Blue Bag. Benfica's Lawyers Consider Clear Lack of Evidence
Benfica's lawyers Rui Patrício and João Medeiros considered today, during the preliminary debate of the 'Saco Azul' case, that it was clear that there was no evidence in a case that "has not had an object for a long time".
© Getty Images
País Saco Azul
"In the process, it had been assumed for a long time that there was no slush fund. What is regrettable is that the prosecutor, although admitting that he found no evidence of anything, continues to talk about a slush fund. He is saying one thing and its opposite. It is very clear that there is no evidence. It is confessed and admitted by the Judiciary Police and the Public Prosecutor's Office. It is important to stop calling the process 'Slush Fund', as it has had no object for a long time", said Rui Patrício, leaving the Justice Campus, in Lisbon.
Among the defendants are SAD do Benfica, Benfica Estádio, Luís Filipe Vieira, Domingos Soares de Oliveira and Miguel Moreira, who requested the opening of an investigation into the process, in which the Public Prosecutor's Office accuses the former president of the Luz club of three crimes of qualified tax fraud and 19 of document forgery, as well as Miguel Moreira, the club's former financial director, and Domingos Soares de Oliveira, who continued at SAD 'encarnada' after Luís Filipe Vieira left the club's management, in 2021.
These crimes are imputed in co-authorship with the company QuestãoFlexível and the defendant José Bernardes, while SAD do Benfica is accused of two crimes of tax fraud and Benfica Estádio of one crime of tax fraud and 19 of document forgery.
"I believe that it has been undeniably demonstrated that the interventions of Luís Filipe Vieira and Domingos Soares de Oliveira were due to the exercise of their position, without specific knowledge of the contracts. Therefore, I understand that there will be a decision of non-pronouncement. It also seems to me that it has been shown that the services were real. I think that will be enough to bring down the entire accusation", said João Medeiros.
During the evidentiary hearing, prosecutor Hélder Branco dos Santos stressed that the essential question is "to understand whether the services that were invoiced by QuestãoFlexível were, or were not, carried out", emphasizing that "they are fictitious and do not reflect a true economic relationship and provision of services with these Grupo Benfica companies".
Hélder Branco dos Santos argued that "no one knows" the company, where José Bernardes was the only employee, "there is no specification book", the invoicing "is totally random" and QuestãoFlexível was developed at the residence of that defendant.
"The Public Prosecutor's Office understands that there is sufficient evidence that the services were not provided and, if they were not, there is no point in paying for them. If they were paid, it only makes sense if there is a return of money to the Benfica Group. The logical reasoning is that the money returned to Benfica. In fact, we have no direct proof of this, but it is a deduction, as it could only have been that way. To have an accusation, I don't need to have certain and absolute proof, I just need to have a deductive reasoning", pointed out the Public Prosecutor.
The defense of the defendants countered the deductions presented by the Public Prosecutor's Office with "several counter-indications", such as José Bernardes' cash withdrawals being prior to the payments by the Luz club and the amounts transferred not corresponding to the amounts withdrawn, in addition to the telephone interceptions between Miguel Moreira and José Bernardes "saying exactly the opposite" of the accusation made.
"The evidence revolves around the issue of services, but it does not revolve around the issue of whether or not they are provided. The question revolves around whether the services are real, which is a different thing. A large part of the services refer to high availability, which are insurance and are only activated when there is a claim. If there is none, the services are not provided, but they are real", also alleged Rui Patrício, in the evidentiary hearing.
The reading of the evidentiary decision of this process was scheduled for June 11, starting at 2:00 pm, to be held also at the Criminal Investigation Court, in Lisbon.
Read Also: Justice ends 2023 with more than half a million pending processes (Portuguese version)
Descarregue a nossa App gratuita.
Oitavo ano consecutivo Escolha do Consumidor para Imprensa Online e eleito o produto do ano 2024.
* Estudo da e Netsonda, nov. e dez. 2023 produtodoano- pt.com