February 2024 Decision Partly Reversed by Lisbon Appeal Court
The Tribunal da Relação de Lisboa has concluded that there are “strong indications” of corruption-related crimes in the investigation involving Ex-Mayor of Funchal Pedro Calado, Avelino Farinha and Custódio Correia.
According to Diário de Notícias, the ruling partly overturns a decision made by an investigating judge in February 2024, when some of the suspected crimes had been dismissed for lack of sufficient indications.
The new ruling from the higher Lisbon Court of Appeal states that the investigation contains enough evidence for several accusations to continue.
The Lisbon Court of Appeal concluded today that there are "strong indications" of the practice of several corruption crimes, improper receipt of advantages, and qualified tax fraud in the process involving former CMF president Pedro Calado and the businessmen Avelino Farinha and Custódio Correia, partially reversing a decision by the investigating judge from February 2024, which had dismissed these indications.
One Defendant Linked to 3 Crimes of Undue Advantage
In the decision released today, the court said one of the defendants faces indications of three crimes involving the undue receipt or offer of advantage, one crime of passive corruption and one crime of aggravated tax fraud.
A second defendant was linked to one crime involving the undue receipt or offer of advantage. A third defendant was associated with one crime of active corruption.
The court did not publicly specify in the ruling which accusations correspond to each defendant.
We have never done anything illegal (Nunca cometemos ilegalidades)
Pedro Calado after detention, February 2024
Court Says There Are “Strong Indications” of Corruption Crimes
The judges wrote that there are “fortes indícios” - translated as “strong indications” - that the crimes under investigation may have taken place.
Under Portuguese law, this does not mean the defendants have been convicted. The ruling concerns the evidence gathered during the investigation stage and whether the case should continue moving through the judicial process.
The suspected crimes include passive corruption, active corruption and aggravated tax fraud, all considered serious financial and public integrity offences in Portugal.
Three Defendants Remain Under Basic Judicial Control Measure
Despite the court’s conclusions, the judges decided not to impose stricter coercive measures on the three defendants.
The only measure kept in place was the “termo de identidade e residência,” a standard legal requirement under Portuguese law. It obliges defendants to provide their address to authorities and remain available to the court during the investigation.
The case has drawn national attention because of the political and business figures involved and because it concerns alleged corruption linked to Madeira.
What Are the Consequences?
The main consequence is that the corruption accusations are legally back in the case and can continue moving forward.
Before this ruling, the investigating judge had removed some of the suspected crimes, saying there were not enough indications. Now, the Tribunal da Relação de Lisboa disagrees and says there is sufficient evidence for those suspicions to remain under investigation.
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