Ver Angola

Defense

Defendants in the Lussati case complain of “denial of justice” and “tarnished” innocence

Defendants in the Lussati case complain of “denial of justice”, due to the fact that the judge appoints unofficial defenders “against their will”, of their “tainted” presumption of innocence and accuse the court of “obstructing” the performance of their representatives.

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Some of the 49 defendants in the trial, which began on 28 June, were suspended from their representatives, by decision of the judge in the case, Andrade da Silva, following constant disagreements and complaints by these, who sometimes abandoned the trial hearings.

The trial of this mega case, suspended for more than a month, during which the judge extended the terms of preventive detention of the defendants to another four months, resumed on Monday, with the reading of the indictment by the Public Ministry.

The defendants, in requests sent to the judge of the case, to which Lusa had access this Thursday, claim for denial of justice due to the fact that their lawyers constituted and appointed unofficial defenders "against their will" are suspended.

According to one of the defendants, the judge, in a unilateral decision, imposed the obligation to appoint a new lawyer to replace his defender, a situation that goes against his will.

They ask for the revocation of the judge's order, issued on the 29th of July, allowing the validation of the mandate given to their representative.

For the defendants, in the requests sent to the judge with the knowledge of the Supreme Court, the Angolan Bar Association and other instances, at this stage of discussion of the evidence, the "imposition of the judge" to replace his representatives "is equivalent to an early conviction by the court ".

"The judicial mandate, representation and assistance by lawyers are always admissible and cannot be prevented by any jurisdiction, authority or private public entity, namely for the defense of their rights", reads the request of one of the defendants.

They also say that they have not practiced, as defendants, "an action that legitimizes the judge in the case to restrict or limit the constitutional right to choose and be assisted by lawyers of his choice".

The Lussati case, in which 49 defendants are listed, has as its visible face Major Pedro Lussati, assigned to the Military House of the Presidency of the Republic, considered the head of the group, detained in possession of millions of dollars, euros and kwanzas stored in suitcases, crates and in several vehicles.

More than 200 deponents are involved in this process, whose trial hearings take place at the Talatona Convention Center, in Luanda.

The defendants in this case, under the supervision of the Luanda District Court, between civilians and military, also ask the court to respect and comply with the Constitution and the law and regret the "obstruction" that they say the respective representatives are the target of.

The court continues to present reasons that also consider "not to be accepted for the maintenance of preventive detention, in the case of flight abroad, and continuation of the practice of accused and pronounced crimes".

"Since we no longer belong to the institutions where we previously worked and are officially prohibited by the competent authorities from any movement abroad", they refer.

They also complain that their legally established presumption of innocence is being "tainted with a kind of public sentence".

For the defendants, the social damage to their personality and their "good name and that of the families offended by the media, by various adjectives attributed", and the exposure of their lives, "is in every interest" on their part "the search for of material truth".

"We are interested in having an open trial, with all the media, national and foreign, so that the world can be informed of the veracity of the facts for our good name, our family, society and the Angolan nation", they added.

The defendants are indicted for crimes of embezzlement, criminal association, undue receipt of advantage, economic participation in business, abuse of power, fraud in the transport or transfer of currency abroad, illicit introduction of foreign currency into the country, illegal trade in currency and other crimes.

A defense source told Lusa that the hearing continues this Thursday with the beginning of the hearing of the defendants.

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