The still-president Jardim has at last been condemned to pay 4000 Euros compensation for defamation, though he will surely appeal the decision.
The facts date back to the 2009 election campaign, where a group of Social Democrat youths held a pro-regime demonstration while the New Democracy candidates were protesting against the violation of the election laws.
Several of Jardim's party youth wing held up banners - a smear campaign against the new democracy candidates. One of them accused Canha of being a criminal wanted by the Venezuelan justice system. The accusation was totally gratuitous and the youths holding the banner were sued, whereupon, in court, they pointed the finger at Jardim, saying they had been acting on his orders.
They were condemned and a new case was brought against Jardim. Jardim is clearly seen on all the newsreels telling the police to allow the youths to unfurl the banner, because he was the one who gave orders.
Mostrar mensagens com a etiqueta Portuguese justice. Mostrar todas as mensagens
Mostrar mensagens com a etiqueta Portuguese justice. Mostrar todas as mensagens
quarta-feira, 4 de março de 2015
quinta-feira, 15 de janeiro de 2015
Jardim steps down, 2014 in review
Jardim resigned as head of the Regional Government on the 12th of January, following internal elections won by the former mayor of Funchal, Miguel Albuquerque. The latter beat Jardim's appointed successor, Miguel António Correia, in the second round of elections.
2014 was rather depressing. Not only was the Cuba Livre hidden debt investigation shelved by the prosecutor, despite having found that the debt was deliberately hidden. Nobody was held accountable, which is typical of the Public Prosecution in Portugal.
The eight PND activists accused in the protest held in the Jornal da Madeira were convicted. The judge, Joanna Dias, known to be pro-regime even noted that it was not proved that the Jornal is not impartial - when even the candidates to the leadership of the PSD were publicly protesting its being an instrument of Jardim. The judgement is being appealled.
In the light of the judgement, the PND put in a request that the cases brought against the Jornal for election violations be speeded up. Two weeks later they were all shelved with absolutely absurd premises. Such as that the newspaper was not responsible for opinion pieces, ignoring the fact that all the opinion peices were written by Jardim's party members and there was no pluralism of opinion whatsoever. In one case the prosecutor even ignored completely two decisions of the Constitutional Court taken before the elections, which the Jornal chose to ignore. We appealed both.In the first case, the judge maintained the Public Prosecutor's view; in the second, the one with the two decisions of the Constitutional Court, the judge has remained silent...
Gil Canha and I were also convicted in the lower court in two libel cases brought against the Garajau over the Ports case. Last year, however, the Supreme Court acquitted the Sol newspaper, against which the Ports had brought an action against an article which covered most of the same material. As our lawyer pointed out, the jurisprudence is shifting from the Courts protecting the powerful, to protecting the right to criticise, even if the criticisms are unpleasant.
In Court the accusation lawyer made much of his friendship with Cristina Pedra and that she had been appointed advisor to the Court, such was her fantastic reputation. He centered his attack on the fact we were convinced that criminal accusations would result of the investigation, which turned out not to be the case. Our lawyer then proceeded through all the scams the company had made, that despite not being criminal, due to the nature of the company, meant that perhaps Cristina Pedra may not be held up to be the saint she was being portrayed as being, but rather as an ordinary mortal. He noted the political controversy over the ports monopoly, which still exists to this day, and the political role of the Government in maintaining the system, and the sale of its quota of the company soon after the facts which were subject of the investigation became public.
2014 was rather depressing. Not only was the Cuba Livre hidden debt investigation shelved by the prosecutor, despite having found that the debt was deliberately hidden. Nobody was held accountable, which is typical of the Public Prosecution in Portugal.
The eight PND activists accused in the protest held in the Jornal da Madeira were convicted. The judge, Joanna Dias, known to be pro-regime even noted that it was not proved that the Jornal is not impartial - when even the candidates to the leadership of the PSD were publicly protesting its being an instrument of Jardim. The judgement is being appealled.
