The Court of Appeal has ruled in favor of a retrial in a case originally decided by the Évora Court. This decision, unveiled in a statement, hinges on two critical issues: irreconcilable contradictions in the decision’s reasoning and an evident error in evaluating the evidence.
The panel of judges, comprising Maria Clara Figueiredo, Carla Francisco, and Mafalda Sequinho, reached a unanimous decision to remit the case to the Évora Court for a new trial.
The Public Prosecutor’s Office had initially highlighted three nullities in the first-instance decision, but these claims were dismissed. However, two structural flaws identified by the appellate judges were acknowledged.
One such flaw involved a significant error in assessing the evidence, with the appellate court noting that the documented evidence plainly demonstrated the substantial and recognized risk of collapse of the EM255 occurred over several years.
The other flaw identified was a contradiction within the reasoning of the first-instance decision.
The appellate court pointed out that the Évora Judicial Court found the risk of collapse evident but also deemed it merely potential, despite acknowledging the instability that could lead to collapse at any moment.
These issues, as noted by the judges, necessitate a retrial by a new panel of judges.
On February 21, the Évora Court had acquitted all six defendants of the charges.
Among the acquitted were António Anselmo, former president of the Borba City Council, and Joaquim Espanhol, who was then vice-president, both previously indicted for multiple counts of manslaughter by omission.
Remaining defendants included officials from the Directorate-General for Energy and Geology and personnel connected to the quarry, with accusations ranging from manslaughter by omission to breaches of safety regulations. However, defense attorneys Silvino Fernandes and António Cuco reserved comments, pending a full review of the appellate decision.
On November 19, 2018, a segment of the EM255 road collapsed, triggering a deadly landslide that engulfed two quarries, one operational at the time.
The disaster claimed the lives of two marble workers and three motorists.
