Cipriano Case: Psychic Prosecution Lawyer requests removal of the President Judge Henrique Pavão

Marcos Aragão Correia after being preventively suspended by the Madeira Lawyers Association, was expelled from the Court of Faro, last 22nd of January by the presiding judge Henrique Pavão. Now the psychic lawyer requests that the president judge is dismissed from the trial of the five Judiciary Police inspectors on the grounds of being biased. Again we see that this lawyer keeps promoting unnecessary and vexatious litigations - one has to wonder why the OA - Ordem dos Advogados [Lawyers Association] does not act accordingly to its own deontological code.




Rodrigo Santiago, OA's representative and assistant for the prosecution, Marcos Aragão Correia and Leandro Silva, Leonor's companion


To the news - rehashed from the 22nd to the 24th of January


Marcos Aragão Correia, Leonor Cipriano's lawyer, today requested the removal of the judge-president of the trial of the PJ inspectors accused of torture, arguing that the behavior of the judge indicates bias.

In a request made to the Court of Appeals in Évora, to which the Lusa agency had access, the defense of Leonor Cipriano claims that, during the trial, which started on 24 October the Court of Faro, "several actions of the presiding judge indicated a possible lack of impartiality against the mother of the girl disappeared in September 2004" and in "favor of defendants".

Stressing "the impartiality and independence of the other judges of the collective", in the request sent to the superior court, signed by the lawyer for Leonor Cipriano, Marcos Aragão Correia also claims that "Henrique Pavão has inevitably affected the production of proof of accusation, annulling it almost completely."

The request also emphasizes that the prosecution lawyer against Gonçalo Amaral, Leonel Morgado Marques and Paulo Pereira Cristovão, former inspectors of the PJ and Paulo Marques Bom and Antonio Cardoso, still in the active; believes that "all the defendants will be acquitted of all crimes" of which they are accused if Henrique Pavão continues as the president of the collective of judges, composed by two other magistrates.

Aragão Correia noted that the judge granted only one of the 40 applications received "to date" (the hearing of the director, Ana Maria Calado, of the Odemira prison where Leonor Cipriano fulfills her sentence) and rejected all others, including one about the fact that former and current PJ officers carried firearms to the Court audiences.

The application [regarding the firearms] was lodged on the 17th of October, before the trial sessions, and afterwards on November 18th; in the request delivered today it's referred that only at the court hearing of January 16 the president judge gave the order of dismissal, alleging that "it was amazing and incredible that all the defendants showed an excellent behavior and ethical conduct" in all the audiences.


"Doing that great praise about the defendants, the President judge, Mr. Henrique Pavão lost immense credit towards the impartiality to which he is legally binded", it is stressed in the application, which also refers the refusal of inquiring Barra da Costa [as a witness for the accusation], who was a PJ inspector Chief for 30 years, and currently is an university professor in the field of criminology [also book author, published the Tapas swinger's theory in 'Maddie, Joana e a Investigação Criminal – A Verdade Escondida' and talk show commentator].

The defense of Leonor Cipriano believes that "Henrique Pavão dismissed without any plausible explanation the testimony of the witness" and notes that the magistrate "delays the decisions on the majority of applications" made by Marcos Aragão Correia; and remembers the episode regarding his preventive suspension, on January 22, as determined by the Madeira/Funchal Lawyers association(OA).

The suspension was lifted [though Marcos Aragão Correia is still an object of a disciplinary process]after the current address of the lawyer was communicated to the Madeira/Funchal Lawyers association(OA). Aragão Correia said "Henrique Pavão did not even see the documents" and showed "a lack of extreme urbanity [is Marcos saying the Judge lacks manners?], preventing him "of intervening in the trial hearing".

Today's request still shows evidence of an alleged impartiality of Henrique Pavão in a process involving a journalist, who witnesses that the judge "unlawfully favored in an absolute notoriously manner the opposing party."

The Court of Appeals in Évora now has 30 days to rule on the incident to excuse the president judge of the process of the alleged aggressions to Leonor Cipriano by the PJ inspectors, three accused of the crime of torture, one for not having provided aid and for omission of the complaint and a fifth accused of falsifying a document.

The Joana case "dates back to the 12th of September 2004, day when the girl, then eight years old, disappeared from the village of Figueiró [sic - actually is Figueira], Portimão. The mother, Leonor Cipriano, and uncle, João Cipriano, were sentenced to a penalty of 16 years each in prison for the crimes of qualified homicide and concealment of corpse.

Source: Lusa News Agency



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by astro

This idiot thinks he now has the powers to get rid of judges who dont side with him...

Who does he think he is? Clarence Mitchell???

Trial of the alleged assault of a PJ Leonor Cipriano returns to court
The trial of the alleged attacks on Leonor Cipriano by inspectors of the Judicial Police (PJ) returns today to bar the Court of Faro, after the assistant's lawyer, Marcos Aragão, have requested the removal of the judge-president for 'bias'

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The lawyer for Leonor Cipriano, Marcos Aragão Correia, asked Wednesday the removal of the judge-president, Henry Peacock, the trial of the inspectors of the PJ, arguing that the behavior of the judge shows "bias".

In application to the Court of Appeal in Évora, the Lusa agency that had access, defense of Leonor Cipriano claims that, during the trial, which started on 24 October 2008 the Court of Faro, 'multiple pipelines of the Judge-President began to indicate a possible lack of impartiality against 'the mother of the girl disappeared in September 2004 "in favor of defendants.

At the meeting scheduled for today at 10.00, the Court of Faro, is scheduled to be heard Teresa Magalhães, witness given by the President of the National Institute of Legal Medicine, following a request by Rodrigo Santiago, on behalf of the Bar.

The case of the prosecutor charges against five ex-inspectors and inspectors of Judicial emerged following interrogation of the PJ of Faro, in 2004, when Leonor Cipriano, mother of the girl Jane, have appeared with lesions in the face and body in Establishment of Odemira Prison, where he was in custody.

Three inspectors are accused of crime of torture, is accused of a crime of perjury and failure to report and a fifth is accused of the crime of forgery of document. Joana's mother, Leonor Cipriano, and uncle, John Cipriano, are condemned by the Supreme Court to 16 years in prison each, for the crimes of murder and concealment of the child's corpse.

Lusa / SOL
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