23 October 2009

Leonor Cipriano Case: Jurors waiting for 16 thousand euro

The Faro Court decision that condemned Gonçalo Amaral can only move into appeal after the members of the jury are paid

The eight jurors that were present during the process of Leonor Cipriano against Polícia Judiciária (PJ) agents have not been paid by the Court of Faro, which is delaying the appeals that were filed by the lawyers at the Appeals Court. An amount that exceeds 16 thousand euro has not been paid and is standing in the way of a decision from the Appeals Court, given that the appeals concerning applied sentences and acquittals cannot move from the first instance into the Appeals Court unless the eight members of the jury are paid. The law does not foresee any legal deadline for appeals to reach the Appeals Court.

Five appeals are at issue. One from the lawyer that represents former PJ inspector Gonçalo Amaral, who did not conform over the condemnation for false deposition. One from the representative of Leonor Cipriano, who did not agree with the acquittal of Leonel Marques, Paulo Cristóvão and Paulo Marques Bom. And a third appeal that was written by the lawyers who represent one of the Judiciária agents, António Cardoso, condemned over document forgery.

These three appeals are joined by two that were filed prior to the sentence and for which the PJ agents’ lawyers are responsible. One of the requests focuses on the Lawyers’ Order being made an assistant in the process – which the agent’s defence considers not to be one of the Orders’ purposes and says is at odds with its statutes. And the second one was filed because the defence considers it had a right to hear a statement from Marinho Pinto, the head of the Lawyers’ Order, which was refused because he was an assistant in the process, The defence called Marinho Pinto (given that as a journalist he published Leonor Cipriano’s photos in the “Expresso” newspaper) as a witness, but due to the fact that he made himself an assistant, the judge rejected his witness statement.

This is a total of five appeals that wait for delivery at the Appeals Court in Évora, in order to be evaluated. According to judicial sources that were contacted by i, the case may drag on for some time, given that the Judicial Court of Faro may not have enough financial resources for this year, in order to pay over 16 thousand euro that the jury is owed.

According to the Jurors’ Statute, “after the sentence is read in the first instance, compensation is attributed based on every day that the function was effectively exercised”. This means that each one of the jurors – four effectives and four substitutes – receives one account unit (102 euro) for each day of work. There were approximately 16 court sessions, three meetings of the jurors with the judges and one interview during selection phase, which sums 20 days of pay for each juror.

In this process, in which Leonor Cipriano accused the Judiciária inspectors of torture, it was the defence that requested a jury trial, although the use of jurors is uncommon in Portugal. According to statements made at that time, the defence lawyers wanted “for the people to judge the police agents”.

Less serious cases are tried by a judge.

More serious cases are tried by three judges, or exceptionally, by a jury.



source: i, 23.10.2009

8 comments:

  1. I think that, in Portugal, the judgment by jury must to be asked by one of the parts envolved.
    Who knows if i am right?

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  2. not knowing potugese law,is this good or bad for mr amaral

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  3. Inacreditavel o tempo de antena dado pela justica portuguesa a esta pobre de espirito que nunca soube tomar conta dos filhos. Quando a vejo na TV, instintivamente a cara dela aparece substituida pela de um qualquer animal de quinta, procriador. As maes suinas, bovinas ou de capoeira tem mais responsabilidade e maior sentido do que e a maternidade. E anda a justica portuguesa a perder tempo e a gastar o dinheiro dos contribuintes com este especime de reino indefinido, ja que classifica-la no reino dos animais e insultar todos eles. COMO ME CUSTA IR AS FINANCAS PAGAR OS MEUS IMPOSTOS, PARA OS VER APLICADOS NESTE TRASTE!!

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  4. Not the right place - I know.....

    but, those of you who use peer to peer software, following the release of the Madeleine Foundation book and leaflet on Wikileaks, I have seeded these on Piratebay and Mininova. If you can, please download, ...and leave to seed forever (or as long as you can) - the more people do this, the wider the audience. You can also email the documents to your entire address book quite easily. Spread the message! This is fighting back!

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  5. Anonymous @ 11:38, from my PERSONAL view, this is very bad for Justice, and whatever is bad for Justice, is bad for every one of us. There are appeals pending from all sides, in this case. The practical suspension of procedures is bad for everyone involved, no matter what the ultimate outcome may be. Therefore, it is also bad for Mr Amaral, who has often stated that it is important that the Judicial system WORKS. Please note that this is my personal opinion. Thank you.

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  6. thank you astro,it seems the mr amaral is getting it from all sides
    yet he still remains dignified,what a lovely man he is putting madeleine before himself so that the truth can get out,well thats how i see it

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  7. I have never heard of an appeal being held up because the members of the jury from the initial trial had not been paid yet.
    This to me is absurd. So, the appeal is in limbo and there is no deadline, unbelievable. I'm confused, is this article implying that the same jury and judge will be involved in the appeal trial? From what I read about the initial trial, I couldn't envision any jury in North America convicting Mr. Amaral. I believe at the time that Mr. Amaral was planning to travel to the USA to launch his book. Now that he has a criminal record, I don't think he will be allowed to enter the States. Mr. Amaral is being shafted big time.

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