Author Topic: A proven miscarriage of justice in Portugal  (Read 3222 times)

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Offline misty

A proven miscarriage of justice in Portugal
« on: February 06, 2019, 01:42:54 AM »


Man who served a sentence for a crime he did not commit requires 500 thousand euros for "gross error" Armindo Castro was convicted and imprisoned for two and a half years.
By Fátima Vilaça | 05.02.19 share 559 0 1 / 4
Armindo Castro foi condenado a 20 anos de prisăo CMTV 559 0
Armindo Castro was imprisoned for two years and a half for a crime he did not commit.


 The 941 days he spent behind the bars left the student of Fafe, 32, "serious psychological damage." And so, now requires the State compensation of half a million euros as a way to repair "the gross inexcusable and scandalous error" - the sentence to 20 years in jail for the murder of the aunt, Odete Castro, in Joane, Famalicăo, in 2012 . The crime was to be assumed, two years later, by another man. Armindo Castro was finally acquitted as early as January 2018, but his life was not the same again. "We hoped that someone on behalf of the state would have had some contact with Armindo Castro, in order to apologize at least, to alleviate this injustice and repair this enormous error of law, but this has never happened and we have decided to proceed with this process to demand the reparation of this clamorous error of the Portuguese Justice, "explained the lawyer Paulo Gomes, who has already filed the lawsuit demanding the State compensation for the damages caused. The lawyer based his claim on the decision of the Guimarăes Court - which acquitted Armindo Castro in January of last year. "It was clearly demonstrated in the ruling that the Armindo had nothing to do with this crime," he said. The homicide was committed by a couple of neighbors - Artur Gomes and Júlia Lobo -, already condemned to sentences of 20 and 18 years of prison. During the initial investigation, Armindo Castro confessed to the crime and even made a reconstitution of the murder. He then said that he did so by feeling pressured and threatened, fearing that his mother might be arrested.

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Castro was originally sentenced to 20 years.......

Offline Eleanor

Re: A proven miscarriage of justice in Portugal
« Reply #1 on: February 06, 2019, 03:35:39 AM »

Good heavens.  It took them long enough to Acquit  him.  So much for Confessions.  But he needs to be careful or they will have him for impugning The Judiciary.

Offline Sunny

Re: A proven miscarriage of justice in Portugal
« Reply #2 on: February 06, 2019, 07:01:24 AM »
Another Portugal bashing thread Misty.  Did you know there are serious miscarriages of justice in the UK too?

Here is a list of some of them https://en.wikipedia.org/wiki/List_of_miscarriage_of_justice_cases#United_Kingdom
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Offline Sunny

Re: A proven miscarriage of justice in Portugal
« Reply #3 on: February 06, 2019, 07:07:47 AM »
In fact, according to this article there is a miscarriage of justice overturned every day in the UK.

“People think that miscarriages of justice are rare and exceptional,” says Dr Michael Naughton, founder of the UK Innocence Project. “But every single day, people are overturning convictions for criminal offences. Miscarriages of justice are routine, even mundane features of the criminal justice system. They are systemic.”



The rest of the article goes on to details several serious UK miscarriages of justice, and makes depressing reading IMO.

https://www.telegraph.co.uk/news/uknews/law-and-order/11075284/When-innocent-men-go-to-jail-miscarriages-of-justice-in-Britain.html
Members are reminded that cites must be provided in accordance with the forum rules. On several occasions recently cites have been requested but never provided. Asking for a cite is not goading but compliance.

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Offline Vertigo Swirl

Re: A proven miscarriage of justice in Portugal
« Reply #4 on: February 06, 2019, 07:25:37 AM »
Another Portugal bashing thread Misty.  Did you know there are serious miscarriages of justice in the UK too?

Here is a list of some of them https://en.wikipedia.org/wiki/List_of_miscarriage_of_justice_cases#United_Kingdom
The fascinating thing about this is that according to a member of this forum who I believe lives in Portugal, there has never been a proven miscarriage of justice case there, so this must be something of a first!  Portugal’s 100% record destroyed by this man, how inconsiderate of him.
"I have hated the way social media has facilitated the abuse of Gerry and Kate McCann, and found it hard to fathom the insensitivity of all those who have posted accusations about them“ - David James Smith

Online Davel

Re: A proven miscarriage of justice in Portugal
« Reply #5 on: February 06, 2019, 08:08:20 AM »
Another Portugal bashing thread Misty.  Did you know there are serious miscarriages of justice in the UK too?

