Jornal Trial Over

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

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.

 

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

Former Socialist leader again criminally prosecuted by Jardim

The former Madeira Socialist Party leader, João Carlos Gouveia is to stand trial for allegedly defaming Jardim next Thursday. I will be a witness for the defense.

The trial is another political farce, starting with the fact that the crime is supposed to be harsher due to Jardim being President of the Regional Government. That is the first big joke, for Jardim has no legitimacy due to the fact that his victories were won violating the election laws and resorting to Nazi-style hate speeches which in a decent country would have had him behind bars, if not in a loony bin. Yet despite all the proof in the hands of the Public Prosecutor's Office they seem somehow unable to draft an accusation to take the bggr to trial.

To Jardim, these policial trials are all a great joke. He shunts public money into the pockets of one of his lawyer friends, in this case his pal the PSD regional MP, Tranquada Gomes, and if things go well he gets to pocket a few thousand. Its one of Jardim's favourite hobbies, especially since it does not cost him anything...

But the funny thing it seems some one of the Public Prosecutors seems to also want to get in on the action. Maria Gameiro, the Deputy Public Prosecutor who notoriously shelved the fraud case against the Jornal - apparently she's ignorant of the law and blind to it - is also taking Gouveia to Court for slander. I really look forward to testifying in that case, I am only sad that it has been postponed.

Former Madeira Socilaist leader acquitted of difamation

João Carlos Gouveia, former leader of the Socialist Party in Madeira was today acquitted of difamation.

The acusation reported to the period of the 2005 Municipal Elections when Gouveia was candidate for Mayor of São Vicente and the commander of the Vouluntary Firemen stood as a candidate for the PSD

In an interview to the Tribuna newspaper, the accused had stated: There is no sense in the current high level of conflictuality, when the person in charge of the the firemen threatens his subalterns that they may loose their jobs if they don't vote for the PSD.

The judge maintained that the words of the accused, whose car was set on fire during the election campaign, were acceptable as part of the freedom of expression and criticism within the context of political speech, although he admonished the accused for being unable to prove what he had said in the interview.

Gouveia was also acquitted for allegedly distributing political propaganda on the pre-election day of reflection. Gouveia had distributed a letter in defending his honour in answer to a letter smearing his name, distributed by PSD members on the last day of the election campaign.

José Manuel Coelho's convict protest in Parliament

 

José Manuel Coelho, MP for the Labour Party PTP, turned up in Parliament last week dressed as a convict as a protest against the Portuguese justice system. Coelho was condemned for difamation in a case involving Jardim and his Vice-President. I am condemned for telling the truth, he says. Coelho stated he would not appeal the decision and wanted to be sent to prison to show how biased some of the judges in Madeira are.

 

The day of the protest Coelho was absolved in another case brought against him by the Vice President, who had asked for 75.000 Euros in compensation. Such cases are moneyspinners for Jardim and his chronies, who resort to Government finance to ask for substantial personal compensations.

 

 

 

Eight charged over Jornal protest

The Public Prosecutor´s Office is bringing criminal charges against 8 candidates of the PND, New Democracy Party, for the protest carried out against the Jornal da Madeira during the last regional elections campaign. The Eight are:

Marcio Amaro, actor
Dionisio Andrade, retired journalist, former president of the Madeira journalist's trade union
Helder Spinola, University lecturer, former president of the environmental NGO Quercus
Joel Viana, PND General Secretary, teacher
António Fontes, lawyer
Gil Canha, City Councilor, former head of environmental NGO Cosmos
Baltasar de Aguiar, lawyer
Eduardo Welsh, sinologist

Criminal proceedings were brought by the Jornal's director, Rui Nobrega Gonçalves, no stranger to the Public Prosecutor's Office himself. Nobrega has been investigated several times by the Criminal Police and the Public Prosecutor's Office, but he seems to lead a charmed life. Recently, a corrupt magistrate in the Public Prosecutor's Office threw out an investigation into fraud at the Jornal which had been instigated at the request of the Court Auditors. The corrupt magistrate, by all accounts a friend of Nobrega's wife, who is a judge, simply chose to turn a blind eye to the law.

Nobrega's luck, however, seems to be changing, and his days of impunity may be over. The editor of the Jornal is being charged by the Public Prosecutor's Office with violation of the election law and the Public Prosecutor's Office has ruled that the charges have to be extended to the Company itself and therefore its Director, Nobrega. This is the first of four charges of election law violation brought against Bertie's paper.

