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The Loures Court decided this Friday to maintain the measure of coercion of the term of identity and residence to António Joaquim, convicted by the Court of Appeal for the murder of triathlete Luís Grilo, after a request for preventive detention by the Public Ministry.
The assessment of the coercion measure was resolved by the judge of the Court of Loures Ana Clara Batista, as a result of the request of the Public Ministry, presented on September 11, of preventive detention for António Joaquim, alleging that there is a risk of escape until the The case’s decision becomes final in the Supreme Court of Justice, where the defense will appeal.
Speaking to journalists outside the Loures Court (Lisbon district), Ricardo Serrano Vieira, António Joaquim’s lawyer, said that “there is no danger that justifies changing the coercion measure.”
António Joaquim has been subject to the measure of termination of identity and residence since December 8, 2019, the day he was released after the panel of judges accepted a request presented by the defense requesting the revocation of the preventive detention.
The most severe measure of coercion was applied to him in September 2018, together with the accused Rosa Grilo.
On September 8, the Lisbon Court of Appeals sentenced the defendant António Joaquim, accused of the murder of Luís Grilo, to a single sentence of 25 years in prison, annulling the acquittal issued in the first instance on March 3. , by the Court of Loures.
Upon reading the judgment of the court of first instance, the jury court (in addition to three judges, four citizens – jurors were elected) sentenced Rosa Grilo to 25 years in prison for the murder of her husband, desecration of a corpse and arrest of a prohibited weapon, while António Joaquim was only sentenced to two years in prison with suspension of the sentence for possession of a prohibited weapon, being acquitted of the crimes of murder and desecration of a corpse.
In this context, the Public Ministry appealed the acquittal of António Joaquim, Rosa Grilo’s lover, in relation to the crime of homicide.
After assessing the appeal filed by the Public Ministry, the Lisbon Court of Appeal modified the facts proven in the trial for the death of Luís Grilo, noting that António Joaquim was “co-author of the crimes of homicide and desecration of a corpse”, together with Pink Cricket.
“The accused Rosa Grilo and António Joaquim acted in a concerted and joint way to achieve the same common objective, which was to take the life of Luís Grilo and dispose of his body,” concluded the Tribunal da Relação, considering that the The jury, responsible for the first instance decision, “made an error in the assessment of the aforementioned evidence and in the reasoning it carried out.”
The application of the ‘in dúbio pro reo’ principle that gave rise to the first instance decision is questioned, “when it concluded that it faced an insurmountable doubt, resolving it in favor of the accused.”
In the judgment of the Tribunal da Relação, 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, in the penalty of one year and a half”. 10 months in prison “, as well as a two-year prison sentence for the crime of possession of a prohibited weapon in which he was convicted in the 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 term in which he has just been convicted lasts.”
The appellate judges considered “unfounded” the interlocutory appeal of the accused Rosa Grilo, confirming the decision of the lower court of Loures.
António Joaquim and Rosa Grilo, who had an extramarital affair, were accused of 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, at the time when the triathlete was sleeping.
However, during the trial, the jury court made a non-substantial change in the facts, assigning the defendant Rosa Grilo responsibility for the shooting.
It is said that the crime was committed so that they can assume the love relationship and benefit from the victim’s assets: 500,000 euros in compensation for various insurance and other amounts deposited in Luís Grilo’s bank accounts, 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.
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