The Counselor Judges of the Supreme Court of Justice (STJ), rejected RĂşben Candeias' appeal, of 28 year old, one of the two GNR soldiers who worked at the Territorial Post of Vila Nova de Milfontes, county of Odemira, and who were sentenced to effective prison sentences, for attacks on Indian citizens.
The defendant appealed the decision of the STJ itself, in which 4 July this year, gave him partial reason, when reducing to 7 years and 10 months in prison, the penalty applied by the 1st instance of the Court of Beja and confirmed by the Court of Appeal of Évora, which had been fixed in 8 years and 8 months in prison.
In the new appeal filed, Rúben Candeias complained about the STJ’s first ruling “arguing its nullity because it suffered from the defect of omission of foreshadowing in relation to issues raised in the appeal”, adding that the ruling targeted by the complaint “feeds the defect pointed out to the court a quo for having limited itself to transcribing the defendant's social report, not really valuing it”, finished.
The Councilors support the decision taken the previous day 14 November, “that it is not possible to see how the first instance ruling could be declared null and void”, Regarding the alleged unconstitutionality of some norms, the judges stated that “they find the allegation strange, because never, the applicant had raised such an issue”, justify.
Joao Miguel Lopes, of 32 year old, the other soldier who had been sentenced in the first instance to 8 years and 7 months in prison, saw the STJ reduce it to 6 years and 9 months, not having accompanied RĂşben Candeias in the second appeal to the Supreme Court,.
Teixeira Correia
(journalist)