Condemned for Libel

The author of this blog has been condemned to pay 6000 Euros to the manager of the Jornal da Madeira, Rui Nobrega as a result of a civil suit. The case was brought against the Garajau newspaper for a report on the criminal investigation carried out by the Investigative Police on the performance of Rui Nobrega when he was acting as a bankruptcy executor.

The investigation found that contrary to regulations, Nobrega failed to open an account in the name of the creditors, using instead the personal account of himself and his wife - a judge. The bankrupt company, called Masiluz, belonged to one of Jardim's chronies, Manuel da Luz, who regularly accompanied Jardim in his summer banquets (paid by public and private companies), known as the 'summer university'. Nobrega sold part of the goods of the bankrupt company back to a company belonging to Manuel da Luz's son in law, at prices which did not benefit the creditors. Nobrega was acquitted by the judge before the trial phase - he claimed not to know the connection between the two parties. The Investigative Police was reportedly unhappy about the acquittal, but had no power to appeal the decision. The Court found that the Garajau article was slanted against Nobrega, raising questions as to his acquittal.

In its few years of existence, the Garajau satirical newspaper was target of dozens and dozens of court cases, which all added up, asked for close to a million Euros in compensation. Most of the cases were thrown out or dropped. But the Garajau still had to pay thousands of Euros in judicial fees. Many of the cases were brought by members of the Regional Government and were paid for by the taxpayer. The Garajau was acquitted in all the criminal suits that went to Court, except one case which is pending at the European Court of Human Rights. One case was dropped during the trial phase itself when witnesses called for the prosecution divulged information that could have lead to self-incrimination.

Rui Nobrega has been the subject of various investigations and has been very gently dealt with, not to say protected, by the Public Prosecutor's Office. In 2009, the Court Auditors sent their report to the Public Prosecutor's Office in order that they invstigate the 'fake business' of the Jornal cover price. The Jornal has a cover price of 10 cents, but is distributed for free. The distributor 'bought' the Jornal and then was paid handsomely for distributing the Jornal for free. The 10 cent cover price was and is a ruse to recieve the official publicity of the municipalities, which by law can only be made in paid newspapers. The Public Prosecutor's Office, after two years of so-called investigation, shelved the case saying that the 10 cent cover price had no juridical relevance ...omitting any reference to the law that prohibits official municipal publicity in freeby newspapers.

City Councilor's Property Juridically seized

The house of Filipe Sousa, City Councilor for Sta Cruz Municipality, has been the subject seizure by court order. Filipe Sousa leads the Together for the People Movement, who elected three city councilors for Sta Cruz, nearly wresting power away from Jardim's Party.

The Court order comes in the wake of the Councilors having revoked a municipal decision to go ahead with a ruinous project, which would have delapidated the finances of the already half bankrupt city.

The project involved highly connected PSD businessmen, who acquired a property (Quinta Escuna) from the Jardim's Social Democrat Foundation, and intended to build a center to be leased to the Municipality on terms that were very generous indeed for themselves and would be absolutely ruinous for the Municipality.

Sousa sees the move as a form of vengeance and intimidation on the part of the PSD.

Jardim- Hitler case - Carlos Pereira

Carlos Pereira is a Socialist MP. Unlike Jardim’s followers, he has no difficulty in identifying the targets of Jardim’s call to violence or in understanding his message.

Defense Lawyer - The paper had a written phase “the people ‘take care’ of them while I go on working”. This is an extract of part of a longer speech made by Jardim in an inauguration in Câmara de Lobos, before many people, during which, among other things, Jardim said “these people are back again, through the boys of the younger generation, wanting to turn back, to turn back to the era of fascism, to the time when those who produced sugar cane were exploited, were mistreated at the gates of the Hinton [factory]”. And then Jardim said: “faced with this hypocritical behavior of the opposition, where the communists are in league with the fascists and with the socialists, who accompany this attack against the people and freedom”. And it ended with that appeal to the people that they ‘take care of them’ while he went on working. The news came out following this speech, quoting the phrase, the text, and I ask: at whom was Jardim directing his speech? Can one understand, through Jardim’s words (of course he normally never names people), but with these words of his speech, who was he referring to?