Here is a list of some of them https://en.wikipedia.org/wiki/List_of_miscarriage_of_justice_cases#United_Kingdom

Its not a portugal bashing thread.....a miscarriage of justice involving a confesssion...that is real cause for concern.
Posters here refuse to accept that Cipriano may be a victim of a miscarriage of justice..because of her confession even though there was no real evidence against her....perhaps you could list miscarriages of justice in the uk where the suspects have confessed...i can only think of one some time ago
UNLESS OTHERWISE STATED ALL POSTS ARE MY OPINION

Offline Vertigo Swirl

Re: A proven miscarriage of justice in Portugal
« Reply #6 on: February 06, 2019, 08:37:37 AM »
Yes, it would be very interesting to know why certain members of this forum seem 100% certain of the Ciprianos guilt, in light of this important revelation that the Portuguese judicial system does sometimes get things horribly wrong.
"I have hated the way social media has facilitated the abuse of Gerry and Kate McCann, and found it hard to fathom the insensitivity of all those who have posted accusations about them“ - David James Smith

Offline Faithlilly

Re: A proven miscarriage of justice in Portugal
« Reply #7 on: February 06, 2019, 11:16:19 AM »
Its not a portugal bashing thread.....a miscarriage of justice involving a confesssion...that is real cause for concern.
Posters here refuse to accept that Cipriano may be a victim of a miscarriage of justice..because of her confession even though there was no real evidence against her....perhaps you could list miscarriages of justice in the uk where the suspects have confessed...i can only think of one some time ago

From Sunny’s link

Paul Blackburn
Convicted: 1978
Time served: 25 years
Released: 2003
Blackburn spent a quarter of a century in prison after he was convicted, aged 15, for the sexual assault and attempted murder of a nine-year-old boy. The prosecution depended on a confession by Blackburn that was written after four hours of police interrogation. In 2005, appeal judges found that police “did not tell the truth” when they said that the confession was offered freely and in Blackburn’s own words. Blackburn says the statement was dictated to him, and expert testimony found it unlikely that a badly educated 15-year-old could have spelled so many technical terms correctly. The appeal court ruled that Blackburn’s confession should never have been considered evidence.
Moral Guilt
Detractors of the work of our British Police in bringing criminals to justice generally ignore the important distinction between moral proof and legal evidence of guilt. In not a few cases that are popularly classed with 'unsolved mysteries of crime,' the offender is known, but evidence is wanting. If, for example, in- a recent murder case of special notoriety and interest,* certain human remains had not been found in a cellar, a great crime would have been catalogued among `Police failures'; and yet, even without the evidence which sent the murderer to the gallows, the moral proof of his guilt would have been full and clear.
Robert Anderson

Offline Vertigo Swirl

Re: A proven miscarriage of justice in Portugal
« Reply #8 on: February 06, 2019, 11:18:43 AM »
From Sunny’s link

Paul Blackburn
Convicted: 1978
Time served: 25 years
Released: 2003
Blackburn spent a quarter of a century in prison after he was convicted, aged 15, for the sexual assault and attempted murder of a nine-year-old boy. The prosecution depended on a confession by Blackburn that was written after four hours of police interrogation. In 2005, appeal judges found that police “did not tell the truth” when they said that the confession was offered freely and in Blackburn’s own words. Blackburn says the statement was dictated to him, and expert testimony found it unlikely that a badly educated 15-year-old could have spelled so many technical terms correctly. The appeal court ruled that Blackburn’s confession should never have been considered evidence.
Oh that's alright then.  Britain has its own miscarriages of justice which mean we can ignore or downplay the one in Portugal, relevant as it is to the issue of possible false confessions and false imprisonment in other cases where there is no evidence APART from the confession. 
"I have hated the way social media has facilitated the abuse of Gerry and Kate McCann, and found it hard to fathom the insensitivity of all those who have posted accusations about them“ - David James Smith

Online Davel

Re: A proven miscarriage of justice in Portugal
« Reply #9 on: February 06, 2019, 12:06:20 PM »
From Sunny’s link

Paul Blackburn
Convicted: 1978
Time served: 25 years
Released: 2003
Blackburn spent a quarter of a century in prison after he was convicted, aged 15, for the sexual assault and attempted murder of a nine-year-old boy. The prosecution depended on a confession by Blackburn that was written after four hours of police interrogation. In 2005, appeal judges found that police “did not tell the truth” when they said that the confession was offered freely and in Blackburn’s own words. Blackburn says the statement was dictated to him, and expert testimony found it unlikely that a badly educated 15-year-old could have spelled so many technical terms correctly. The appeal court ruled that Blackburn’s confession should never have been considered evidence.

