This is the ongoing saga of Judge Rui Rangel who sued Correio da Manhã. The newspaper was found not guilty in the court of the first instance, guilty in the court of appeal, and not guilty again in the Supreme Court which ordered Rangel to pay the costs.
It is now widely inferred that Rangel was aided by the former president of the Court of Appeal Luís Vaz Neves, and at least one other judge (possibly two) as well as a court clerk.
Damning evidence was leaked to TVI24 (television station) via Europol, claims the station, which published a purported text-conversation between Rangel and Vaz Neves, in which the former asked the latter to ‘control the situation’ regarding the allocation of the Correio da Manhã case
https://www.portugalresident.com/judicial-uproar-as-investigation-suggests-system-of-allocating-cases-is-rigged-and-open-to-corruption/
It seems that the problem is with the Court of Appeal where this judge was helped by his fellow judges. His influence doesn't seem to have extended to the other courts as they ruled against him.
My understanding of it is that it has been possible to allocate particular judges to hear and pass judgement on the final appeals of particular cases.
That is a very serious matter indeed for the rule of law and the impartiality of the courts and in my opinion the seriousness of the situation is not unrecognised in Portugal.
The Court of Appeals isn't the final option though. Rangel was, allegedly, able to 'fix' his appeal, but he wasn't able to fix the (higher) Supreme Court outcome; it overuled the Appeal Court's judgement.
The only court involved, it seems, was the Appeal Court. Both the lower and higher courts ruled against him. It is indeed a serious matter, but it doesn't mean all the courts and all the judges are corrupt.
The fact that the appeal court is open to corruption suggests that the SC could be too
Wasnt it the appeal court the mccs won to have TOTL baned - so IMO that could have been corrupt.
from what I remember one of the judges involved in the overturning of the ban on amarals book was also involved in amarals appeal...so that raises questions
Wasnt it the appeal court the mccs won to have TOTL baned - so IMO that could have been corrupt.
from what I remember one of the judges involved in the overturning of the ban on amarals book was also involved in amarals appeal...so that raises questions
What questions does this raise?
Perhaps The judge believes in Freedom of speech rather than Protecting the Parents reputation- whatever the parents see fit to have?
Judicial corruption controversy: President of Court of Appeal stands down .... Algarve daily News .... 03 March 2020
https://algarvedailynews.com/news/17733-judicial-corruption-controversy-president-of-court-of-appeal-stands-down
What does this mean?
What repercussions might there be to the Amaral v Mccann case, which Amaral won on appeal? Could it be because of the pending ECHR judgement? Your thoughts please.
Mods. If this has already been posted and I have missed it please delete this new thread
I don't see any repercussions for the McCann v Amaral case as the resignation related entirely to the appointment of judges. It is good to see that any mischief within the judiciary in Portugal will not be tolerated.
Thank you for bringing this to our attention Sadie.
I would add that the case you mention has been concluded and will not be reopened. The Supreme Court made their decision and ruled against the McCanns. They even conducted a legal review of that decision which remained unchanged but with the qualification that the MCCANNS HAD NOT BEEN CLEARED.
the ECHR may well rule the SC is wrong....the SC do have a very poor record at the ECHR
The decision was a matter for Portugal, it cannot be overturned by the ECHR.It can be corrected and amaral stopped going forward
It can be corrected and amaral stopped going forward
Has there been another book and its author stopped following a ECHR judgement?
I don't know of a previous ECHR action against a book .....do you
https://algarvedailynews.com/news/17733-judicial-corruption-controversy-president-of-court-of-appeal-stands-down
The algarve Daily News. 03 March 2020
Judicial corruption controversy: President of Court of Appeal stands down
Following allegations of rigging in the system of allocating judges, president of Lisbon’s Court of Appeal Orlando Nascimento has resigned with immediate effect.
A letter tendering his resignation was requested last week and reportedly received on Monday. Meantime, public prosecutors are deciding whether Judge Nascimento is to be added to the charge sheet of corruption investigation Operation Lex which has already cited his predecessor Luís Vaz Neves (click here).
Article by kind permission of The Portugal Resident
Still enjoys the presumption of innocence though.
Still enjoys the presumption of innocence though.