Witness - Well, naturally, Dr. Jardim was referring to all those who normally disagree with his discourse, with his stances, with his options and his politics. In this particular case, following the news of the ‘Garajau’, he was directing himself specifically to those people who have lately been linked to the PND (New Democracy Party), this much seems obvious...

Lawyer - Does the accused form part of this group?

Witness -  Yes, yes.

Lawyer - Dr. Jardim often refers to fascists, and I ask, how does he habitually treat those people who form the PND and the PND itself?

Witness - He often calls them fascists, naturally. That has been habitual speech...

Lawyer - Dr. Jardim’s normal speech, when he refers to the PND is to say fascism, to link them to fascism, is that it?

 Witness - Yes, that’s the speech.

Lawyer - In inaugurations and public functions?

Witness - Yes, in inaugurations and public functions. In the last elections, we saw this publicly various times. It happened several times.

Lawyer - As a normal reader or listener, who keeps up with politics, how do you understand that phrase ‘the people ‘take care’ of them while I go on working’?

Witness - Well, once again, it’s the norm. Those of us who live in Madeira know this trait of Dr. Jardim. Dr. Alberto João Jardim creates an environment of persecution. We live in a society in which the persecutory nature of the regime is clear. And so what this means, it is that which he has been nurturing in the last years, which is the sense of persecuting those who criticize him and who, in any way, deconstruct the absurdity of his politics. There is nothing strange and nothing new in this.

Judge – Excuse me Dr., persecution in what sense? Could you be precise.

Witness - Persecution at various levels. Yes, Yes. Persecution…I can. Persecution at various levels. As you know, Your Honor, persecution is not necessarily pursuing people. There are various forms of doing it, be it in someone’s professional career, be it through family members, through the businesses someone may have, if they happen to be business people, or be it through their, well, their own…mistreating people’s honor.. Judge – But can you give a more concrete meaning to the expression ‘the people ‘take care’ of them while I go on working’?

 Witness - Yes, it means persecute them. It means persecute them, to the extent of, well, of physical aggression. That is what I understand of this phrase.

Judge – You understand that there is here an implicit…an implicit incitement to physical violence?

Witness - Yes there is, at the limit, an incitement to physical violence, without a doubt.

Judge – “Take care of them” can be a bit ambiguous, not so?

Witness - Yes, but it can also be physical violence.

Judge – It can be many things.

Witness - Or be it, the ambiguity can be many things but it can be…

Judge – It could be referring to treatment of wounds and to nursing? 

Witness - No, Dr. Alberto João Jardim was certainly not referring to nurses and the treatment of wounds. I think Your Honor understands this.

Judge – Would he necessarily be referring to beating those people who disagree with him?

Witness - At the limit, yes, I think so.  We who live in Madeira don’t have many doubts about that. It has happened, such situations have occurred, and so it doesn’t seem, well, that there is anything surprising in the expression that Jardim used. In this regime there are people who are more papist than the Pope, and Dr. Jardim is aware of that. In other words, he knows he has a core, a group, a movement of people who are disposed, if encouraged, duly encouraged, and if they feel they have impunity, and that many times happens, to carry out [his orders]. And this happens in particular circumstances. It has happened before, so it doesn’t seem very strange to me. Unfortunately, that’s the understanding of those who live in Madeira.

Lawyer – Faced with this speech and this photomontage, how does an average reader, in your case, how did you see this? Was it an upardonable offense to Dr. Jardim? Na attempt to vilify Dr. Jardim on a first page? Or did you see it in another way?

Witness – I saw it as a consequence of Dr. Jardim’s actions, in other words, that which is portrayed in a newspaper that normally, well, satirizes the life, the living experience of the Autonomous Region of Madeira. What it does is to basically translate into an image that which has been the behavior of Dr. Jardim in recent years. And Dr. Jardim’s behavior has much that the figure represents. Authoritarianism, persecution, as I said, well, the castration of the very freedom of expression, which in fact goes on in the Autonomous Region of Madeira through various means. Not necessarily in the ways witnessed in Nazism, but through means whose objective…the means are different, but the objective ends up by being the same and the results are, unfortunately, very similar.

Jardim - Hitler case witness testimonial. Luis Dantas

Jardim is appealing against the acquittal of Eduardo Welsh in the Hitler photomontage case. The image was created to denounce an extremely violent speech, made by the President, in which he stated that his opponents wanted to install a fascist regime and incited the people to violence against them. None of Jardim’s friends and collaborators were able to interpret the speech and none understood what was meant by his call to use violence. The testimonies of his friends are very revealing. Below is the transcript of the President’s Chief of Staff, Luis Dantas.

