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Harmed parties of the BES/GES process against the request for the judge’s removal

According to a document accessed today, filed on Thursday evening, the defense of the BES/GES case victims argues that the trial, which began last year, should proceed with the same panel of judges, deeming the motion filed by two defendants as unfounded.

This stance follows a request by the defense of two Swiss defendants to remove Judge Helena Susano, claiming she had prior knowledge of witness testimonies before interrogation in the trial.

“It is in the interest of all parties that the trial progresses uninterrupted, ensuring their defense rights are respected,” the document states.

The victims’ defense argues that prior knowledge by the court, outside of the hearing, does not constitute nullity or irregularity; it cannot simply form the court’s conviction until read in court.

“Given the media attention of what is called the largest case in Portuguese justice, and its continuous presence in journalistic reports, constant procedural irregularities would arise,” adds the victims’ defense of the BES/GES case.

The request from the defense of the former Swiss BES executives concerns court sessions from early July this year.

“During the testimony of defendant Francisco Machado da Cruz, the president of the collective reportedly stated she had read depositions given by this defendant during the inquiry phase,” point out the lawyers of the two former managers.

The defense claims “the president of the panel’s behavior was illegal” and considers this episode a “serious, grave, and suitable reason to question the judge’s impartiality” of Helena Susano.

Among the 18 defendants in this case, former BES president Ricardo Salgado is the principal one, facing charges for around 60 crimes, including criminal association and various active corruption charges in the private sector and qualified fraud.

The Public Prosecutor estimates that the alleged acts committed between 2009 and 2014 by the defendants, former BES and GES executives, caused losses of 11.8 billion euros to the bank and group.

The trial has been ongoing since October 15, 2024, at the Central Criminal Court of Lisbon.

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