In the light of the judgement, the PND put in a request that the cases brought against the Jornal for election violations be speeded up. Two weeks later they were all shelved with absolutely absurd premises. Such as that the newspaper was not responsible for opinion pieces, ignoring the fact that all the opinion peices were written by Jardim's party members and there was no pluralism of opinion whatsoever. In one case the prosecutor even ignored completely two decisions of the Constitutional Court taken before the elections, which the Jornal chose to ignore. We appealed both.In the first case, the judge maintained the Public Prosecutor's view; in the second, the one with the two decisions of the Constitutional Court, the judge has remained silent...
Gil Canha and I were also convicted in the lower court in two libel cases brought against the Garajau over the Ports case. Last year, however, the Supreme Court acquitted the Sol newspaper, against which the Ports had brought an action against an article which covered most of the same material. As our lawyer pointed out, the jurisprudence is shifting from the Courts protecting the powerful, to protecting the right to criticise, even if the criticisms are unpleasant.
In Court the accusation lawyer made much of his friendship with Cristina Pedra and that she had been appointed advisor to the Court, such was her fantastic reputation. He centered his attack on the fact we were convinced that criminal accusations would result of the investigation, which turned out not to be the case. Our lawyer then proceeded through all the scams the company had made, that despite not being criminal, due to the nature of the company, meant that perhaps Cristina Pedra may not be held up to be the saint she was being portrayed as being, but rather as an ordinary mortal. He noted the political controversy over the ports monopoly, which still exists to this day, and the political role of the Government in maintaining the system, and the sale of its quota of the company soon after the facts which were subject of the investigation became public.
sexta-feira, 31 de outubro de 2014
Madeira Hidden Debt Investigation Concluded
The "Cuba Livre" investigation into the Madeira hidden debt has been concluded. The Public Prosecutor's Office found that there had been falsification of documents and that the debt had indeed been hidden. However, they conclude that since the State suffered no negative consequences there was no reason to proceed and so the case is not going to Court.
This typical of the impunity nurtured by the Portuguese Justice system.
Not only was the State negatively affected by the hidden debt, the whole of the island's economy has been torpedoed and the taxpayers are landed with the bill.
The Public Prosecution's decision came mere weeks after the Banco Espirito Santo scandal hit the front pages of the world's newspapers. The timing meant that the Madeira hidden debt investigation got minimal press coverage.
The New Democracy Party, which was party to the denounciations, will appeal the decision,
This typical of the impunity nurtured by the Portuguese Justice system.
Not only was the State negatively affected by the hidden debt, the whole of the island's economy has been torpedoed and the taxpayers are landed with the bill.
The Public Prosecution's decision came mere weeks after the Banco Espirito Santo scandal hit the front pages of the world's newspapers. The timing meant that the Madeira hidden debt investigation got minimal press coverage.
The New Democracy Party, which was party to the denounciations, will appeal the decision,
terça-feira, 8 de julho de 2014
Jornal Trial Over
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Selfie of the accused with lawyer on the steps of the Court
The trial of the protest against the Jornal's continued violation of the election laws finished last week. The judgement is due on the 24th.
None of the cases brought against the Jornal by the National Comission of Elections has yet reached Court.
The last few months have been taken up with a marathon of court trials brought by the Jornal and the Ports, which are not quite finished. They resume in September
sexta-feira, 4 de abril de 2014
Former administrator of Municipal Company convicted to three years imprisonment
Paulo Rosa Gomes, former Funchal City company Frente Mar has been convicted for the wonderfully euphemistically termed crime of 'economic participation in a business', which to all intents and purposes seems to mean embezzlement. His wife and a salesman were also convicted.
In practice, they were found to have pocketed Money for the rental of sun beds and sunshades, which is part of the business of the bathing resorts owned by the city. They were also condemned to pay Frente Mar a sum total of 68.000 Euros in damages, corresponding to the amount that they allegedly pocketed.
