his refusal to make statements to the Assembly of the Republic.
Wilson Bicalyo emailed the OA document this afternoon, which confirms the existence of obstacles to testifying before the parliamentary inquiry committee.
According to the opinion to which Lusa had access, the OA justifies the right to professional secrecy of the representative of the mother of children treated with Zolgensma at the Santa Maria Hospital in Lisbon by Article 92 of the Statute of the Order of the Advocate (EOA), which states that “lawyers are bound by professional secrecy with respect to all facts of which they become aware in the exercise of their functions or the provision of their services.”
“In this regard, and also given that the testimony that will be given within the framework of the parliamentary commission of inquiry will focus on facts that contradict the professional relationship maintained with Daniela Louzado Martins. [mãe das gémeas]”There is no doubt that he is obliged to keep secret these same facts,” the document from June 17 says.
According to the OA, exemption from professional secrecy “may only take place when it is absolutely necessary to protect the dignity, rights and/or legitimate interests of the lawyer himself or his (former) client” and “if he is provided with competent prior authorization”.
In a message sent to a lawyer to whom Lusa had access, the president of the Lisbon Regional Council (CRL) OA, João Massano, recalled that “professional secrecy is a fundamental pillar of Portuguese law.”
“In this case, it is important to emphasize that a lawyer has a duty to keep secret all facts that he becomes aware of in the context of his professional activities,” he said.
The lawyer, however, pointed out that “the very nature of the law” obliged him to maintain secrecy, “there is no need for any opinion of the Order on this matter, it is simple liberality.”
In a communication sent to the parliamentary commission of inquiry, the OA confirmed that “nothing more can be added because of the duty of secrecy” and that “the information to be provided (…) cannot naturally undermine” the “functional duty of secrecy”.
According to the order, which Lusa had access to, requests for a copy of the denial order and a request to lift confidentiality are currently under investigation.
Wilson Bicalyo was heard at the inquiry committee in Parliament on Friday and made an initial statement but refused to answer any questions citing professional secrecy. The lawyer said he had asked the OA for an opinion so that the secrecy could be lifted but was refused.
This position was criticised by the parties and the hearing was suspended before the end of the first participant’s questioning, Chegi, without being resumed.
Author: Lusa
Source: CM Jornal
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