The start of the investigation phase of the Hells Angels case, scheduled for this Wednesday at the Monsanto court, did not took place due to the lack of attendance by lawyers and defendants.
In an order by Judge Carlos Alexandre, it is stated that the defendants and lawyers who were due to appear today on the investigation stage alleged health or preventive and public health reasons for their absence.
The only person required to be present at the court today was defendant Paulo Boavida, who in his request to open an inquiry asked for the interrogation of several co-defendants who also did not appear, but who have the legitimacy to do so, according to the magistrate.
In view of the “en bloc” absence of procedural interveners, the judge considered the envisaged interrogations as “without effect”, considering that the co-defendants summoned to make statements gave up their intention to do so, remembering that they are obliged to testify in this case.
Some defendants sent applications to the court alleging that, during the pandemic period for covid-19, the health authorities’ recommendations for due diligence are not fulfilled.
However, the judge considers that the reasons given “are not applicable”.
For Carlos Alexandre , the reasons presented by the absentees are intended to delay the progress of the process, which has 89 defendants, one of whom is in preventive detention, keeping the day of Friday for the interrogation of six defendants.
Some lawyers invoked Law No. 4-A / 2020 of 06 April to request the use of means of distance communication for due diligence.
“In cases that require the physical presence of the parties, their representatives or other procedural actors, the practice of any procedural and procedural acts is carried out through appropriate means of distance communication, namely teleconference, video call or other equivalent”, determines the law.
However, regarding the use of virtual applications such as Webex, Zoom, Skype, Teams, Whatsapp and Jitsi meet, as well as virtual access to the courtroom, the judge admits in the order, that the Monsanto court “does not have access to these means “.
According to lawyer Túlio Araújo, “the defendants in the Hells Angels case want to give their testimonies in safety by suggesting alternative means already used in the courts such as Webex, Zoom, Teams and Jitsi meet”.
However, adds the lawyer, the judge “replies that the court does not have access to these means, when the disclosure 83/2020 of the Superior Council of the Judiciary says that it is done with these means or is postponed”.
The Hells Angels process is within the parameters of fundamental rights and is considered urgent because it has a defendants in custody.
Due to the social exclusion measures imposed by the Covid-19 pandemic, the judge had reserved the two courtrooms for due diligence, with 100 seats for lawyers and another 100 for defendants, but no one came.
In the Hells Angels case, the prosecution argues that the 89 defendants of the ‘biker’ group drew up a plan to annihilate a rival group in March 2018, using physical force and various weapons to cause serious injuries, “if necessary until death “, including Mário Machado (leader of the extreme right movement Nova Social Ordem).
The defendants are accused of a criminal association, attempted qualified homicide aggravated by the use of a weapon, offense to physical integrity, extortion, theft, drug trafficking and possession of weapons and ammunition, among other crimes.
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