The Council of the Judiciary refuses to open an investigation against the judge in the Madeira case

The Supreme Council of the Judiciary (SCJ) this Friday denied the existence of grounds for opening a process of investigation into the conduct of the investigating judge in the Madeira case, namely the time elapsed between the arrests and the application of coercive measures.

In a response sent to Lusa, the SCM stated that the investigation process for the investigating judge is “a matter [que] has not been considered by CSM and is not expected to, depending on available data.”

Responding to the criticism published this Friday in a statement from the Office of the Prosecutor General (PGR), in which it regretted the three weeks that elapsed between the arrest of the three accused and the enforcement order issued five days after the completion of the interrogations, but with between holidays and weekend, the SCM stated that this period of time is due, according to “information collected” by the Council, “to the complexity of the case and the magnitude of the elements presented by the prosecutor’s office (MP), in addition to the time required for the study of these elements by the judge and the defense.”

In a note published in the media, PGR also emphasized that the deputy’s prosecutors, in a presentation to the SCM, warned about the delay in the interrogation of the three detained accused, who “sought to raise awareness, repeatedly and through means, of their order, the judicial judge who led them, because for the unusual delay recorded and the need to expedite them, even sending the exhibition to the SCM on February 1, 2024 as the body of management and discipline of the judiciary. “.

Luse The SCM confirmed “receipt of a letter sent by the prosecutors in this case,” which “spoke about possible management measures to support the activities of the court that should be taken by the SCM.”

At the request of the parliamentary magistrates, “the SCM sought, together with the judge, to verify the real needs and respond to them,” the Council assured.

After several media reported that the prosecutor in the case several years ago acted as a witness against the investigating judge in the Madeira case, Jorge Bernardes de Melo, during the disciplinary process, the CSM said this Friday in response to Lusa that “nothing appears in the disciplinary protocol of the above-mentioned judge.”

“If it existed, it would be canceled under the terms of the article of the statute, which provides for such cancellation after a certain period of time. After this cancellation, the right to oblivion prevails. Oblivion implies the destruction of a registered document,” explained the CSM.

The investigating judge considered that there was nothing in the case file that would indicate that the accused in the case of suspected corruption in Madeira had committed any crime, and this Friday the PGR challenged this understanding, as the court had already done. National Director of the Judicial Police (PJ) Luis Neves speaks to reporters on Thursday.

Considering the conclusion of the judge of the Central Criminal Court (CCCC) that there was no evidence of economic and financial crimes charged against the three accused, the GGR emphasized that the operation was launched on January 24 by the Judicial Police (JP).” was considered by three magistrates who are leading the investigation and the director of the DCIAP.” [Departamento Central de Investigação e Ação Penal]while maintaining the understanding that there are signs of crime.

“This consideration has led us to the conclusion that, in addition, the evidence collected so far has consistently and consistently pointed to the commission of a number of illegal acts,” defended the PGR, adding: “It is also important to emphasize that, sometimes in previous years, five different investigative judges made decisions during the trial based on the belief that the evidence was already available.”

The deputy asked Pedro Calado, Avelino Fariña and Custodio Correia to accept the most serious coercive measure – preventive detention, but Judge Jorge Bernardes de Melo decided to release the three accused only with documents confirming their identity and place of residence, which the GGR confirmed this Friday. he will appeal the decision on Friday.

On January 24, the SP carried out approximately 130 searches at home and abroad, mainly in Madeira, but also in the Azores and various parts of the continent, as part of the investigation process into suspicions of active and passive corruption and participation in economic activities. in business, malfeasance, receiving or offering an undue advantage, abuse of authority and undue influence.

The investigation also involved the then president of the regional government of Madeira (PSD/CDS-PP), Miguel Albuquerque, who was named as a defendant and ultimately resigned from his position, leading to the dismissal of the Madeira executive.