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RUI PEDRO ACCUSED DECLARED NOT GUILTY BY JUDGE(merged)

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Post  Pedro Silva Wed Feb 22, 2012 8:32 pm

http://www.publico.pt/Sociedade/afonso-dias-absolvido-de-rapto-qualificado-no-caso-rui-pedro-1534874

Afonso Dias acquitted of kidnapping in the case Rui Pedro

The court overlooked the testimony of the prostitute Days Alcina, which in the judgment, Afonso Dias pointed out as being the person who accompanied Rui Pedro in the afternoon when he disappeared.

Before, when questioned by the PJ, never mentioned the name of Afonso Dias. And the description that had Rui Pedro, spoke in blue eyes, when in reality, were brown.

"With all due respect, not convincing," the judge Carla Fraga considered, for whom the court is not empowered to rule out the possibility of being another one to have been with a prostitute and another driver.

Thus avenged the thesis that Filomena Teixeira was the last to have seen Rui Pedro, between 15 and 15h15 of the day March 4, 1998.

It is the outcome of a trial that began Nov. 18. According to the prosecutorial force at the time of the disappearance of the minor, the penalty for the crime of qualified rape ranged from two to 10 years and eight months in prison.

The prosecution opted for the crime of abduction, because it was not possible to find "traces to prove the commission of other crimes," as the prosecutor had stressed the prosecutor, Elina Cardoso, during closing arguments in which the defendant asked for a sentence of prison "more than six or seven years in prison." Moreover, "because they do not want to try only the crime of kidnapping" is that the process took so long to come to trial, although according to a prosecutor.

Over the 13 sessions, the parents of Rui Pedro saw failed the expectation as to the emergence of new data regarding the location of the child.

The defendant never broke the silence, and his lawyer maintained that Afonso Dias met with the smallest only once on the day of his disappearance, more precisely at the end of the morning.

Afonso Dias left the court escorted by GNR, while those that were popular abroad he shouted several insults. His lawyer, Paulo Gomes, was also insulted and victim of an attempted assault.
Carlos Teixeira, Rui Pedro's uncle, called the sentence "farce", adding that she understands only because it happened "after the Carnival."
---------------------------------------------------------------------------------------------

http://diariodigital.sapo.pt/news.asp?id_news=559829

Rui Pedro: Dozens of angry citizens shouted and surrounded Afonso Dias

Dozens of angry citizens shouted and surrounded Afonso Dias, the defendant was acquitted today of kidnapping Rui Pedro, a child who disappeared in the Lousada March 4, 1998.

Outside the court Lousada, dozens of people tried the physical approach to the defendant who was protected by several military GNR, some of the intervention.

In an environment of enormous stress, the population shouted against Afonso Dias repeatedly expressing its disagreement with the judgment that dictated his acquittal. Some popular most exalted tried the physical approach, but were prevented by the string of police officers.

Among the more heated words, beyond the criticism of the administration of justice in Portugal, he complained that the silence of Afonso Dias at the trial. "You have no shame," "criminal" and "do not have children" were some phrases heard in the most exalted of the popular portuguese that joined the court.

In a slow pace, the military tried to drive his car to the defendant, but this always surrounded by mobs. Along came the automobile tension grow, forcing the GNR to do a new cord around the car to prevent the approach of the population.

The car of Afonso Dias, where he also followed some of his family, eventually leaving the scene at high speed, escorted by a vehicle of GNR.

A few minutes later, leaving the lawyer Afonso Dias was also troubled, requiring further intervention by the GNR. Paulo Gomes was protected by the car, while, as his client, was insulted by mobs.
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Post  bb1 Wed Feb 22, 2012 8:32 pm

http://www.cmjornal.xl.pt/detalhe/noticias/nacional/portugal/caso-rui-pedro-afonso-dias-absolvido-de-rapto

If Rui Pedro: Afonso Dias acquitted of kidnapping

RUI PEDRO ACCUSED DECLARED NOT GUILTY BY JUDGE(merged) 2012-02-22173549_CA967162-B341-4FEB-88DD-FECB0766BF67$$738d42d9-134c-4fbe-a85a-da00e83fdc20$$825ce656-60df-4c24-99dd-6844911085a2$$img_carrouselTopHomepage$$pt$$1

Afonso Dias was the only defendant of the process


If Rui Pedro: Afonso Dias acquitted of kidnapping

Trucker Afonso Dias was on Wednesday acquitted of the crime of kidnapping by the court of Pedro Rui Lousada. The panel of judges did not establish that the defendant took the child to a prostitute.

