The Public Prosecutor’s Office has requested that the timeframe for initiating the instruction phase only begin after all evidence has been submitted, which has been granted,” an official source from the Attorney General’s Office (PGR) confirmed today, addressing concerns about the defendants not yet having access to all elements supporting the charges filed on October 28, 2024.
Highlighting that “the investigation was not under judicial secrecy,” the PGR attributes the delay to the need to, since the indictment, “eliminate emails declared inadmissible as evidence and verify which evidence could be delivered to each of the defendants, considering the restricted access to certain personal elements.”
This, it adds, is “a lengthy task involving many resources” and it is anticipated that “this operation will be concluded very soon.”
The instruction phase is optional and involves a criminal instruction judge assessing whether an accusation can proceed to trial, commonly requested by defendants in cases of significant economic and financial crimes.
On October 28, 2024, the Public Prosecutor’s Office accused António Mexia of entering into a corrupt agreement with former minister Manuel Pinho, causing a one billion euro loss to the State and electricity consumers.
The indictment alleges that the supposed illegitimate benefits, in exchange for António Mexia’s “support for Manuel Pinho’s professional and academic career” after leaving the post of Minister of Economy (2005-2009), occurred “notably in the transition from the CAE (Economic Activity Codes) to the CMEC (Costs for Maintaining the Contractual Balance) and the awarding of the Alqueva and Pedrógão dams to EDP without tender.”
The former administrator João Manso Neto was reportedly informed of the pact and agreed to it.
Although not “criminally responsible,” EDP allegedly gained an undue benefit of over 840 million euros due to the defendants’ actions, and the Public Prosecutor’s Office intends for the utility to be compelled to return “the value of the advantages” obtained to the State.
In total, the EDP/CMEC case involves six defendants, with António Mexia and João Manso Neto charged with active corruption and Manuel Pinho along with the other three defendants facing charges of passive corruption.
The defendants have denied committing any crimes.
The investigation began in 2012 and led, in December 2022, to another indictment resulting in the conviction of Manuel Pinho and former banker Ricardo Salgado to prison, in an unrelated corruption case involving EDP, which is currently under appeal.