Lawyer - There's this speech: 'those people are back again through the boys of the new generation, wanting to return to the time of fascism, wanting to return to the time when those who produced sugar cane were exploited and mistreated at the gates of the Hinton factory. The opposition is hypocritical; the communists are in bed with the fascists and the socialists.' I would like to ask you, who is the opposition which is made up of communists and fascists and socialists in league with the fascists? Who is this speech referring to? 

Witness - Sorry? Sorry?

Lawyer - This speech is directed at someone, do you know the speech? Who could have made this speech? 

Witness - I don't know the speech, I know some isolated phrases of it, but the speech itself I don't know ...

Lawyer - But who made it, who is the author of this speech?

Witness - I don't know. There are so many people that...

Lawyer - You can't guess who it may be?

Witness - No, I can't guess, I don't know who it is.

Lawyer -  If I told you it was Dr. Alberto João Jardim, would you be surprised?

Witness  - I mean, I know Dr. Alberto João Jardim well, Its natural that he would have said this but I can't say ...

Lawyer -  Would you be surprised if I said this speech was Dr. Jardim's?

Witness - No

Lawyer -  No, of course not

Witness - But also… after all the long years that I'm there, I have an obligation to recognize Mr. President's style.

Lawyer - This speech is in fact Dr. Jardim's, it was made recently, on the 11th November 2008. My question is, who were the people that Dr. Alberto João Jardim was referring to in this speech? I'll put you at ease here, none of the witnesses who are friends of Dr. Jardim, not one, was able to fathom who he was talking about in these phrases.

Witness - I don't know who its aimed at.

Lawyer -  Does Dr. Jardim speak so elliptically that no one understands who he is talking about… Who he is aiming at?

Witness - Don't know, no idea.

Lawyer - Who are the fascists who are in league with the communists and the socialists who are in league with the fascists?

Witness - Its abstract, he's not saying its this one or that one. Its abstract, that's what he's saying. Now I can't say if its A or B or C.

Lawyer - Might you at least have an idea of who it might be?

Witness - No idea.

Lawyer - Look at the front page title of the Jornal "Jardim alerts to the return of fascism!".

Witness - You'll have to ask Mr. President what that means, its no me …

Lawyer - But who is it…you're listening to this, who's going to 'wear this hat'?

Witness - Those who don't abide by the rules of democracy, I think.

Lawyer - Who?

Witness - Those who don't abide by the rules of democracy, it must be aimed at those people who don't abide by the rules of democracy, nothing else.

Lawyer - But who are those people who don't abide by the rules of democracy?

Witness - I don't know.

Lawyer - According to Dr. Jardim's ideas?

Witness - I'm sorry I can't specify who they are. I don't know.

Lawyer - Does this reference to Hinton give any clues? 'The people who were mistreated at the gates of Hinton'. The new generations, the fascists of the new generations?

Witness - I don't know, I've not a clue who they are. You'll have to ask Mr. President who it is, not me .

Lawyer - He said he wasn't talking about anyone in particular.

Witness - There you go, you see.

Lawyer - But do you find it normal that such an abstract speech, that's not aimed at anybody, makes the frontage headlines "Jardim alerts to the return of fascists". Do you find it normal?

Judge - The witness has already directly answered you questions as to who this speech was aimed at. 

Lawyer -You are familiar with Dr Jardim's personality, has he ever called any rival a fascist?

Witness - Sorry? .

Lawyer - Has Dr. Jardim ever, do you recall him ever calling any opponent a fascist?

Witness - I don't know, he sometimes says that.

Lawyer - Or national-socialist?

Witness - Yes, I've heard him say, him call...

Lawyer - National fascist and national-socialist?

Witness - Not that one.

Lawyer - You don't remember?

Witness - Não.

Lawyer - During the government of Eng. Sócrates, you don't remember making some puns with the words national-socialists?

Witness - No, I don't remember, no.

Lawyer – ‘This socialism that is national-socialism’, you don't recall?

Witness - I know what it is but I don't remember Mr. President having...

Lawyer - You don't remember that?

Witness - No, no, no, no

Lawyer - And fascists, do you remember? Who were the fascists? Who were the fascists?

Witness - I don't know. Not a clue… I mean, Mr President has talked about fascism etc etc, which also exists, fascism.