16h56No. of votes (2) Comments (13)
By: Ana Isabel Fonseca / Tania Laranjo




The testimony of the prostitute Alcina was not valued by the court. Remember that this was one of the prosecution witnesses on the involvement of Afonso Dias in the disappearance of Rui Pedro in 1998.
In reading the judgment, the panel of judges failed to establish that Rui Pedro and the prostitute have returned to find himself after the child had been with her mother.
After hearing the sentence, Filomena Teixeira, Rui Pedro's mother, unable to hold back tears in the courtroom.


========================

I really don't know what to say to that. I feel so sorry for Rui's mother, I could cry.

Four children disappear in Portugal, another one is found murdered - and not one case where any attempt has been made to get to the bottom of it.

Note to forkers - yes, there are FOUR CHILDREN MISSING, including Madeleine McCann.

Michael Cook was tortured and framed for the murder of young Rachel- that scandal reached Westminster.

http://www.publications.parliament.uk/pa/cm199293/cmhansrd/1992-06-09/Debate-20.html

Leonor Cipriano had a false confession beaten out of her.

Joana Cipriano, Rene Hasse, Madeleine McCann, and Rui Pedro are missing - Rui is known to have been alive a good while after he was abducted.

Time this cover-up was exposed - but that won't help Rui's poor mother tonight.

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Post  bb1 Wed Feb 22, 2012 8:36 pm

Thanks, Pedro - I just saw a brief report in CdM, and have started a thread in the main forum.

I will move your much fuller reports there, to make sure they are widely read.
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Post  bb1 Wed Feb 22, 2012 8:42 pm

So much for Claudia's guff about it being much safer to leave verdicts to judges; I somehow don't think a jury of twelve Portuguese citizens would have set him free.

But that's what happens when courts are in the hands of political appointees with their own agendas.
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Post  Pedro Silva Wed Feb 22, 2012 9:06 pm

Typical Portuguese justice in it´s worst: criminals are free, innocents in jail.

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Post  bb1 Wed Feb 22, 2012 9:38 pm

Joana Morais @xklamation Reply Retweet Favorite · Open
@lime_harry A harrowing interview w/ Rui Pedro's parents is.gd/bVac9H This is how parents grieve, real emotions unlike #McCann


Oh, shut up, you ghoul. No chance of a piece about yet another failure of Portuguese justice, then?

Because as far as I can see, he got off because the prostitute witness remembered his eyes as blue, when they were actually brown? He was declared Not guilty of abducting Rui because of that, despite the other evidence?

Can you imagine the uproar if a US or UK judge told a jury they had to find a child abductor Not Guilty on such flimsy grounds?

Never mind, that's the dirt swept back under the carpet for a little bit longer.
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Post  Pedro Silva Wed Feb 22, 2012 10:23 pm

you stink joana morais: shut up you barsteward.



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Post  bb1 Wed Feb 22, 2012 10:57 pm

That shameless exploitation of Rui Pedro and his family to give her an excuse to attack the McCanns yet again was despicable.

She would be well advised to remember just how much Rui's family and the McCanns have in common; their children were abducted, and both families were failed by the Portuguese police and in Rui's case, now by the Portuguese courts.

I doubt if she will be blogging about that, though.
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Post  bb1 Thu Feb 23, 2012 12:26 pm

There appears to be mounting outrage about this in Portugal; I am still trying to find a reason for this judge to dismiss the case, other than this business of the color of the accused's eyes.

Rui Pedro's parents are contemplating suing the Portuguese State:

http://aeiou.expresso.pt/pais-de-rui-pedro-ponderam-processar-estado=f694528

Parents sue state Rui Pedro ponder

Appalled by the laxity of the investigation , the family of Rui Pedro wants the Judicial Police narrow down the possible failures of conduct inspectors responsible for the case in 1998
Elizabeth Paul (www.expresso.pt)
13:10 Thursday, December 15, 2011
65 a



Comment
John Nightingale and Rui Azevedo, the two inspectors who in 1998 took over the investigation of the disappearance of Rui Pedro, admitted yesterday in the Court of Lousada, the prostitute who claimed to have met with the least was not heard at the time.

Rui Azevedo, now retired, said, days after the disappearance, Alcina brought to court but their confusion turned out not to testify.

The examination to where the child will Lousada been seen to enter the car Afonso Dias, the sole defendant's case was also devalued, having not even been recorded in the records.

The result of shortcomings in the initial investigation were justified in court by former Inspector John Nightingale by lack of resources and cross a lot of information.

The former took investigators still have missed the truth last March, in an interview with a newspaper, stating that the child's parents only in 2005 revealed that the child suffered from epilepsy. Nightingale gave the lie as an excuse for their "revolt" by the public criticism of the investigation.

Sá Fernandes accuses inspectors acting absurd

The attitude of the inspectors of the PJ now listed by the defense was harshly criticized by Ricardo Sá Fernandes, who will request a meeting with the director of the PJ, Almeida Rodrigues, to be cleared responsibilities of researchers.