Rosa Gomes left Frente Mar in 2007 and remained advisor to the former Mayor, Miguel Albuquerque, until the end of his term in office, last year.
The jude said that the justice system could not be seen to be soft on powerful people, especially where white colar crime is concerned. Rosa Gomes is expected to appeal the sentence.
Source: DN
In practice, they were found to have pocketed Money for the rental of sun beds and sunshades, which is part of the business of the bathing resorts owned by the city. They were also condemned to pay Frente Mar a sum total of 68.000 Euros in damages, corresponding to the amount that they allegedly pocketed.
Rosa Gomes left Frente Mar in 2007 and remained advisor to the former Mayor, Miguel Albuquerque, until the end of his term in office, last year.
The jude said that the justice system could not be seen to be soft on powerful people, especially where white colar crime is concerned. Rosa Gomes is expected to appeal the sentence.
Source: DN
quinta-feira, 3 de abril de 2014
The Lifting of Immunity for Members of the Government accused of crime voted for the 1st time in Madeira
The lifting of the immunity from prosecution of members of the Government was voted for the first time in the Madeiran Parliament - but with a curious twist!
Hitherto, the Chair of the Parliament merely read the correspondence among which would figure letters from members of the Government requesting the non-lifting of their immunity from prosecution, and these, it seemed, often went unnoticed among the chit-chat of the MPs.
The New Democracy Party (PND), however, has long been trying to get the Public Prosecutor's requests voted, as already happens for the MPs themselves - but only after the newspapers (Garajau among them) exposed the MPs abuse of Parliamentary Immunity.
The New Democracy MPs (I am currently replacing Helder Spinola) have been challenging the Chair's procedure every time one of these cases crops up - which is remarkably frequent.
At the end of last year, in response to Helder's challenges, the Chair called for a legal written advice from a top constitutionalist, which duly materialized but was nevermore mentioned. I requested a copy and discovered why. The advice stated unequivocally that the authorization for the lifting or not of parliamentary immunity HAD to be voted.
Yesterday, for the first time, and giving the due credit to the PND, the Chair put no less than three requests for the lifting of immunity of government to the vote. To my great surprise, the two major opposition parties, the Christian Democrats and the Socialists voted AGAINST the lifting of parliamentary immunity.
Those who so often denounce corruption and denounce the inefficiency of the justice system are PROTECTING government members whenever the justice system does act! They complain, for example, of election fraud, but they are accomplices in protecting Jardim from prosecution in two separate cases brought against him for violating the election law.
Hitherto, the Chair of the Parliament merely read the correspondence among which would figure letters from members of the Government requesting the non-lifting of their immunity from prosecution, and these, it seemed, often went unnoticed among the chit-chat of the MPs.
The New Democracy Party (PND), however, has long been trying to get the Public Prosecutor's requests voted, as already happens for the MPs themselves - but only after the newspapers (Garajau among them) exposed the MPs abuse of Parliamentary Immunity.
The New Democracy MPs (I am currently replacing Helder Spinola) have been challenging the Chair's procedure every time one of these cases crops up - which is remarkably frequent.
At the end of last year, in response to Helder's challenges, the Chair called for a legal written advice from a top constitutionalist, which duly materialized but was nevermore mentioned. I requested a copy and discovered why. The advice stated unequivocally that the authorization for the lifting or not of parliamentary immunity HAD to be voted.
Yesterday, for the first time, and giving the due credit to the PND, the Chair put no less than three requests for the lifting of immunity of government to the vote. To my great surprise, the two major opposition parties, the Christian Democrats and the Socialists voted AGAINST the lifting of parliamentary immunity.
Those who so often denounce corruption and denounce the inefficiency of the justice system are PROTECTING government members whenever the justice system does act! They complain, for example, of election fraud, but they are accomplices in protecting Jardim from prosecution in two separate cases brought against him for violating the election law.
domingo, 23 de março de 2014
Quinta do Lorde Saga
The storm over middle eastern investors pulling out of the mega-investment, Quinta do Lorde, is abating.
