At the beginning of the trial, Eduardo Conde, who is being held accountable for a crime of mistreatment, together with the Foundation, stated that the Residential Structure for the Elderly (ERPI) "had more employees than those required by law".

"The law stipulates that we had to have 12 direct action assistants, but with that number we were unable to work", said the defendant, adding that on average there were always 15 direct action assistants to provide care to the 45 users of the institution.

In addition to this number, Eduardo Conde, a pastor of the reformed Methodist church, mentioned that there was also a group of employees assigned to the social response of SAD (Home Support Service) who also helped at the ERPI.

"I do not deny that employees always complain that there are not enough staff. What is essential to reiterate is that the board of directors had set a minimum of 15 direct action assistants who were always safeguarded during this period", he stressed.

He also highlighted that during the period in question they had an inspection by Social Security (SS), following a complaint, and an "irregularity in the number of employees was detected, but related to the auxiliary cleaning staff".

Regarding the wounds that the elderly woman had when she left the institution, the defendant claimed that she "was prone to this type of situation", due to her health conditions, having been treated several times for wounds on the heel and in the sacroiliac area (in the pelvis).

He also said that among the 45 users of the institution, a maximum of three people have wounds. "It is not a situation that we like, but it is within an acceptable average", he noted.

The defendant also stated that the user's weight loss was not a consequence of poor nutrition or lack of staff, claiming that "the lady has always been thin" and, from time to time, "had great difficulty in feeding herself", having even gone to the Hospital due to "inability to ingest any food".

"No one goes hungry in the foundation. That is an absolutely absurd accusation", he exclaimed.

However, the person responsible admitted the existence of some specific problems, adding that the direct action assistants "are often called to attention in the performance of their tasks".

The case arose following a complaint filed by the son of an elderly woman, who complains of having been poorly fed and having suffered several injuries while she was a user of the residential structure, between 2018 and 2020, due to the lack of staff to ensure adequate care for the users.

The case was shelved by the Public Prosecutor's Office (MP), but the assistant requested the opening of an investigation, following which the decision of non-pronouncement was issued, as no intentional conduct perpetrated by the home against the users was detected, although "possible situations of negligence at the level of the provision of care and assistance to the users by the respective institution" were found.

Disagreeing with the decision, the assistant appealed to the Porto Court of Appeal (TRP), which pronounced the Foundation and its president for the facts described in the request to open an investigation.

The TRP judgment states that most of the witnesses questioned stated that the institution did not have enough employees to adequately provide the necessary care to the elderly, namely to provide for their food and personal hygiene and, also, for the mobilisation of those who, like the victim, could not move on their own.

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