The Lisbon Court of Appeal accuses Judge Ivo Rosa of usurping the powers of the higher court for having annulled a decision by colleague Carlos Alexandre.
It is headquartered in Madeira, 49% owned by the wife of Isabel dos Santos’ right-hand man, Mário Leite da Silva, and was the subject of a bank account arrest in a process in which Portugal complies with a request for cooperation made by the Angolan authorities: aa In July last year, the ODKAS company regained access to the accounts seized by decision of judge Ivo Rosa. The magistrate determined, at the time, that banks can be informed of the release.
The Public Ministry appealed and urgently asked that the return of the accounts be suspended, pending the decision of the higher court.
days later, already during the three-day process, Judge Alexandre enters the scene, and with a new decision: what had been determined and colleague Ivo Rosa, who returns to have the process in early September.
Thus, to decide first, to counteract the urgency and suspension of the prosecutors asked for and, secondly, to invalidate everything that had been on vacation by the judges on duty. It is this last order, which is now partially annulled by the Lisbon Court of Appeal.
Upon accessing SIC, the higher court considered that Ivo Rosa made a judgment that had no interpretation of the law to the judge that the request for withdrawal was urgent.
He says that the judge usurped a power of the Lisbon Court of Appeal by invalidating the decisions made by colleagues when they were on duty.
The court therefore decides to annul part of the decision: the urgency in the request of the Public Prosecutor’s Office gives suspensive effect to the appeal, that is, it keeps the accounts kept maintained there is no definitive decision, but, regarding the lifting of the attachment, it is not pronunciation.
In the judgment, signed by the judges, there is still a declaration of vote by one of the judges: it is requested that everything that happened in the case be made known to the Superior Council of the Judiciary, the judge’s disciplinary body.