That's the one I was thinking of.... So a confession is not a reliable indication of guilt for several reasons... Apart from rhe confession...which it was, reported was beaten out of her.. There was no real evidence against Cipriano so it's, reasonable to think she was another miscarriage of justice
UNLESS OTHERWISE STATED ALL POSTS ARE MY OPINION

Offline Faithlilly

Re: A proven miscarriage of justice in Portugal
« Reply #10 on: February 06, 2019, 12:12:57 PM »
That's the one I was thinking of.... So a confession is not a reliable indication of guilt for several reasons... Apart from rhe confession...which it was, reported was beaten out of her.. There was no real evidence against Cipriano so it's, reasonable to think she was another miscarriage of justice

Except Cipriano gave her confession before the alleged beating.
Moral Guilt
Detractors of the work of our British Police in bringing criminals to justice generally ignore the important distinction between moral proof and legal evidence of guilt. In not a few cases that are popularly classed with 'unsolved mysteries of crime,' the offender is known, but evidence is wanting. If, for example, in- a recent murder case of special notoriety and interest,* certain human remains had not been found in a cellar, a great crime would have been catalogued among `Police failures'; and yet, even without the evidence which sent the murderer to the gallows, the moral proof of his guilt would have been full and clear.
Robert Anderson

Offline Vertigo Swirl

Re: A proven miscarriage of justice in Portugal
« Reply #11 on: February 06, 2019, 12:16:30 PM »
Another example of a conviction in the UK that resulted from a confession, from someone not overly blessed in the intellect department, a bit like the simple Cipriano souls:

"In 1976, a 23-year-old loner, Stefan Kiszko, was jailed for life for the murder. A giant of a man, who suffered from immaturity because his testicles had not developed, Mr Kiszko had confessed to the crime after two days' questioning with no solicitor present.

He later withdraw his confession, but his barrister, David Waddington, now a Conservative peer, ran a defence of manslaughter through diminished responsibility".
"I have hated the way social media has facilitated the abuse of Gerry and Kate McCann, and found it hard to fathom the insensitivity of all those who have posted accusations about them“ - David James Smith

Offline Vertigo Swirl

Re: A proven miscarriage of justice in Portugal
« Reply #12 on: February 06, 2019, 12:18:17 PM »
Perhaps Faithlilly would like to explain why she has such faith in the conviction of the Ciprianos?

No, I didn't think so.
"I have hated the way social media has facilitated the abuse of Gerry and Kate McCann, and found it hard to fathom the insensitivity of all those who have posted accusations about them“ - David James Smith

Offline Eleanor

Re: A proven miscarriage of justice in Portugal
« Reply #13 on: February 06, 2019, 12:23:20 PM »

I have never seen any proof that Leonor Cipriano confessed before she was beaten. Is there any?  If so then I would like to see it.

Offline Faithlilly

Re: A proven miscarriage of justice in Portugal
« Reply #14 on: February 06, 2019, 12:27:29 PM »
I have never seen any proof that Leonor Cipriano confessed before she was beaten. Is there any?  If so then I would like to see it.

I believe it was established at her trial. Nigel’s site had the information.
Moral Guilt
Detractors of the work of our British Police in bringing criminals to justice generally ignore the important distinction between moral proof and legal evidence of guilt. In not a few cases that are popularly classed with 'unsolved mysteries of crime,' the offender is known, but evidence is wanting. If, for example, in- a recent murder case of special notoriety and interest,* certain human remains had not been found in a cellar, a great crime would have been catalogued among `Police failures'; and yet, even without the evidence which sent the murderer to the gallows, the moral proof of his guilt would have been full and clear.
Robert Anderson