According to Sá Fernandes, the inspetadores "knew from the outset the existence of Days Alcina and not heard, a situation that goes beyond all limits and come to break the absurd."

Besides admitting to act judicially against the inspetadores, Rui Pedro's family is considering further process the Portuguese State.

The reconstruction site of the disappearance of the child was eventually postponed to January 4, the last step before the trial closing arguments.


Notice the attempt to smear Rui's parents?

The former took investigators still have missed the truth last March, in an interview with a newspaper, stating that the child's parents only in 2005 revealed that the child suffered from epilepsy. Nightingale gave the lie as an excuse for their "revolt" by the public criticism of the investigation.

It's a miracle they didn't have an 'accident' on those dangerous police station stairs...
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Post  Pedro Silva Thu Feb 23, 2012 1:30 pm

http://aeiou.expresso.pt/absolvicao-de-afonso-dias-gera-onda-de-indignacao=f706346

Acquittal of Afonso Dias generates wave of indignation

Afonso Dias, the sole defendant in the case of the disappearance of Rui Pedro for almost 14 years, under police escort out of the Court of Lousada before the insults and threats of a population in fury.
More than a hundred popular revolt did not shut the door of the Court of Lousada, upon becoming aware that the driver Afonso Dias, accused of aggravated kidnapping of Rui Pedro, had been acquitted by the collective of judges.

"Killer", "coward", "clown" were some of the insults directed at Afonso Dias for a population in a rage, did not spare even the judge president, Carla Fraga, and the defense attorney, Paulo Gomes.

The popular began to hasten the vicinity of the Court over an hour of the start of the sentencing judges accused of "not doing justice," not realizing that "more tests are needed" to condemn "a criminal" and to "rest the child's mother. "

Filomena Teixeira left undone by the Court, supported by her husband and daughter. Rui Pedro's mother came convinced that Afonso Dias was arrested and will not give up on her son.

Court testimony considers not credible Alcina´s testimony


On the basis of the acquittal of the former protege of the family of missing minor Lousada in the March 4, 1998 was the "lack of clear evidence" of involvement in any abduction Afonso Dias Rui Pedro.

The Court upheld the prosecution's argument that the child and Alfonso met early in the afternoon of the disappearance of Rui Pedro, but has not proved as a second meeting at about 15.30 hours between the two, after seeing the lowest denied authorization mother to go sightseeing with Alfonso.

The testimony of Alcina Days prostitute who have been guaranteed the lowest in Lustosa and conducted to meet the alleged uncle Afonso Dias around 15h was not valued by the Court.

The collective of judges not credibilizou Days Alcina's testimony, alleging various contradictions in his testimony, including that of having declared that the child, then aged 11 had blue eyes and not brown, and ensuring that the Fiat Punto Afonso was black, as stated before is dark blue.

Judges rely doubt to acquit Afonso

The Court also surprised that the first statement made a week after the alleged abduction, Alcina has been scant on details about the appearance of Alfonso, and thorough 13 years after the incident, during the trial.

In sentencing this afternoon, the presiding judge did not rule out even the hypotheses have been other smaller and another adult who resorted to a prostitute on March 4, 1998.

"Without conviction" in the participation of Afonso in the disappearance on that fateful day, even without proof "that he has carried Rui Pedro" from Lousada to another location, the collective of judges acquitted the defendant in question, invoked the fundamental principle in dubio pro reo.
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Post  Pedro Silva Thu Feb 23, 2012 1:35 pm

This is a genuine disgrace: how can the principle in dubio pro reo been used when there are multiple witnesses who can prove the veracity of the testimony of Alcina Dias.
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Post  Pedro Silva Thu Feb 23, 2012 1:36 pm

My friends, I found this:

http://aeiou.expresso.pt/justica-tem-de-ser-para-todos-diz-a-ministra=f706449

Justice must be "for all", says Minister

Paula Teixeira da Cruz wants to end a system that considers unfair and "better prepared for the rich." In an interview with RR, the Minister of Justice also announced the end of the figure of clarification.
Justice Minister, Paula Teixeira da Cruz, returned to defend a Justice "for all" based on the principle of "equality", contrary to what happens today, given the existence of what it called "a dysfunctional system and unjust, more prepared for the rich than for those who cannot afford. "

In this sense, Paula Teixeira da Cruz will present by the end of the month, a mid-term review of the Criminal Law.

In an interview with the program "in the Name of the Law," Radio Renaissance, whose transmission in full will happen Saturday, June 25, Paula Teixeira da Cruz, also insists on the need to reduce the possibility of use of dilatory expedients for defendants and lawyers.

