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Vitor Escaria’s defense files an appeal and points out the invalidity of the coercive measure in the process of Operation Influential

The defense of Vitor Escaria, the former chief of staff to the Prime Minister, challenged the enforcement action under Operation Influential Man, arguing that it was invalid because it understood that jurisdiction lay with the Supreme Court due to the involvement of Antonio Costa.

This is a compulsory measure prohibiting travel abroad (with the surrender of a passport), applied in November to a defendant by the Central Criminal Court after a thorough examination of the offense of influence peddling brought by the Office of the Public Prosecutor (MP), while also defending the existence of a flight risk. However, the defense not only refutes the risk and the accusation, but also argues that the order is invalid.

“The court exercised jurisdictional action within the framework of an investigation in which jurisdiction is extended to all jurisdictional acts and all interested parties, since the quality of the Prime Minister of one of them has consequences for all (…), was from the Supreme Court”, can be read on a resource that Lusa had access to, which adds: “It is clear that the investigation is also directed against the Prime Minister.”

The argument of lawyer Thiago Rodrigues Bastos argues that, despite the alleged invalidity of the ruling, neither the deputy nor the investigating judge was able to determine the moment and manner in which the influence peddling was carried out, or to present elements supporting the thesis of a corruption pact as a possible advantage for Vitor Escaria.

According to the defense, the meeting on December 22, 2022 with Diogo Lacerda Machado, a Start Campus consultant and best friend of the Prime Minister, and Afonso Salema, the CEO of the company promoting the “data center” for Sines, also does not serve as an indictment. it is a crime or to indicate that the intended support for the project was illegal. He also noted the mistake of the MP, who held the meeting at the PS headquarters, and not at the official residence of the Prime Minister.

According to the appeal, which will be heard by the Lisbon Court of Appeal, the deputy constructed a “story based on assumptions”, listing theses about criminal conspiracy, alleged altruism due to the fact that Escaria did not ask for or accept anything, and that he put pressure on the president of the Institute Conservation of Nature and Forests (ICNF) Nuno Banzu.

Reiterates in its defense that the environmental impact assessment (AIA) for the second phase of the “data center” (after the first phase was exempt from AIA) was not solely dependent on the opinion of the ICNF and included nine organizations on the project assessment committee . .

On the other hand, the defense emphasizes that influence peddling is punishable by one to five years in prison and that it never justifies escaping justice. The appeal also confirms that the accused has already demonstrated a willingness to defend himself and that his life is organized in Portugal, and “sporadic” work outside the country (Angola) is not used to maintain the risk of flight.

The appeal does not mention more than 75 thousand euros in cash that the authorities found in the office of Vitor Escaria, although the defense during interrogation assured that this money was not of illegal origin.

Vítor Escaria was one of five detained on November 7, along with Lacerda Machado, administrators Afonso Salema and Ruy Oliveira Neves, and Sines mayor Nuno Mascarenhas.

There are nine defendants in total in the case, including the now former Minister of Infrastructure João Galamba, the President of the Portuguese Environmental Agency Nuno Lacasta, lawyer, former Minister of Justice and former PS representative João Thiago Silveira, and the company Start Campus.

Prime Minister António Costa, who appears to have been involved in the matter, was the subject of an investigation launched by a member of the Supreme Court, a situation that forced him to resign and the President of the Republic to call early elections to the Supreme Court. March 10, 2024

Author: Lusa
Source: CM Jornal

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