The Quinta do Lorde resort is a huge resort built in a Natura 2000 nature reserve, according to legislation adopted by EU governments in 1992 to protect the most seriously threatened habitats.
The land was originally site of a house built by Lord Shrewsbury, but which he never got to inhabit. After years of disinterest, and with very limited development possibilities it was bought by Ricardo Sousa, for next to nothing. But, as usual, once it belonged to the 'right' people all restrictions melted; the sky was the limit.
However, as usual, the plans were contested by environmental NGOs and activists. In 2008, Gil Canha, (now recently elected city councilor to Funchal), presented a denunciation to the Public Prosecutor's Office. A year later, when nothing had happened he put in an injunction against the development. The judge, despite admitting there were indications of illegality, determined not to defer the injunction because of the economic consequences the promoters of the project would suffer. The main case was duly filed but only recently registered.
In the meantime, the project had run into financial difficulties and ground to a halt several times. The banks sought for new investors and eventually found a consortium of middle eastern investors who duly began to pour in much needed money. However, they were apparently never informed of the pending court case and of its consequences - in Spain the Marina Isla de Valdecañas resort, also built in a Rede Natura 2000 reserve was ordered demolished by the Supreme Court.
Contacted by the consortium, Gil Canha showed willingness to drop the case (Portuguese Justice is no match for Spanish justice and the effects of demolishing the project could not undo the damage) in return for the fulfillment of some environmental demands, such as public access tot the beachfront - but nothing doing until the Sousas stopped persecuting him and others (including myself) through court cases.
The Sousas then orchestrated several workers demonstrations in front of Funchal City Hall calling for Canha to step down for causing the loss of their jobs. Their actions failed to carry public opinion.
The Sousa Group are incidentally shareholders of the company contracted by the previous executive of Funchal City to draw up its new city plan and regulations!
The Quinta do Lorde resort is a huge resort built in a Natura 2000 nature reserve, according to legislation adopted by EU governments in 1992 to protect the most seriously threatened habitats.
The land was originally site of a house built by Lord Shrewsbury, but which he never got to inhabit. After years of disinterest, and with very limited development possibilities it was bought by Ricardo Sousa, for next to nothing. But, as usual, once it belonged to the 'right' people all restrictions melted; the sky was the limit.
However, as usual, the plans were contested by environmental NGOs and activists. In 2008, Gil Canha, (now recently elected city councilor to Funchal), presented a denunciation to the Public Prosecutor's Office. A year later, when nothing had happened he put in an injunction against the development. The judge, despite admitting there were indications of illegality, determined not to defer the injunction because of the economic consequences the promoters of the project would suffer. The main case was duly filed but only recently registered.
In the meantime, the project had run into financial difficulties and ground to a halt several times. The banks sought for new investors and eventually found a consortium of middle eastern investors who duly began to pour in much needed money. However, they were apparently never informed of the pending court case and of its consequences - in Spain the Marina Isla de Valdecañas resort, also built in a Rede Natura 2000 reserve was ordered demolished by the Supreme Court.
Contacted by the consortium, Gil Canha showed willingness to drop the case (Portuguese Justice is no match for Spanish justice and the effects of demolishing the project could not undo the damage) in return for the fulfillment of some environmental demands, such as public access tot the beachfront - but nothing doing until the Sousas stopped persecuting him and others (including myself) through court cases.
The Sousas then orchestrated several workers demonstrations in front of Funchal City Hall calling for Canha to step down for causing the loss of their jobs. Their actions failed to carry public opinion.
The Sousa Group are incidentally shareholders of the company contracted by the previous executive of Funchal City to draw up its new city plan and regulations!
