Author Topic: PJ Inspector Ana Saltão convicted of murder following Appeal Court decision.  (Read 5270 times)

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Offline misty

There are a few threads on which this article would be appropriate but I will post it here as it was written by Ana's lawyer.

https://translate.google.co.uk/translate?hl=en&sl=pt&u=http://www.asbeiras.pt/tag/monica-quintela/&prev=search

November 25, 2014 at 09:30
Opinion - Variations on minor justice?
Posted by Opinioniao
Mónica Quintela

It is with concern that I have been watching the media arrests that have taken place lately.

Principles regarded as acquired and absolutely fundamental to a State that wants to be Law and Democratic, are systematically deprecated and violated in favor of obscure objectives that in no way favor or dignify the administration of justice.

The consecrated and fundamental Principle of Presumption of Innocence until final judgment of any Condictionary Decision is dead and buried.

The right to silence that assists any citizen who is constituted defendant and who in no case can never be valued against his own, is objectively distorted. It has been replaced by the popular adages of "Whoever Consents", "Who Should not Fear" and Complaints.

And with these maxims in the paragons of the media, we returned to the trials prior to Sec. XV, in Pelourinhos or Picotas, where criminals were punished and exposed.

Ah! And I forgot! We now also have this extraordinary inquisitorial bonfire, where the good name and character of the people are being burned in a strong fire, making them authentic and ferocious judgments and the new "popular tribunals" in social networks.

It must be said that it was necessary to detain a former prime minister, not a flagrant offense, and - to believe in the massive information with which we have been offered, notwithstanding the alleged secrecy of justice - without any of the assumptions of the according to article 257 of the CPP? And it was necessary that this arrest was of the previous knowledge of a television station that, thus, filmed and transmitted in direct the car that transported the Engineer José Socrates?

And was it necessary for two newspapers to be warned so that they could immediately "camp" at the door of the IPC?

And is it necessary for televisions to film, through the intervals of the curtains, the office where an accused talks to his lawyer, capturing images of them?
And it is legal and admissible that a citizen is detained more than 48H without being heard by a Criminal Investigation Judge, intending that the simple identification of the same makes interrupt or consider fulfilled the provisions in Article 141 of the CPP?

Is it still permissible for eleven citizens to be held for five days, waiting for the Judge to hear and apply coercive measures to all? What if they were 100 defendants ?! The first that were listened to are waiting, detained, of the interrogation of the rest and the rest waiting for the first ?! For how long ?! What subversion of the system are we watching? How to allow this skewed interpretation of one of the main guarantors of citizens' rights, freedoms and guarantees?

Is Justice dignified with this type of action?

And if the citizen José Sócrates or, for example, any of the defendants of the so-called Gold case, want to exercise one of the most basic rights of defense and refer to silence during the first judicial interrogation of defendant detained?

In this case, do the elements of the Inquiry justify a coercive measure depriving freedom? What if they do not justify it? How to justify that arduous arrest?

And will the pressure of the extreme mediatism given to this type of cases allow lawyers to advise their constituents not to make statements if it proves to be procedurally appropriate? Without this being a sentence of guilty?

Lawyers and magistrates use Togas and Scholarships.

Black. Austeras. Compatible with the solemnity and dignity required of those who accuse, defend and judge a citizen.

And this judgment can only take place in the Courts and in total obedience to the Law, never in the public square. The damages to the visas are irreparable. It is of the most elementary common sense to make a sensible and balanced consideration between the necessary action, the duty to inform the citizen and the right to presumption of innocence and, consequently, to the good name of the defendants.

So long as there is no doubt about the actions and the objectives that move them.

The old story of Caesar's wife, you know?

