Despite confirming the existence of neurological pathology, the report notes that because the disease is clinically mild, it “does not preclude or prevent” Ricardo Salgado from appearing in court and making statements.
The experts’ report concluded that this clinical situation “does not make it impossible or prevent Ricardo Salgado from appearing or making statements” in court.
With regard to testifying on the subject of evidence in a trial, experts say that “giving evidence is difficult, but not impossible,” warning that “given the decline in assessed cognitive functions, increased difficulty is expected, whether in providing or properly assessing by the court, as the difficulties with memory, attention, processing speed, and even language and speech reduced to significant levels.”
“We cannot guarantee the accuracy of the information received. In other words, even if it can be heard on the designated topics (of the test), from a strictly scientific point of view it cannot be guaranteed that the spatial, temporal or content details are reported accurately, since you may or may not actually remember,” the report states.
According to experts, after this report, the court will have to “decide whether the current level of obligations is so harmful or not” that Salgado’s appearance in court will have “beneficial consequences.”
Given the difficulty in walking and the aforementioned risk of falling, the report stresses that this “should be taken into account at least with the assistance of, for example, the use of a wheelchair or someone nearby”, noting that “the wife appears as a very an important figure emotionally (for Ricardo Salgado) and thus a repository of anxiety and suffering.”
Regarding a number of other difficulties associated with going to court, including those due to mental health conditions and other physical health conditions, experts say that “they believe it is important to take precautions to avoid long sessions over time without breaks.” , especially due to “easily tired”.
Experts remember and emphasize that the medical reports attached to the Salgado case “also do not directly exclude this material impossibility of the appearance” of the former banker in court.
The report notes that no additional documents were announced or found confirming objective complaints of another medical nature, namely cardiovascular, pulmonary or infectious or immunological diseases, which “could become a contraindication for going to court” by the former president of BES .
The assessment report was signed by forensic psychiatrist Fernando Vieira, expert neurologist Camila Nobrega and neuropsychologist Enrique Barreto.
The report was requested by the judge of the central civil court of Cascais, where the case against 79-year-old Ricardo Salgado is being heard, because, although the defendant did not plead a lack of judicial capacity, he referred to “a situation of illness that would make it impossible for him to appear, or at least to appear with beneficial consequences since he is unable to give his testimony.”
Thus, the Cascais court asked the National Institute of Legal Medicine and Forensic Medicine to provide “information designed to confirm the veracity of the defendant’s statements about his inability to appear in court for health reasons and to testify.”
However, experts admit that from a medical point of view, it may be useful for Ricardo Salgado to “accompany the person according to his choice, as much as he is capable of.”
On September 28, Ricardo Salgado underwent another medico-legal examination in Coimbra at the National Institute of Forensic Medicine and Forensic Medicine, at the request of the judge in the EDP criminal case, where the former banker is responsible for a crime of active corruption. unlawful act, active corruption offense and money laundering offence.
Former Economy Minister Manuel Pinho and his wife Alexandra Pinho are also charged in this criminal case.
In the related Operation Marques process, Salgado was sentenced in March 2022 to one sentence of six years’ imprisonment for three crimes of breach of trust, with the Lisbon Court of Appeal (TRL) increasing the sentence in May 2023. for eight years.