The Appeal judges say that Sobrinho’s arguments are fake and argue that there is no justification for missing the start of the trial.
The Lisbon Court of Appeal rejected an appeal by the former banker, in the process known as the BESA case, which began to be judged on May 5 last year. Nephew had recorlaughed at the fact that the judge had given him a.
The former executive president of Banco Espírito Santo Angola, who renounced his Portuguese nationality 40 years ago, asexplained that the Portuguese authorities had only given him a 90-day visa and he understood that this permission had to be for the entire period of the trial.
In a ruling this Tuesday to which SIC had access, the Appellate judges say that Sobrinho’s arguments are false:
“What he filled out and requested at the Portuguese consulate in Angola was a ‘Schengen visa’, that is, a short-term visa (…) Exactly what he requested was granted (…) NIt is not clear why he did not request a Temporary Stay Visa, motivating the request.”
For this reason, say the judges, there is no justification for missing the start of the trial:
“Not only did he not appear at a trial hearing, he also had a visa that allowed it, and it is mere futurology whether or not he would have a visa for all the hearings (so much so that he could request its renewal) and furthermore, if he had so intended, he could have requested a different visa for a longer period, the inadequacy of the visa not being the responsibility of the Portuguese State, as it maintains, but only its responsibility.”
The higher court also considers that the first instance court’s decision not to allow Sobrinho to attend the trial remotely, through the Webex platform, was correct:
“It is demonstrated in the records that he could voluntarily be present at the trial hearing sessions that took place during such a period, given that he had a visa for that purpose, and there was therefore no reason that would make it impossible for him to travel to the beginning of the investigation hearing, especially since he claims the financial availability to do so.”
In conclusion, the judges understand that Álvaro Sobrinho, in fact, never intended to come to trial:
“It appears that the defendant-appellant never intended to appear at a trial hearing, and that the argumentative construction he now invokes only intends to camouflage this.”
In the BESA case, Álvaro Sobrinho is on trial with four other defendants, including Ricardo Salgado.
At issue in this case is, in particular, the alleged diversion, between 2007 and 2012, of funds from BES financing to BES Angola in Interbank Money Market (MMI) credit lines and bank overdrafts.
In total, the defendants allegedly obtained illicit benefits worth around five billion euros and more than 210 million dollars.
The Public Ministry says that there is evidence that money from BES and BES Angola ended up in the accounts of some of the accused.
Álvaro Sobrinho is accused of 18 crimes of aggravated breach of trust and five of money laundering.
Ricardo Salgado is now responsible for five crimes of breach of trust and one of qualified embezzlement.
