The Supreme Administrative Court (STA) has upheld a previous ruling, dated April 30 and released today on its official website, rejecting the appeal by the Navy against a decision by the Central Administrative Court (TCA) South. The previous decision had nullified the sanctions imposed on 11 Navy personnel, out of 13 accused of insubordination, under the leadership of former Navy Chief Admiral Henrique Gouveia e Melo.
The STA found that the disciplinary proceedings were flawed, leading to what they described as “nullity of the disciplinary sanction decision due to procedural defects.”
Contacted by Lusa, the lawyer for the 11 personnel, António Garcia Pereira, noted that as this ruling is a final decision, no negative consequences of the sanctions can remain. He mentioned that the days of suspension were served, leaving a “blemish” on the service records of these personnel.
Garcia Pereira seeks to ensure that their service records are cleared of sanction-related information and to secure compensation for unpaid amounts resulting from the service suspension.
The defense aims to ensure accountability from the hierarchy, specifically highlighting Admiral Henrique Gouveia e Melo, who had traveled to Madeira Island at the time to publicly reprimand the personnel who refused to carry out the mission assigned to them.
Garcia Pereira suggested it is “very likely” that a claim for damages, particularly for moral harm, will be pursued.
The lawyer detailed that the STA confirmed the nullities pointed out by the TCA South, including the appointment of an officer involved in the events to instruct the disciplinary process, the lack of information to the defendants about their right to be heard with legal representation, and additional evidence proceedings that the defense was not informed about.
The STA added another basis for its decision: the nullity of dismissing the defense’s witness evidence without legal grounds, violating the defendants’ rights.
In February, the STA definitively rejected the injunction filed by the other two sanctioned personnel who also contested their penalties, but the main case is still pending a decision, according to Garcia Pereira.
In the related criminal case, the Public Prosecutor’s Office deemed the risk from the failed mission of the NRP Mondego in 2023 to be low, although it acknowledged the ship had cracks and a non-operational motor.
On March 11, 2023, the NRP Mondego failed a mission to escort a Russian ship north of Porto Santo Island, Madeira, after four sergeants and nine ranks refused to board, citing safety concerns.
The Navy reported the incident to the Military Judicial Police in Lisbon for a criminal inquiry and initiated disciplinary proceedings.
