A total of 22 communications between former Prime Minister António Costa and the three main figures in Operation Influencer, gathered during the investigation by the Central Department of Investigation and Penal Action (DCIAP), were not disclosed to the Supreme Court of Justice (STJ) and the Central Court of Criminal Instruction (TCIC).
The recorded communications involve the defendants João Galamba and Diogo Lacerda Machado, and the former minister João Metro Matos Fernandes, collected between 2020 and 2022, but were never presented to either the Supreme Court or the TCIC.
On Thursday, the TCIC notified the defense lawyers, stating that its “jurisdictional power has been exhausted” due to the time elapsed. Earlier, the Supreme Court had claimed that, as António Costa is not currently the head of government, it does not have to address the matter.
The omission could lead these recordings to be considered inadmissible evidence since the law requires submission to the court within 48 hours and renewal every 15 days.
In the statement sent to the lawyers, the DCIAP confirms that the communication sessions between António Costa and those involved “are included in the Communication Interception Reports in the records” but admits it does not know why some were not identified for legal purposes.
Operation Influencer resulted in the arrest of five individuals on November 7, 2023, including the then-chief of staff of former Prime Minister António Costa, Vítor Escária.
The investigation concerns alleged criminal activity in the construction of a data center in Sines, Setúbal district, lithium exploration in Montalegre and Boticas, both in Vila Real district, and hydrogen energy production also in Sines.
The case led to the fall of António Costa’s government (PS), with the now President of the European Council being considered a suspect without being formally charged.
