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The investigating judge of the Madeira District Court decided not to pronounce (send to trial) the former mayor of Funchal, Paulo Cafôfo. The decision was announced Monday morning and concludes the investigation phase of the process.
“Therefore, and by virtue of the provisions of articles 283 (2), 307 and 308 of the Code of Criminal Procedure, I decide not to pronounce the accused Paulo Alexandre Nascimento Cafôfo in practice, in the material authorship and actual competition, thirteen crimes of homicide by negligence, p. and p. by the joint provisions of articles 137, paragraphs 1 and 15, of the Penal Code and twenty-four crimes of crimes against physical integrity by negligence, p. and p. by article 148, paragraph 1 of the same legal title “, reads in the final order of the instruction.
The vice president of the municipality of Funchal, Idalina Perestrelo -responsible for the areas of Urban Environment, Green and Public Spaces- and the head of the Division of Gardens and Green Spaces, Francisco Andrade, both accused in the process, were sentenced to trial.
It is recalled that the two defendants had requested the instruction because they considered that they should not be tried. The Court had a different understanding.
“Each of the defendants Idalina Perestrelo Luís and Francisco Pedro de Freitas Andrade to pronounce for the practice, in material authorship and in real competition, of thirteen crimes of homicide due to negligence, p. And p. By the joint provisions of articles 137, n. 1 and 15, of the Penal Code and twenty-four crimes of crimes against physical integrity due to negligence, p. And p. By article 148, paragraph 1 of the same legal title, “indicates the final order process.
On August 15, 2017, a large, centenary tree fell on a group of people who, in Largo da Fonte, in Monte, were waiting for the Nossa Senhora do Monte procession to pass. The fall caused the death of 13 people and a hundred injured.
In October 2018, the prosecutor charged two of the three defendants in the process. The vice president of CMF, Idalina Perestrelo, head of the Urban Environment, Green and Public Spaces Area, and the Head of the Gardens and Green Spaces Division, Francisco Andrade, for 13 crimes of negligent homicide and 49 for crimes against integrity. Involuntary or negligent physical activity. They requested the opening of an investigation.
At the same time, the deputy did not accuse the then president of the CMF and justified the decision with the fact that Paulo Cafôfo delegated powers over green spaces.
A year later, in October of last year, the investigative phase of the process began, behind closed doors.
Now, more than a year later, which is also related to the Covid-19 pandemic, the decision of the investigating judge was known, which, in summary and in a simplified way, endorses the understanding of the Public Ministry.
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