Lawyer – Let’s see, can you identify anyone as being the target of this speech of the President of the Regional Government?

Witness – No, no, no, no

Court of Appeal acquits former PS leader of slandering Jardim

The Court of Appeal has acquitted the former PS leader João Carlos Gouveia of libel. Gouveia had said that the problem with Madeira was that Jardim was its nº1 enemy. Jardim 'uses illicit means and foments corruption with the only objective of winning elections', he said. He abhors working and spends his time traveling'. 

Gouveia had been acquitted in the lower court. This judgement adds that the considerations made by João Carlos Gouveia are not without a factual basis and that there is reason to limit freedom of expression in a democratic society: 'on the contrary, such exercise is concretely suited to the scrutiny of political agents'. The judges then cite President Truman's saying, 'if you can't stand the heat, get out of the kitchen 

Another Political Trial Bites the Dust

The Court of Appeal has absolved  Paulo Barata of defamation. The charges related to a reader’s letter published in the Diário de Notícias in 2004.

Paulo Barata, a militant of the Socialist Party wrote a humorous letter with nine pieces of advice for Jardim. The latter, again resorting to public money, accused the author of defamation. This is a stratagem regularly used by Jardim to silence critics, intimidate the press and earn a few bob for himself (not to mention the coterie of expensive lawyers employed for this purpose).

Hitler court case decision

The Court of Funchal acquitted Eduardo Welsh of an accusation of defamation and abuse of press freedom, for having published a photomontage of the President of the Regional Government of Madeira, Alberto João Jardim, dressed as Hitler, on the cover of the ‘Garajau’ newspaper.

The decision considered the Public Prosecutor’s accusation to be unfounded and also acquitted the accused of paying the 5.000 Euro compensation demanded by Jardim.

The judge cited jurisprudence of the European Court of Human Rights in his extensive analysis of the constitutional right to freedom of expression when this collides with the constitutional right to good name, reputation and image.

He concluded that Jardim’s character had not been smudged by the caricature which aimed to criticize acts of ‘intolerance’, ‘incitement to violence’ and his recurrent use of ‘subliminally aggressive’ language to attack political opponents.

Jardim was condemned to pay the costs of the court fees.

President Sues Police Trade Union Leader

Following the Police Trade Union leader's declaration (see previous post), President Jardim said he was lodging criminal proceedings against him for defamation. The Trade Union leader, he claimed, had been paid to come from Lisbon to Madeira to tell lies. Here's a short reminder of Jardim's relation with the Police.

Compared to a few years ago, the police is now fairly autonomous, obeying their own hierarchy and the law, rather than the whims of our petty dictator. Gone are the days of Nuno Homem Costa who, when chief of police, was always at Jardim's beck and call. Jardim loved to use the police as his own personal instrument, particularly where expropriations were concerned and the police were used to strong-arm people off their property - the victims lost their land without due compensation (or even the basic formalities being observed). Jardim would often interrupt Costa's social life, by summoning him up at parties to sort out some demonstration or other. Costa would protest that Jardim may be in charge of politics, but he was in charge of law and order and could not be ordered about. Then he would toddle off to do Jardim's dirty business.

One time Jardim berated Homem Costa publicly for not using force, when he had ordered him to disperse a peaceful demonstration to protest the death of a child on a dangerous piece of road (where two other people had previously been run over). When Homem Costa retired from the Police he was nicely rewarded by being appointed CEO of the public bus company Horários do Funchal - which is now practically bankrupt under his 'experienced' leadership. Curiously, the bus station headquarters is stationed on a piece of land occupied by the Government in the 1980s and never paid for - one more of those dodgy expropriation that will have to be paid for one day. 

Jardim still still tries to misuse the police for his own purposes and there are always minor Homem Costa figures ready to please him.

Former PS leader absolved in Jardim Libel Case

João Carlos Gouveia, the former leader of the local Socialist Party has been absolved of libel in a case brought against him by the President of the Autonomous Region of Madeira, Jardim. Gouveia had accused Jardim of ‘using illicit means and fomenting corruption with the single objective of winning elections’. Jardim, who regularly makes far worse accusations against whoever he pleases and hides behind his political immunity, alleged that this statement caused him anguish and that it perturbed his personal and political life. The judge found there was no illicit behavior on the part of the accused.