'Face Oculta' corruption Trial may be subject to retrial
The defense in the Face Oculta Trial is appealing for a retrial, leading to the annulment of 180 hearings. As always in Portugal, what is at stake is never the content of the accusations but the formalities of Portuguese justice. In this case the trial may fall because the defense argued that thirty days have elapsed since the last production of evidence. In fact, in the last hearing, a series of photographs were added to the evidence, but the defense argue this is not production of evidence and therefore the whole trial should go to pot. Once again, the only thing that seems to function in Portuguese justice is the 'prazos': deadlines.
The defense will argue that the accusations be dropped due to the ex-president of the Supreme Court destroying the tapes of the phone taps made on conversations between the ex-prime minister Socrates and Armando Vara, claiming that hypothetical evidence in the tapes could absolve the accused. No little irony.
Source: Expresso
sexta-feira, 21 de março de 2014
Case against former head of Millenium Bank prescribes
The court case against Jardim Gonçalves, former head of the Millenium Bank has prescribed, amidst mutual accusations between the Bank of Portugal and the Justice system.
The Bank of Portugal blames the judge for allowing the process to prescribe. The case was subject to 35 hearings, at the end of which, after hearing the testimony of the whistleblower, the judge decided that the denunciations were nul. The Court of Appeal and the Constitutional Court determined otherwise, but the delay caused, of over two and half years, led to the case prescribing.
The Superior Magistrates Council riposted that the Bank of Portugal had taken five years to formulate their accusation, a factor which contributed greatly to the crimes prescribing. Portuguese justice at its best!
Moral of the story: the only thing that works in Portuguese Justice are the famous 'prazos': time limits.
The Bank of Portugal blames the judge for allowing the process to prescribe. The case was subject to 35 hearings, at the end of which, after hearing the testimony of the whistleblower, the judge decided that the denunciations were nul. The Court of Appeal and the Constitutional Court determined otherwise, but the delay caused, of over two and half years, led to the case prescribing.
The Superior Magistrates Council riposted that the Bank of Portugal had taken five years to formulate their accusation, a factor which contributed greatly to the crimes prescribing. Portuguese justice at its best!
Moral of the story: the only thing that works in Portuguese Justice are the famous 'prazos': time limits.
quarta-feira, 8 de janeiro de 2014
2014 A year of trials
The year 2014 is for me the year for Justice because it is also a year of trials.
Despite this end-of-regime decadence when even Bertie's top party members are dissenting and denouncing persecution, election-rigging, and funniest of all, that the PSD has become one-man-show, the Justice system has suddenly seen fit to finish all the remaining Garajau cases in one go. Don't get me wrong, I find it fantastic that the Justice system is getting its act together - I only object to its one-sidedness. The corruption cases and cases of election violations etc remain on the back burner, with no signs of moving ahead. The libel cases against those who denounce what's wrong (the word corruption cannot be used in Portugal since such a thing does not exist in this country) move speedily towards conclusion.
As I was saying all the remaining cases of the Garajau are to reach a conclusion this year. By last year, of the dozens and dozens of criminal complaints against the Garajau, only eight remained. And if anyone was wondering why this blog had been rather silent of late, the reason is that we had eight overlapping trials set start between the November 2013 and February this year. All the remaining eight cases were to go on trial within a four-month period! The justice system is busy with us!
Of these eight, two have been disposed of. Of the six remaining ones, four have been moved by the ports monopoly. Three of these cases pertain to the same factual matter and, cumulatively, a compensation of five hundred and fifty Euros in damages is being asked… for a satirical newspaper with an edition of 1500, less than half of which sold. Such hefty compensations are very dissuasive indeed and the fact is that the ports have since largely been left to their own devices, both by regional and national papers. But the insistence to prosecute has lead me to take up the matter again, and look into the justice system's follow-up to the ports investigation, which is proving rather interesting.
Since I have decided that I will devote this year to writing about Justice rather than politics, I will be doing a review of the ports case and other such investigations, while simultaneously relating the developments in the various trials.