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(https://en.wikipedia.org/wiki/Pompeia_(wife_of_Caesar)  )





Offline misty

http://portugalresident.com/pj-inspector-%E2%80%98absolved%E2%80%99-from-17-year-jail-term-for-murder

Posted by PORTUGALPRESS on January 10, 2019
PJ inspector ‘absolved’ from 17-year jail term for murder

In one of the most bizarre murder cases for a long time, a PJ inspector charged and condemned to 17 years in jail for shooting her mother-in-law over 14 times with what was believed to be a police-issue Glock has finally 'walked free’ from the very court that found her guilty three years ago.

Ana Saltão has been in and out of the news since the brutal killing of her 80-year-old mother-in-law in Celas, Coimbra in 2012.

Initially found not guilty by a Coimbra court, the verdict was overturned on appeal, which Saltão’s defence then appealed again to the Supreme Tribunal of Justice.

Ever present was the principle “in dubio pro reo” - doubts favouring the accused.

PJ colleagues in Coimbra were, said tabloid Correio da Manhã, never in any doubt.

Detectives always believed they had their killer, said the paper.

Saltão and her husband, also an inspector with the PJ, were in debt before Filomena Gonçalves was gunned down, and her death “resolved all their financial problems”.

With the Glock - “said to have been stolen from the locker” of one of Saltão’s PJ colleagues in Porto - never recovered, the issue of proof rested on ‘facts’ that Saltão’s jacket showed gunshot residue, and she had a wound to her right hand.

Saltão however maintained the wound was caused by a cooking incident, and it was later argued that the gunshot residue could have resulted from ‘contamination’ from the jacket having been left on the floor in PJ offices.

As to motive, the ‘debt’ held by Saltão and her husband was such that the killer would have to be a sociopath or have a long-running conflict with the deceased to have decided shooting multiple times was the answer.

According to Supreme Tribunal prosecutor Graça Marques the court had to absolve the inspector, due to the “impassable conflict between facts proved” which made her condemnation “unviable”.

Marques ruled there was a “notable error” in the appeal court decision that had accepted as proved that both the defendant and the victim had been facing each other.

A second autopsy on the dead pensioner’s body (exhumed due to all the doubts) showed “there were places where bullets had entered from the side”.
Also there appeared to have been an error in the number of entry wounds initially stated.

The appeals court had ‘accepted’ 14, said CM, while Marques was said to be in possession of reports that detailed “at least 15”.

Marques was also described as believing it was “not possible to determine motive”.

Back in 2016, CM suggested Marques had a “known friendship” with Coimbra magistrate Maria João Barata who initially freed Saltão from five-months preventive custody and was later removed from the case.

The friendship was “causing discomfort within the Public Ministry”, stressed CM - which continued - and continues - to pursue the theory that Saltão ‘did it’.

In the retrial, State prosecutors were asking for a 25 year jail term. But yesterday they heard they will not be getting it, and there is no further basis for another appeal.

Finally, after six years of legal battling, Ana Saltão has been freed from the murder charge that the same court deemed proven back in 2015.

Observador suggests this may not be ‘the end’ to this story.

“The Public Ministry can still appeal”, says the paper, but only to the Constitutional Court - and with two ‘not guilty’ rulings in the past, no one can possibly say what decision might be forthcoming.

In the meantime, the case has to ‘transitar em julgado’ (officially pass through all the channels before this latest decision is ratified).

And of course the question remains, if Ana Saltão didn’t gun down her mother in law all those years ago, then who did?

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It's not over until it's over when the system is gunning for you....imo.

Offline Eleanor


Who on earth else would want to shoot an 80 year old woman that many times?   Was she a Drug Baron?

But whatever else you do, don't leave your clothing lying around on a PJ Office floor.  It's covered in gun residue.  Who'd a thought it?

Oh,  and always hope for a friend who is a Magistrate.

I have to say that I sometimes wonder why Portugal bothers with a Court of the First Instance.  Unless you are an illiterate Peasant who doesn't know how to defend themselves, and often gets beaten into a confession, which is then illegally produced In Court.

