I think the operative word is MAY.
As far as I am concerned the very fact that police brutality / torture / call it what you will / has been proven means that the original verdict must be unsafe and at the very least a retrial is called for.
I am also very disappointed by the lack of outrage in certain quarters of this forum, and the apparent acceptance of torture by police to extract a confession as "well it happens" (and some even seemingly condoning it as "well, she got what she deserved".
Those who think that way should think very hard about why they are members of an "injustice" forum in the first place.
Police brutality and torture of a suspect can NEVER be justified. And it may get a conviction but it does not solve the crime.
Sorry all - rant over.
Trying to think this through.
I'm not sure that PT goes in for retrials, but let's pretend that it's possible...
- The defence didn't want either Leonor or João to take the stand to keep the "confessions" out of the evidence. In a retrial, assuming everything could be taken back to zero, and if both were to take the stand to explain as clearly as possible what happened that night, would the "confessions" then be admissible as evidence? Or could they be judged inadmissible? If they were judged admissible with the opportunity to explain the conditions under which they were obtained, there is no proof of the conditions of Leonor's first one (if ever she did sign on the dotted line) and there is no proof of the conditions concerning João.
- If their confessions are taken out of the equation, there is still the issue of João's "reconstruction", which was key evidence. He said that he only agreed to it as a result of being threatened with knives - but there's no proof. If the "reconstruction" is taken out of the equation... there's not much left.
- Two independent psychiatric assessments could be done (which may or may not come to the same conclusion as Sargento).
- An independent forensic scientist could evaluate the forensics (not of the "we experts, policemen" variety), which wouldn't be difficult to demolish as meaningless.
If that could be done, 90% of the current "common experience" "proven facts" wouldn't exist.
The case would collapse.
That could pave the way for a fresh investigation... but sadly probably too late for Joana.