Despite this end-of-regime decadence when even Bertie's top party members are dissenting and denouncing persecution, election-rigging, and funniest of all, that the PSD has become one-man-show, the Justice system has suddenly seen fit to finish all the remaining Garajau cases in one go. Don't get me wrong, I find it fantastic that the Justice system is getting its act together - I only object to its one-sidedness. The corruption cases and cases of election violations etc remain on the back burner, with no signs of moving ahead. The libel cases against those who denounce what's wrong (the word corruption cannot be used in Portugal since such a thing does not exist in this country) move speedily towards conclusion.
As I was saying all the remaining cases of the Garajau are to reach a conclusion this year. By last year, of the dozens and dozens of criminal complaints against the Garajau, only eight remained. And if anyone was wondering why this blog had been rather silent of late, the reason is that we had eight overlapping trials set start between the November 2013 and February this year. All the remaining eight cases were to go on trial within a four-month period! The justice system is busy with us!
Of these eight, two have been disposed of. Of the six remaining ones, four have been moved by the ports monopoly. Three of these cases pertain to the same factual matter and, cumulatively, a compensation of five hundred and fifty Euros in damages is being asked… for a satirical newspaper with an edition of 1500, less than half of which sold. Such hefty compensations are very dissuasive indeed and the fact is that the ports have since largely been left to their own devices, both by regional and national papers. But the insistence to prosecute has lead me to take up the matter again, and look into the justice system's follow-up to the ports investigation, which is proving rather interesting.
Since I have decided that I will devote this year to writing about Justice rather than politics, I will be doing a review of the ports case and other such investigations, while simultaneously relating the developments in the various trials.
segunda-feira, 6 de janeiro de 2014
2014. The year for Justice
My problem with politics in Madeira can no longer be considered political. Yes, we have an idiotic dictatorship, bit the problem is not the idiotic dictatorship itself. The problem lies in the dysfunctional justice system that allows the law to be trampled and democracy to be totally subverted.
Anyone who likes watching crime investigation thrillers or trial dramas on TV would be sorely disappointed by Portuguese justice. In fact, I'm sure that's the reason these genres do not even exist in Portugal. The reality is so drab and pathetic that it is not even good material for comedy.
As far as Public Prosecution goes, most of the time, the employees are not only demotivated, they don't know what they are doing, or have been instructed not to think. I was once called in for questioning on a case for which I had compiled a detailed dossier and was asked a series of inane questions, simple facts of time and place. I pointed out that all the information was exhaustively documented in the dossier submitted. The investigator looked at a loss for a moment and then began to ask me another series of questions about facts that were also documented. I was flummoxed and asked why I was being asked these questions. "Well, you don't expect the judge to actually read through this whole dossier do you?"
Portuguese justice is infinitely good as splitting hairs and debating formalities. The law is a realm of its own and totally divorced from reality. If it is forbidden to ride a horse down a street one could argue that the law had not specified white horses, so that is actually permitted to ride white horses down the street or mares or zebras. As a consequence of such absurd nitpicking, the spirit of the law counts for nothing, and taking advantage of the infinite numbers of appeals allowed - if you pay top lawyers - you can argue any law away into insignificance.
But to deal with the obvious and the blatant somehow seems to overburden the Portuguese system and fuses burn: Its forbidden for the Government to hide debt; the Madeira President publicly boasts he has done this; Its too much information for the Justice system to handle; nothing happens.
An investigative thriller in Portugal would amount to filming a bunch of people sitting behind desks, bored as hell, surrounded by piles of files and yawning. Cut to a nighttime scene of judges partying with the crooks they are supposed to be judging the following day.
Anyone who likes watching crime investigation thrillers or trial dramas on TV would be sorely disappointed by Portuguese justice. In fact, I'm sure that's the reason these genres do not even exist in Portugal. The reality is so drab and pathetic that it is not even good material for comedy.