I had hoped for an improvement in The Law in Portugal.  It has to happen one day.  But not just yet it seems.

Offline Vertigo Swirl

http://portugalresident.com/pj-inspector-%E2%80%98absolved%E2%80%99-from-17-year-jail-term-for-murder

Posted by PORTUGALPRESS on January 10, 2019
PJ inspector ‘absolved’ from 17-year jail term for murder

In one of the most bizarre murder cases for a long time, a PJ inspector charged and condemned to 17 years in jail for shooting her mother-in-law over 14 times with what was believed to be a police-issue Glock has finally 'walked free’ from the very court that found her guilty three years ago.

Ana Saltão has been in and out of the news since the brutal killing of her 80-year-old mother-in-law in Celas, Coimbra in 2012.

Initially found not guilty by a Coimbra court, the verdict was overturned on appeal, which Saltão’s defence then appealed again to the Supreme Tribunal of Justice.

Ever present was the principle “in dubio pro reo” - doubts favouring the accused.

PJ colleagues in Coimbra were, said tabloid Correio da Manhã, never in any doubt.

Detectives always believed they had their killer, said the paper.

Saltão and her husband, also an inspector with the PJ, were in debt before Filomena Gonçalves was gunned down, and her death “resolved all their financial problems”.

With the Glock - “said to have been stolen from the locker” of one of Saltão’s PJ colleagues in Porto - never recovered, the issue of proof rested on ‘facts’ that Saltão’s jacket showed gunshot residue, and she had a wound to her right hand.

Saltão however maintained the wound was caused by a cooking incident, and it was later argued that the gunshot residue could have resulted from ‘contamination’ from the jacket having been left on the floor in PJ offices.

As to motive, the ‘debt’ held by Saltão and her husband was such that the killer would have to be a sociopath or have a long-running conflict with the deceased to have decided shooting multiple times was the answer.

According to Supreme Tribunal prosecutor Graça Marques the court had to absolve the inspector, due to the “impassable conflict between facts proved” which made her condemnation “unviable”.

Marques ruled there was a “notable error” in the appeal court decision that had accepted as proved that both the defendant and the victim had been facing each other.

A second autopsy on the dead pensioner’s body (exhumed due to all the doubts) showed “there were places where bullets had entered from the side”.
Also there appeared to have been an error in the number of entry wounds initially stated.

The appeals court had ‘accepted’ 14, said CM, while Marques was said to be in possession of reports that detailed “at least 15”.

Marques was also described as believing it was “not possible to determine motive”.

Back in 2016, CM suggested Marques had a “known friendship” with Coimbra magistrate Maria João Barata who initially freed Saltão from five-months preventive custody and was later removed from the case.

The friendship was “causing discomfort within the Public Ministry”, stressed CM - which continued - and continues - to pursue the theory that Saltão ‘did it’.

In the retrial, State prosecutors were asking for a 25 year jail term. But yesterday they heard they will not be getting it, and there is no further basis for another appeal.

Finally, after six years of legal battling, Ana Saltão has been freed from the murder charge that the same court deemed proven back in 2015.

Observador suggests this may not be ‘the end’ to this story.

“The Public Ministry can still appeal”, says the paper, but only to the Constitutional Court - and with two ‘not guilty’ rulings in the past, no one can possibly say what decision might be forthcoming.

In the meantime, the case has to ‘transitar em julgado’ (officially pass through all the channels before this latest decision is ratified).

And of course the question remains, if Ana Saltão didn’t gun down her mother in law all those years ago, then who did?

--------------------------------------------------------------------------------------------------------

It's not over until it's over when the system is gunning for you....imo.
A question for the Portuguese law experts on the forum.  Has this policewoman now been cleared?
"The answer is that no-one here believes the parents were directly involved in MM's disappearance" - G-Unit.

Online Robittybob1

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Offline Brietta

I just hope she hasn't got her job back.

