The Supreme Court of the Public Prosecution Service (CSMP) has opened a process to investigate the circumstances surrounding the agreement for the provisional stay of five trials against Football Leaks creator Rui Pinto.
Underlying the June 7 decision by the CSMP’s Disciplinary Section is a request filed on May 25 by the team of lawyers representing Benfica for the performance of Prosecutor Carlos Casimiro Nunes, of the Central Investigation Division, to be investigated. Criminal Action (DCIAP), and the alleged handling of the defense of Rui Pinto and the national leadership of the Judicial Police (PJ) that prevented the five trials from progressing.
“In view of the facts alleged and contained in the application submitted, and because it is important to establish the veracity of the facts described therein, it is determined (…) the institution of the competent investigative process,” reads the CSMP- provision, to which the Lusa had access.
The document also clarifies that the purpose of the opening of the investigation process is to “establish the accuracy of the participation, complaint or information and to assess whether the behavior denounced is likely to constitute a disciplinary violation.”
Lawyers Rui Patrício, João Medeiros, Paulo Saragoça da Matta, Rui Pedro Martins, Rui Costa Pereira and David Silva Ramalho – who signed the request to the CSMP and forwarded on May 31 by Jornal de Notícias – invoked “a series of facts which, in themselves, reveal not only the commission of offenses of a disciplinary nature, but also the commission of crimes of a criminal nature” in connection with the agreement to suspend proceedings.
The provisional suspension of the proceedings against Rui Pinto was decided in July 2020, at the proposal of the Public Prosecutor’s Office (MP), through Public Prosecutor Carlos Casimiro Nunes, and was accepted by investigating judge Carlos Alexandre.
These investigations concerned alleged unauthorized access by the creator of Football Leaks to the computer systems of the Government IT Network Management Center (CEGER), the Institute of Financial Management and Justice Equipment (IGFEJ), of Futebol Clube do Porto, and the e emails from Benfica and the former Attorney General of the Republic, Joana Marques Vidal.
For Benfica’s team of lawyers, the agreement on the provisional stay of proceedings may concern “a significant number of violations of legal and procedural rules”.
The application of the provisional stay of proceedings allows a suspect not to be tried for the crimes charged to him by a court order, but this mechanism can only be applied to crimes with a criminal framework of up to five years in prison. It also requires the absence of previous convictions for crimes of the same nature, the consent of the suspect and adherence to established rules of conduct, in this case cooperation with the authorities.
Despite the suspension of these trials, Rui Pinto, aged 34, is being tried by the Football Leaks trial, in which he is answering for a total of 90 crimes: 68 of unauthorized access, 14 of breach of correspondence, six of unlawful access, targeting entities such as Sporting, Doyen, the law firm PLMJ, the Portuguese Football Federation (FPF) and the Office of the Attorney General (PGR), as well as Sporting SAD computer sabotage and attempted extortion. The reading of the ruling is scheduled for July 13.
Source: DN
