Benfica was finally constituted defendant in the E-mole case. This case, contrary to what the majority of the press indicates, is not only a violation of the secret of justice but also of active corruption on the part of Paulo Gonçalves and SAD Benfiquista. The e-mole case has been addressed several times.
The reaction of Benfica
The incarnated club could not fail to react to its constitution as an accused. I will analyze the statement incarnate point in point.
1. The Judicial Agent of SLB, SAD consulted the Autos of Inquiry and this consultation resulted in the following objective conclusions:
a) There are no facts, circumstances and evidence establishing any connection between the facts imputed to the court officials and the Board of Directors of Sport Lisboa e Benfica – Futebol, SAD.
b) There are no facts, circumstances and evidence establishing any connection between Dr. Paulo Gonçalves and the Board of Directors of SAD of the SLB regarding the subject matter of this Inquiry.
c) Likewise, there is no fact, circumstance and evidence that has any connection with the lawyers constituted in the Surveys in which Benfica is interested.
d) Finally, there is no fact, circumstance or evidence establishing any contact between the Arguidos in these Autos and the Board of Directors of SAD of SLB.
On this point: one of the Judicial Heads of Sport Lisboa e Benfica is José Luis Seixas. For those who do not remember, in the case of LEX, where Luís Filipe Vieira was constituted defendant, José Luís Seixas said on foot together that Luis Filipe Vieira had not been constituted defendant, denying the Attorney General’s own Office. Is it possible to believe in the Benfica Judicial Agent?
2. It should be noted that in order to be able to achieve the willful imputation of any benefit, the Magistrate in charge of the Inquiry would have to obtain and carry out evidence in the following ways:
a) Identify the benefit obtained, which did not;
b) Identify who received and who transmitted the information in secrecy of justice, which did not;
c) Identify at least one member of the CA, SAD who has received this information, which he did not do;
d) To identify, now in concrete, the benefit obtained and its repercussions in the march of any Autos, which did not do;
e) Identify the means to achieve any benefit, which did not;
f) Identify the counterparts of the benefits and the authors of these counterparts, which did not.
I’m going to help Benfica in these matters.
a) The benefit obtained by SAD of Benfica was information of processes involving the club and the leaders of Benfica, anticipating, for example, the searches that were made in the Luz stadium.
b) Paulo Gonçalves received this information and was transmitted by José Silva, a judicial officer.
c) From the news received to the public, there are eavesdropping that demonstrate a meeting between Luís Filipe Vieira and José Silva. Certainly not to share a white sand beach.
(d) re-read paragraph (a)
e) Re-read paragraph a)
f) The benefits of José Silva were VIP tickets, official clothing of the incarnated club and a promise of employment at the museum Cosme Damião, for the defendant’s nephew who is in custody. These kinds of offers for a fanatical people from a particular club have unimaginable values.
3. It has thus been fully established that the Inquiry, is repeated, is absolutely absent from facts, as to circumstances of time, place and mode and, what is most serious, as regards evidence to support the holder’s architecture of the Inquiry to justify the determination of the constitution of defendant to Sport Lisboa e Benfica – Futebol, SAD.
At this point Benfica tries to put expensive words to synthesize the previous points, that is, straw for donkeys.
4. Obviously, this procedural disaster was foreseeable since nothing can be drawn from nothing, reaffirming on our part that:
a) No member of the Board of Directors of SAD of SLB knows what Dr. Paulo Gonçalves knows or does not know, reiterating on our part the absolute confidence in his conduct.
b) They only learned of these facts when searching and formalizing the motivation of the searches.
c) Never, at any meeting of the Board of Directors of SAD of the SLB, any event arising from the communications, if any, arising from any of the Arguidos was addressed.
d) Nor, at any moment, any Advocate constituted by SAD of the SLB received any news about proceedings in secret of justice.
e) What everyone received – and benefited from this news – was the information obtained by the media, all in secrecy of justice with special emphasis on the Jornal de Notícias (this promoted the spokesperson for the cases that run in the Comarca do Porto ).
The SAD of Benfica says that he did not know anything about the maneuvers of Paulo Gonçalves. If Paulo Gonçalves knows, Luís Filipe Vieira knows. This is easily proven by the emails that have come out in recent months.
5. As we can see, the constitution of Sport Lisboa e Benfica – Futebol, SAD as Arguida suffers, from the outset, two very serious illegalities, namely:
a) The first, reiterates, because there is no fact, circumstance of time, place and manner, as well as proof, that establish any connection between the facts disclosed by any of the Arguidos and the Board of Directors of SAD of the SLB;
b) The second, in which he does not even believe, emerges from the inexistence of any fact that shows that Dr. Paulo Gonçalves, in any event, transmitted it to the Board of Directors of SAD of SLB.