Now isn't that an interesting thought!  To which one must say ... why ever not? the Portuguese court has declared her innocent and two appeals against have acquiesced with the court ... therefore she is an innocent woman.
The remit of Operation Grange is to investigate ...  "(as if the abduction occurred in the UK)"

Offline Davel

Now isn't that an interesting thought!  To which one must say ... why ever not? the Portuguese court has declared her innocent and two appeals against have acquiesced with the court ... therefore she is an innocent woman.

Yes... Surely she's proved her innocence
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Offline Montclair

Yes... Surely she's proved her innocence

She did not prove her innocence. She was acquitted on the basis "in dubio pro reo" (in doubt, in favor of the defendant), meaning they ruled in her favor because there was no "beyond a reasonable doubt", as they say in the American crime series. The couple's financial situation certainly improved greatly after the woman's death.

Offline Davel

She did not prove her innocence. She was acquitted on the basis "in dubio pro reo" (in doubt, in favor of the defendant), meaning they ruled in her favor because there was no "beyond a reasonable doubt", as they say in the American crime series. The couple's financial situation certainly improved greatly after the woman's death.

If she hasn't proved her innocence having been acquitted.... How could a reconstruction have proved the mccanns innocent
« Last Edit: January 11, 2019, 12:17:26 PM by Davel »
mods can delete posts but...
The moving finger writes and having writ moves on...
nor all thy piety nor wit can lure me back to alter but  a line..nor all thy tears wash away  a word of it

Offline John

She did not prove her innocence. She was acquitted on the basis "in dubio pro reo" (in doubt, in favor of the defendant), meaning they ruled in her favor because there was no "beyond a reasonable doubt", as they say in the American crime series. The couple's financial situation certainly improved greatly after the woman's death.

Correct, she has not been found innocent of involvement.  The Supreme Court found that there was insufficient evidence to convict her.

If forensics tied a police issue pistol to the murder then clearly there are some very difficult questions still to be answered.
« Last Edit: January 11, 2019, 12:57:36 PM by John »
A malicious prosecution for a crime which never existed. John Lamberton exposes egregious malfeasance by public officials.
The truth never changes with the passage of time.

Offline Davel

Correct, she has not been found innocent of involvement.  The Supreme Court found that there was insufficient evidence to convict her.

I did understand  that.... So how could the McCann's have proved their innocence when even going to court and being acquitted doesn't prove it
mods can delete posts but...
The moving finger writes and having writ moves on...
nor all thy piety nor wit can lure me back to alter but  a line..nor all thy tears wash away  a word of it

Offline John

I did understand  that.... So how could the McCann's have proved their innocence when even going to court and being acquitted doesn't prove it

Cooperating fully with police is always helpful.
A malicious prosecution for a crime which never existed. John Lamberton exposes egregious malfeasance by public officials.
The truth never changes with the passage of time.

Offline Davel

Cooperating fully with police is always helpful.

Does it prove innocence.... Obviously not... The McCann's have been criticised fir not proving their innocence... When in reality it's basically impossible
mods can delete posts but...
The moving finger writes and having writ moves on...
nor all thy piety nor wit can lure me back to alter but  a line..nor all thy tears wash away  a word of it

Offline Davel

Is this person considered cleared... That's the questionnone of the McCann critics want to answer
mods can delete posts but...
The moving finger writes and having writ moves on...
nor all thy piety nor wit can lure me back to alter but  a line..nor all thy tears wash away  a word of it

Offline John

Does it prove innocence.... Obviously not... The McCann's have been criticised fir not proving their innocence... When in reality it's basically impossible

A seasoned detective can usually tell whether a suspect is being deceptive under examination. Refusing to answer straight forward questions is usually an indicator of guilt. It is the detective's job to establish evidence as to what form that guilt might be and whether there is a criminal element to it.
A malicious prosecution for a crime which never existed. John Lamberton exposes egregious malfeasance by public officials.
The truth never changes with the passage of time.