Jardim said he would contest the judgement. ‘As you know’, he said ‘there exists some tensions between certain agents of justice in the region and the regional power. This is undeniable and its not worth being hypocritical and trying to hide this’.

Freedom of Speech 2

President Jardim uses the Justice system to silence freedom of speech. Lawyers and legal fees are paid by the Government and compensations are asked for Jardim and his henchmen. It’s a good racket. They have no expenses and pocket the compensations themselves.

Jardim regularly issues threats of taking people to court merely to silence dissent. At a party meeting prior to the 2000 elections, for instance, he ordered Government departments to take his political adversaries to Court at the minimum provocation: ‘I have instructed all Government Departments that they should immediately institute criminal proceedings at the merest hint of slander’.

Following the disaster of the 20^th of February 2010, he again urged Government departments to sue the ‘vultures’ who criticized the Government.

He himself regularly issues such threats directly, some of which have no leg to stand on and are not followed through. In any case, the Madeira Courts are filled the proceedings of Jardim and his henchmen.

Recently, a court judged in favor of the Garajau satirical newspaper in a case where the newspaper argued the Vice-President was using Government funding to criminally sue the paper for publishing facts that had nothing to do with his position or the Government. It was a blatant case of misuse of public funding to harass a newspaper. The ruling was overturned at lightning speed by the higher court in Lisbon. The Vice-Presidency’s handpicked lawyer was the leader of the Maoist MRPP Party, Garcia Pereira. The case has now been taken to the European Court of Human Rights.

Freedom of Speech 1

Letter by Martins Junior, former Mayor of Machico and MP, published in DN.

I followed with much interest and curiosity the trial in which the plaintiff was the president of the regional government. Five long months of work for magistrates, witnesses, lawyers, court officials and above all for the accused: the former director of the Diário, Luís Calisto, and a young construction worker. The motive: an answer the latter had given to an online question the Diário had raised as to whether the (regional) president should continue or not as head of Government: ‘No, at least, not to continue benefitting the same clan that supports him’. For this statement alone, a case is drawn up, the court is convened, time is wasted, money is wasted, families are harassed... In short, the purest form of citizenship inscribed in the Constitution is killed off: the right to freely evaluate one’s government.

Observing the apparatus of the trial, the magistrates’ togas, the fine workmanship of the court-room, disillusioned and revolted, I asked myself: Was it for this that the Estado Novo (the so-called Old Madeira) invested so much in such a grandiose palace…to serve the whims of the ‘New Madeira’?

Its time for Madeirans to wake up!  Have you chosen a Man to govern or a ‘snitch’ to sit you in the dock? Have you chosen someone to look after your interests or someone to persecute you? Everyone was obliged to show up in court: Judge, Public Prosecutor, Lawyers, the Accused, Witnesses; all except one person: the ‘snitch’ himself, hidden in his bunker or his warren, ears taped up, with a deranged expression, fuming, ready to throw himself at anyone who opposes him, to harass them and to rob them of what is most precious, their freedom and their citizens’ rights. 

Alas, such was the inconvenience of this miserable court case that even the judge could not contain himself from advising the defense: ‘Hurry up. I have more important cases to deal with, of crimes and prisoners. I even have another case moved by the same plaintiff!’ The same plaintiff, the same (regional) President. The man who rails against the judicialisation of politics and rants against the non-elected is the first to ask the judges and the non-elected to condemn the electorate! 

What kind of generation are we bringing up? Do you want us to be deaf and dumb hunchbacks, apathetic  and anesthetized, do you want us to be reptiles crawling before any haggard occupant of the presidential palace?

I know what I am talking about. 22 years ago, the same plaintiff had me evicted from Parliament for over a year, without salary, just because I denounced the case of the silver that was stolen (from the Parliament), which the PSD inquiry ‘hushed up’. I was also tried. But I won the case and I re entered the Parliament with a red carnation on my lapel, under the drop-jawed, fallen gazes of the PSD MPs, who I addressed  from the tribune: ‘I thank God and Fate for having allowed you to live to see me enter here before those of you who evicted me one year ago!’

We cannot be silent, no! We are all guilty of this semantic joke that equates Autonomy with Dictatorship. In conscience, I  have to praise the courage of the young construction worker who left the court room acquitted and victorious. I congratulate the Diário and the lawyers who accepted to take this cause on and also the distinguished witnesses that were willing to lend their face.  It is due to you that Madeira is a little freer and more Autonomous!