14 July 2009

The Wrong Lawyer was Suspended

José Maria Martins [blog], defense lawyer of Carlos Silvino (Bibi), the main arguido in the Casa Pia process, was condemned by the Superior Council of Deontology of Lisbon of the Portuguese Lawyers Order Association [Ordem dos Advogados - OA] to a 3 year suspended sentence. At the origin of the process is the violation of several articles of the Order's Code of Conduct. José Maria Martins is accused of ignoring conflict of interests situations, of lack of honesty and the violation of trust of partners and clients, among other accusations.

The accused, who did not want to advance too many details (since he is appealing the Order decision), just said that " the Lawyers Order Association serves the interests of power", it is as well the same institution who "protects the Prime Minister and the paedophiles", he concluded.

In declarations attributed to the polemical lawyer, the Council referred , that in the internet José Maria Martins, also included the former head of the Bar Rogério Alves as "entangled in a web of important people who surround him in the LOA". Rogério Alves , in the words of the lawyer, would be "damaging the lawyers and magistrates" and that "he could aspire to become a minister for the PSD [Social Democrats]".

(extract source from magazine i)

Meanwhile the current head of the LOA's bar, the infamous Marinho Pinto and the President of the Order's Deontological Council, Pedro Raposo declined to comment on José Maria Martins suspension. Marinho Pinto said to the news Agency Lusa that he does not comment on disciplinary processes [he should at least comment on his own Order processes]. Pedro Raposo said that he did not want to comment on the case since José Maria Martins presented an appeal to the decision. (in DN)

This blog however still continues to ask to the Portuguese Lawyers Order Association and to the Superior Council of Deontology of Lisbon if the Lawyer José Maria Martins was suspended because he breached the Code, why wasn't Marcos Aragão Correia?

As we have previously explained here Marcos Aragão Correia, the lawyer has revealed to the Portuguese Media that he visited João Cipriano in prison and in order to force a confession in writing, Aragão Correia lied, pressured and bluffed João Cipriano stating that "some people" wanted him dead, and if he didn't sign the confession that he tried to sell Joana Cipriano he would be murdered in prison.

Just this fact alone, should be an evident proof to the LOA and to the Deontological Council that the lawyer Marcos Aragão Correia does not respect the Code of Conduct nor his colleagues. Along with various breaches of the Code, some of them made visible in Aragão Correia media appearances, the fact that he lied and exerted psychological pressure to get a signed confession is enough reason to suspend Aragão Correia from the continuing mockery of the Portuguese Justice System.

If the LOA and the Council have forgotten their own Code of Conduct [Estatuto da Ordem dos Advogados - PDF], here is a small reminder of the Chapter I, General Principles, under Title III - Professional Deontology, Article 83.
1) The Lawyer is indispensable to the administration of Justice, and, as such, he has to have a public and professional behaviour adequated to the dignity and the functions that he exercises, obliging always with punctiliousness and scrupulousness the duties presented in the Code, and all that the law, the practice, customs and professional traditions impose on him.

2) Honesty, integrity, correctness, loyalty, courtesy and sincerity are professional obligations.

I would also advise the LOA to re-read again Article 85 - 2 a), g) and h); Article 86 - a), g) and h); Article 87 - 1- a). e), and 3); Article 88 - 1), 2) ; Article 89 - 4 a), d) and f) ; [and I could go on and on citing various articles] all the mentioned articles were breached one time or another by the Lawyer Marcos Aragão Correia and can be fundamented in videos, media interviews and articles widely available in the internet.

A final word about Marinho Pinto, Marinho Pinto represents the mainstream 'populist voice' filled with rhetorical demagogy and 'catch-phrases', blaming everyone, attacking on the right and on the left, from journalists to the government opposition without officially accusing anyone just for the sake of being 'populist', polemical, a man with 'brass balls'.

Well, Mr. Marinho Pinto shames the Order, in fact his 'populist' style is a danger to Justice, to the serious Justice, not the one that he plays in the media, like his disciple, Marcos Aragão Correia.




Related: Money Bytes: Marcos Aragão Correia, Public Ministry, Portuguese Bar Association versus Gonçalo Amaral

Justice:‭ ‬Leonor Cipriano’s lawyer suspended,‭ ‬targeted with disciplinary process by the Lawyers‭’ ‬Order

Leonor Cipriano’s lawyer confesses to lying to obtain a confession


1 comment:

  1. He is annother voice which the governmment and the paedophiles want to be silent. He stands against the lobby's of the PS Party and some ministers in Casa Pia case. Corruption go across the politics and the justice... this is evident. Now, we can understand why R. Alves stop being the defendant of the Mccann's... because he wants to be a Minister in a PSD government. If for one day M. Ferreira Leite thinks on his name for any position on her governmment, on that day she starts her political end and the power end of her Party: THE PORTUGUESE HAD MEMORY AND WE NOT ACCEPT ON ANY PUBLIC POSITION ANYBODY WHICH FOR ANY MOMENT DEFEND THE MCCANN'S AGAINST OUR COUNTRY, OUR VALUES, OUR DEMOCRACY. ALL THIS LAWYERS AND THAT POLITICALS BECAME PERSONNA NON GRATTA FOR US AND SHOULD BE KEEPED AWAY FROM PUBLC SERVICES. WE WANT THE CORRUPTION STOPED AND A TOTALLY TRANSPARENT GOVERNMENT. THIS IS THE FUTUR FOR ANY PARTY WHICH WANTS TO RULE THE COUNTRY. Socrates know's that very well but it is to late for him to get ride of all the corruption that he feeds. He stands for his minister of justice because he know's that he know all the bad stories that will let him down if publicised on the Media. It is a game.. which he cannot win anymore.

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