Summary summary: More straw for donkeys.
6. It is thus proved that the constitution of Sport Lisboa e Benfica – Futebol, SAD as Arguida, as it is now possible to conclude, is not related to the facts and the evidence contained in the Inquiry, as evidenced by the absolute absence of facts, circumstances and evidence that incriminate the SAD of the SLB, but consists of yet another – and very serious – step in the persecutory path taken against Benfica by some responsible for the investigations.
Benfica has just stated, at a point overflowing with straw, that have proven, in these points in the communiqué, that SAD is constituted unfairly argued. Benfica said Benfica was saying that Benfica was wrongly accused. A proof that rests on, strictly, nothing.
7. In such a way that all the Criminal Participations delivered by Benfica are paralyzed and silenced. While those aimed at the pursuit of Benfica are repeatedly publicized despite being held in secrecy, without any consequences for the perpetrators. We emphasize that this duality has been given notice to the Attorney General.
According to Benfica, the incarnated club is being persecuted by the Attorney General and that it silences the criminal participations made by Benfica. If Benfica’s evidence of these criminal participations is the same as in the previous section, one can well see why these holdings are paralyzed.
8. But more serious in this decision is that it is not only illegal for the omission of facts, circumstances and evidence, that is, for the facts, but also for the architecture undertaken by the owner of the Inquiry which indicates that the motive of the SAD constitution of the SLB as Arguida, is not only unfocused from the constant reality of the Process, but also goes beyond the Constitution, the Law and the functional duties of the Prosecutor.
For Benfica it is the fault of the Prosecutor. Is this more an indirect of the club incarnate to try to put off the Attorney who has the courage to combat national-benfiquismo?
9. In view of the seriousness of this conduct, Sport Lisboa and Benfica – Futebol, SAD decided to proceed with the immediate challenge of the constitution as Arguida and the competent request for incident of suspicion on the Magistrate holding the investigation on the basis of various matters of fact and law, since the Magistrate in the name of the Public Prosecutor’s Office used the discretionary power to constitute a natural or collective person as Arguida in the process of Inquiry without taking into account the necessary proof of any practice of crime or of suspected suspicion, and not to observe the functional duties to which it is legally and statutorily attached, adopting a strange and conflicting conduct with the text of the procedural law and, more seriously, with the Constitution of the Republic itself.
Please re-read previous review.
10. We consider that it has been demonstrated that:
a) Promoted the formation of Sport Lisboa and Benfica – Futebol, SAD as Arguida without having facts, circumstances of time, place and way, nor of evidence to reach such desiderato;
b) All this despite having to have the special experience and competence to carry out its mission in the DIAP;
c) Even though it must and must be rigorously aware of the sporting, economic and social consequences of the constitution of the SAD of the SLB as defendant;
d) The Magistrate is facing a generic order of Attorney General, his Statute, disrespects the criminal procedural law and adopts a violation of the Basic Law.
e) Proving that we are not in the domain of technical autonomy, but only in the confrontation with the hierarchy, the Law and the Constitution of the Republic, that is, in the scope of the violation of duties emerging from the aggressions to the principle of legality.
f) In short, in our opinion this Magistrate should be refused and, consequently, be removed from the ownership of the Inquiry.
This press release from Benfica is very repetitive. This point is the abstract summary summary. Do the leaders of Benfica believe that the bigger the communication, the easier people can be cheated?
11. Sport Lisboa e Benfica – Futebol, SAD understands that the hierarchy of the Public Prosecutor’s Office and the Judges of Criminal Instruction are holders of the power-duty to put an end to this perverse, illegal and discriminatory persecution brought by some responsible to the Sport Lisbon and Benfica .
Again? Benfica said pretty much the same thing in the previous point.
12. Lastly, we reaffirm before all the millions of Members, supporters and supporters of Sport Lisboa e Benfica our full conviction that in the end the Law will prevail and it will be proved that no member of the SAD Administration of Sport Lisboa e Benfica had any type contact or knowledge about the facts imputed in this case. Facts that ultimately relate to a matter about which someone has been a victim, it is precisely Benfica. Victim of systematic violation of the secrecy of justice and arbitrariness of decisions that deserve on our part the strongest repudiation and compatible response in the legal instances.
This Benfica press release is surprising for several reasons:
a) Because they lied throughout the communiqué;
b) Because they were repeated several times;
c) Because they had the nerve to put lies in several sections of the communiqué;
d) Because the disc has been scratched in several parts of this release.
Still someone believes in the innocence of Benfica?