The minister also announced that "the reform of civil procedure we end up with the figure of clarification." "If there are any questions to clarify, should be included in the appeal and serve it to the Criminal Procedure", she added.
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Post  bb1 Thu Feb 23, 2012 1:38 pm

Something has to change, Pedro - it is impossible not to smell 'cover up' from this episode.
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Post  Pedro Silva Thu Feb 23, 2012 1:38 pm

To the minister Paula da Cruz: so, you mentioned: "Justice must be "for all", says Minister, you minister tell this to Rui Pedro´s parents, also to Leonor Cipriano.
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Post  Pedro Silva Thu Feb 23, 2012 1:39 pm

I agree with you bb1.
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Post  bb1 Thu Feb 23, 2012 6:26 pm

Do you know, I haven't seen a single word from the forkers expressing outrage at this?

Where is the angry blog from Morais, about police incompetence, and the smears aimed at Rui's family? Not to mention the stench of cover-up coming from the judge who decided to throw this out out of court?

Was that the deal? If the accused kept quiet and didn't name names, an excuse would be found to dismiss the case?

The forkers should be outraged at this - but they are all strangely quiet. Now, why would that be?
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Post  Pedro Silva Thu Feb 23, 2012 7:41 pm

I agree with you bb1.

I remember that the reason for afonso dias be in silent was because his lawyer advised him not to talk.

This is my opinion:

If afonso had nothing to hide, why did he kept his silence? This just brings more suspicions on him.
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Post  crazytony Thu Feb 23, 2012 8:02 pm

Is this the same case where the suspect's psychiatrist leaked info about him to a news station?

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Post  bb1 Thu Feb 23, 2012 8:08 pm

No, that's a different one, Tony - that was a rapist, who thankfully was found guilty despite Arguido Sargento's best efforts.

This is the man who was charged with the abduction of Rui Pedro a good few years back; he is the child who was later seen in France, and also on filthy, sick videos.

I don't even know what the word is for a situation like this; he wasn't cleared, the judge ignored all the prosecution evidence and set him free because a witness couldn't remember whether someone's eyes were brown or blue.

Portugal is in an uproar about it.
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Post  crazytony Thu Feb 23, 2012 8:11 pm

bb1 wrote:No, that's a different one, Tony - that was a rapist, who thankfully was found guilty despite Arguido Sargento's best efforts.

This is the man who was charged with the abduction of Rui Pedro a good few years back; he is the child who was later seen in France, and also on filthy, sick videos.

I don't even know what the word is for a situation like this; he wasn't cleared, the judge ignored all the prosecution evidence and set him free because a witness couldn't remember whether someone's eyes were brown or blue.

Portugal is in an uproar about it.
No Jury was sitting?

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Post  Pedro Silva Thu Feb 23, 2012 8:12 pm

Yes, uproar indeed, specially in Lousada where Rui Pedro belongs.
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Post  bb1 Thu Feb 23, 2012 8:21 pm

No Jury was sitting?

Pedro will be able to explain it better, Tony, but Portugal doesn't have jury trials as we understand them.

Sometimes, four members of the public make up a sort-of jury, but most of the time, there are only judges - three, I think, Pedro?

It's a recipe for corruption, IMO.
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Post  Pedro Silva Thu Feb 23, 2012 8:52 pm

within two months, trial will be repeated.
The private prosecution led by lawyer Ricardo Sá Fernandes announced to the public at the end of the hearing, which will appeal the judgment. 'Absolution of Afonso Dias kills the chance of knowing what happened to Rui Pedro »

The Public Ministry announced that it will appeal.

Due to popular revolt that gathered outside the court, Afonso Dias left the court protected by GNR.


Last edited by Pedro Silva on Thu Feb 23, 2012 8:53 pm; edited 1 time in total
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Post  Pedro Silva Thu Feb 23, 2012 8:53 pm

http://www.tvi24.iol.pt/aa---videos---sociedade/rui-pedro-ovni-lousada-tvi24-ultimas-noticias/1327575-5795.html

Uncle and godfather of Rui Pedro reacts indignantly to the decision of the collective of judges

The uncle and godfather of Rui Pedro angry reacted to the acquittal of Afonso Dias on suspicion of kidnapping to Rui Pedro, the missing child in Lousada, 14 years ago.

"I never expected that a collective of judges could invent a crazy theory that the last meeting was only with my sister," he told to the reporters.

Still 'hot' angry, ironic about the cause of the disappearance of Rui Pedro. "Maybe what the collective of judges came to understand is that a UFO landed here in Lousada and took my godson, this is the farce that we live in Portugal," he said.
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Post  bb1 Thu Feb 23, 2012 9:09 pm

Many thanks for the update, Pedro.

Still 'hot' angry, ironic about the cause of the disappearance of Rui Pedro. "Maybe what the collective of judges came to understand is that a UFO landed here in Lousada and took my godson, this is the farce that we live in Portugal," he said

Poor man - he has summed it up perfectly.
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