As far as Public Prosecution goes, most of the time, the employees are not only demotivated, they don't know what they are doing, or have been instructed not to think. I was once called in for questioning on a case for which I had compiled a detailed dossier and was asked a series of inane questions, simple facts of time and place. I pointed out that all the information was exhaustively documented in the dossier submitted. The investigator looked at a loss for a moment and then began to ask me another series of questions about facts that were also documented. I was flummoxed and asked why I was being asked these questions. "Well, you don't expect the judge to actually read through this whole dossier do you?"
Portuguese justice is infinitely good as splitting hairs and debating formalities. The law is a realm of its own and totally divorced from reality. If it is forbidden to ride a horse down a street one could argue that the law had not specified white horses, so that is actually permitted to ride white horses down the street or mares or zebras. As a consequence of such absurd nitpicking, the spirit of the law counts for nothing, and taking advantage of the infinite numbers of appeals allowed - if you pay top lawyers - you can argue any law away into insignificance.
But to deal with the obvious and the blatant somehow seems to overburden the Portuguese system and fuses burn: Its forbidden for the Government to hide debt; the Madeira President publicly boasts he has done this; Its too much information for the Justice system to handle; nothing happens.
An investigative thriller in Portugal would amount to filming a bunch of people sitting behind desks, bored as hell, surrounded by piles of files and yawning. Cut to a nighttime scene of judges partying with the crooks they are supposed to be judging the following day.
quinta-feira, 26 de setembro de 2013
Welsh and Canha vs Portugal at the European Court Verdict
The European Court has overturned a verdict condemning myself and Gil Canha of difamation. The case was brought against us by the Vice President of Madeira, Cunha e Silva, for a report written in the satirical newspaper, Garajau.
The article was about the contracting of the lawyer, Garcia Pereira, a leader of the Portuguese Maoist Party, MRPP, resorting to government funding to sue the Garajau over articles on the dealings of Cunha e Silva.
The accused were absolved in the lower Court, where the judge made some very pertinente observations on the way public funding was being against the press. The appeals Court, though not calling into question the substance of the facts, overturned the ruling, condeming us to pay compensation to the Vice President.
The European Court has now overruled that verdict, saying the judgement violated article 10 of the convention and ntoing that such procedures were detrimental to press freedom.
See:
http://hudoc.echr.coe.int/sites/eng/pages/search.aspx?i=001-126356
The article was about the contracting of the lawyer, Garcia Pereira, a leader of the Portuguese Maoist Party, MRPP, resorting to government funding to sue the Garajau over articles on the dealings of Cunha e Silva.
The accused were absolved in the lower Court, where the judge made some very pertinente observations on the way public funding was being against the press. The appeals Court, though not calling into question the substance of the facts, overturned the ruling, condeming us to pay compensation to the Vice President.
The European Court has now overruled that verdict, saying the judgement violated article 10 of the convention and ntoing that such procedures were detrimental to press freedom.
See:
http://hudoc.echr.coe.int/sites/eng/pages/search.aspx?i=001-126356
terça-feira, 19 de março de 2013
Portuguese legislative nonsense - Limit of mandates for Mayors
The Portuguese Parliament passed a law limiting mayors to three mandates - very well.
The law is ambiguous as to whether a mayor, having reached his limit, can then be candidate for different municipality.
Instead of proposing and ammendment to the law to clarify the situation, the parties leave it to the Courts and the justice system to decide, thus wasting everybody's time and the state's valuable resources - of which the justice system is very short - dragging the issue out for years to come and no doubt lining the pockets of many a lawyer.
The law is ambiguous as to whether a mayor, having reached his limit, can then be candidate for different municipality.
Instead of proposing and ammendment to the law to clarify the situation, the parties leave it to the Courts and the justice system to decide, thus wasting everybody's time and the state's valuable resources - of which the justice system is very short - dragging the issue out for years to come and no doubt lining the pockets of many a lawyer.
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