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“In addition to the accused António Joaquim, as there is no evidence that there was anyone else who had a close bond in terms of affection for the accused and who could have had some motivation to kill Luís Grilo, it being true that it was with that accused that He had a love affair for some time and that both intended to continue in the future, ”the ruling maintained, coinciding with the deputy’s position.
Detailing all the evidentiary elements, to which the MP appealed in the appeal of the final decision, the judges concluded that “both defendants were in collusion and together at the time the crimes were committed and that there was a concerted movement and attitudes ”. .
“If, on the one hand, the weapon that killed the victim belonged to the defendant António Joaquim, on the other, the defendant Rosa Grilo did not have or did not have knowledge of ballistics, handling of weapons and the process of eliminating identifiable traces of correspondence . from the weapon to the projectile ”, the sentence affirmed.
According to the judgment of the Lisbon Court of Appeals, the evidence allowed “the safe conclusion to be withdrawn to the effect that the defendants Rosa Grilo and António Joaquim acted in concert and in joint efforts to achieve the same common objective, which was to remove the Luís Grilo life and dispose of his body ”.
Regarding the cassation appeal presented by Rosa Grilo, the Court of Appeals stated that the accused did not specify the “specific facts that it considers to have been incorrectly judged”, therefore the request was considered “unfounded”.
As a consequence of the “partial validity” of the appeal filed by the MP, the Court of Appeals today sentenced the defendant António Joaquim to a single sentence of 25 years in prison, annulling the acquittal issued in the first instance.
António Joaquim is sentenced as “material co-perpetrator of a crime of qualified and aggravated homicide, with a penalty of 24 years in prison, and material co-perpetrator of a crime of desecration of a corpse, with a penalty of 1 year and 10 months in prison” as to 2 years in prison for the crime of possession of a prohibited weapon in which he was convicted by the court of first instance.
In addition, the appellate judges determined “the suspension of the exercise of the public function of bailiff in which the defendant António Joaquim is invested, while the prison sentence in which he has just been convicted lasts.”
On March 3, at the reading of the sentence, which took place in the Loures Court, Lisbon district, the jury court (in addition to three judges, four citizen-jurors were elected) sentenced Rosa Grilo to 25 years of prison for the murder of her husband. , desecration of a corpse and possession of a prohibited weapon, while António Joaquim was only sentenced to two years in prison with a suspended sentence for possession of a prohibited weapon.
In this context, the Public Ministry appealed the acquittal of António Joaquim, Rosa Grilo’s lover, of the accusation for the crime of murder of Luís Grilo.
António Joaquim and Rosa Grilo, who had an extramarital affair, were accused of being co-authors of the murder of Luís Grilo in July 2018, at his home in Cachoeiras, in the municipality of Vila Franca de Xira, district of Lisbon.
In the accusation, the Public Ministry attributed to António Joaquim the responsibility of the shooting, in the presence of Rosa Grilo, when the triathlete was sleeping.
However, during the trial, the jury court made a non-substantial change in the facts, attributing the shooting to the defendant.
The crime was committed in order to be able to assume the love relationship and benefit from the victim’s assets – 500,000 euros in compensation for various insurance and other amounts deposited in bank accounts held by Luís Grilo, in addition to housing.
In September 2018, Rosa Grilo was placed in preventive detention, where she remained until the end of the trial, while António Joaquim, who was subjected to the same measure of coercion, was released on December 6, 2019, after the panel of Judges would have accepted a request presented by the defense requesting the revocation of the most severe measure of coercion.
In the final arguments of the trial, the Prosecutor, Raúl Farias, defended before the jury the sentences of 20 and a half years in prison for the accused, arguing that both planned, outlined and executed a plan to assassinate the victim.
