He's just charged with trespassing as that's the actual law that he violated.
NOTICE: English translation
Legal proceedings Robert Murat versus Stephen D. Birch
Trespassing - MADELEINE MCCANN
PUBLIC MINISTRY SERVICES IN LAGOS
SUPPORT UNIT
Av. dos Descobrimentos – 8601-852 Lagos
Telef: 282092170 Fax: 282092198 Mail: mp.lagos.tc@tribunais.org.pt
Exmo Senhor
Stephen Birch
8 Tierberg Rd, Oostersee, Parow, 7500
P O Box 21317
África do Sul
Case: 5/13/1TALGS Dispute Our Ref: 3155854
Date: 21-03-2014
Subject: Notification by Registered Letter with Acknowledgement of Receipt
Hereby notified as Accused, as provided in and for the purposes:
That, in accordance with Articles 57º and 58º, no.2, 3 and 4 of the Penal
Code, assumes the quality of Accused, the accusation being leveled is
according to the rights and duties as expounded in Article 61º and subject to
the referred rule.
That the above mentioned Dispute, extracted in accordance with the terms
contained in Article 283º of the Penal Code, is granted a limit of TWENTY
DAYS, as explained in Article 287º of the same rule, and opens a formal
PROGRAMME OF PROCEEDINGS:
The request must be addressed to the Examining Judge, not subject to
formalities, containing a summary of reasons, of fact and law, of disagreement
regarding the dispute, as well as, in every such event, produce compelling
evidence, not hitherto considered in the Dispute, and of the facts, based on
the evidence submitted, that are expected to be proved.
There being no legal nor defence representative on record, but given that one
is compulsory under Article 64º, No.3 of the Penal Code, Dr Mónica Viegas, at
Rua Infante de Sagres, 11-2º, 8600, Lagos, has been appointed as the
Accused’s Defence.
Furthermore, the Accused is informed, that should the Accused be found
guilty, the Accused, shall be held liable for the Public Defender’s legal fees,
unless, in the interim, the Accused be granted legal support, at which time,
the appointed Public Defender may be substituted by another legal counsel,
as per that stipulated in – Article 64º, No.4, of the referred rule.
The application for legal representation, will not impede the conduct of
proceedings (Article 39º, No. 10 of Act 34/2004 of 29 July) and must be
tendered at any Social Security Customer Service Office.
(Article 22, No.1 of the same Act).
Attached photocopy of Charge Sheet.
We request that the response bear the document reference and Case number.
*Legal holidays span 22 December to 3 January; Palm Sunday to Easter
Monday and 16 July to 31 August.
The abovementioned periods are uninterrupted, suspended by the Legal
Holidays and recommence as from the third business day after postal register
(Article 113, No.2, Penal Code).*
In the case of an urgent process, the periods referred to above, shall not apply.
Should the period expire while court is closed, the period will be transferred to
the very next first business day.
Signed by the Assistant Officer of the Court, Vera Gabriel.
PUBLIC SERVICE MINISTRY IN LAGOS
SUPPORT UNIT
Av. dos Descobrimentos – 8601-852 Lagos
Telef: 282092170 Fax: 282092198 Mail: mp.lagos.tc@triubnais.org.pt
Case No: 5-13.1TALGS
3139733
CONCLUSION: -11-03-2014 (Sheets. 108).-
(Electronic document drawn by Assistant Officer of the Court, Vera Gabriel)
=CLS=
Sheets.108 and ss: Contents acknowledged
*
Hereby declare the investigation closed.
*
***
As provided from analysis of case files, all efforts made in the course of the present dispute to access to Stephen Donald Birch to notify same of the quality of Accused and of a subsequent investigation, proved fruitless.
Therefore, and there being no foreseeable beneficial endeavours, under that contained in Article 272º, No.1, of the Penal Code, the interrogation of the Accused is ultimately dispensed with.
According to that defined in Article 57º, No.1 of the Penal Code, the denounced thus accepts the charge order and assumes the quality of Accused. Be notified.
***
Under provisions of Article 64º, No.3 of the Penal Code, editorial brought about by Act No.48/2007, of 29 August, Public Defender, Dr Mónica Viegas, is appointed to Stephen Birch, as indicated by CDOA, and as per sheets 109.
The Accused and the Defence appointed are notified according to Article 66º, No.1 of the Penal Code.
***
The Public Ministry accuses, in common procedure, with the intervention of First Instance Court:
Stephen Donald Birch, born in South Africa, born on
20 April 1965, holder of Passport Number, A00571114 and
residing at 8 Tierberg Road, Oostersee, Parow, PO Box 21317,
South Africa.
1.On an unestablished date, but during the month of June and prior to 5 July
2012, the Accused, transgressed the residential gates of Jenifer Ann Murat,
Casa Liliana, Rua do Ramalhete, Vila Luz, Lagos, within this Council, entering
the property.
2.The land in question is self-contained, bordered by a 1.50m high boundary
wall, 2m high hedges and also by a wire fence, inaccessible to any outsider.
3.The Accused penetrated this area of land without prior consent and against
the will of the owner of the residence, the now ‘injured party’.
4.The Accused acted voluntarily and deliberately
5.knowing full well that this conduct was and is punishable by law.
In the light of the above, the Accused,Stephen Donald Birch, acted as sole and actualperpetrator, constituting a crime of trespassing on private property, governed by and punishable under Article 191º
of the Penal Code.*
Indication by means of proof:
A. According to Witnesses
a) Jenifer Na Murat, id. sheet. 108;
b) Robert James Queriol Eveleigh Murat, id. sheet. 31.
B. According to Documents
a) Photographs, sheets. 7 to 11;
b) Newspaper Clippings, sheets. 12 to 14.
*
In accordance with Article 277º, No.3 ex vi of Article 283º, No.5, both under the Penal Code, as reflected and in accordance with Article 287º, No.1, paragraph a) of the same law, wording in force under DL No. 320-C/00, of 15
December, notifying the Accused as well as the Public Defender (a) appointed
(a), Complainant and their Legal Representative of the preceding charge.
*
Procedural Position of the Accused:
Not occurring in casu of the situations to which Article 204º of the Penal Code,
it is declared that the Accused, when located, be subjected to verifying identity and residence and await proceedings post case, subject to enforced measures of constraint.
***
Processed and Reviewed.
Lagos, 18 March 2014
Assistant Prosecutor
Maria Pinto de Almeida
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