Lawyers Rui Patrício and Tiago Geraldo, who represent João Conceição, director of REN and former consultant to ex-minister Manuel Pinho, submitted a request to examining magistrate Nuno Dias Costa, of the Central Criminal Investigation Court (TCIC), urging "the urgent adoption of appropriate and necessary procedural measures" to prevent the inclusion of these emails in the indictment that is expected to be released next week.

At issue are 3,277 emails seized from former EDP directors António Mexia and João Manso Neto, the seizure of which was annulled in October 2023 by a precedent-setting ruling of the Supreme Court of Justice (STJ).

With the final judgment of this ruling, the TCIC judge ordered last week "the destruction of any digital or printed copy that is part of the case file relating to the remaining emails seized at the time of the seizure of those 3,277". However, the newspapers Novo and Eco reported this week that this may not happen, with the allegedly prohibited emails appearing in the indictment.

"We understand the public relevance of the issue and also the need for collective reflection and discussion on it, due to its intrinsic and also symbolic importance and seriousness. But we have nothing to add to what we have already written in the case file; that was and is our contribution, and we believe it is clear, sufficient and forceful at a time when things have reached or may be reaching a breaking point in the normal functioning of the justice system," the lawyers told Lusa.

According to the request, submitted on Friday night by Sábado and to which Lusa also had access, João Conceição's defence decided to take this initiative "to guarantee the proper functioning" of the criminal procedural system, noting that any disobedience by the Public Prosecutor's Office (MP) "would be wilfully frustrating and violating (...) a court decision to which it must comply".

Recalling that the MP prosecutors acknowledged throughout the proceedings that an annulment by the STJ (as it turned out) of the seized emails would imply their exclusion as evidence, the lawyers therefore warned of a possible practice of the crime of disobedience, but also of the crimes of violation of correspondence and malfeasance.

"It would even be - and that is why we do not want to believe that it is or could become - a judicial coup d'état," said the lawyers, considering that "an illegality as unequivocal as it is gross" would not contribute "to the prestige of justice in general and of the MP - prestige, moreover, as is known, which is very much needed; always, and now in particular".

João Conceição's defence also submitted a copy of the request to the presidency of the STJ, "not only for its knowledge, but also and above all so that this High Court may, if it so deems, also adopt the procedural measures deemed necessary and appropriate in light of the above".

If the indictment in the EDP/CMEC case - under investigation for about 12 years and concerning the Contractual Equilibrium Maintenance Costs (CMEC) - contains the emails, said evidence still runs the risk of being declared null and void in a possible investigation phase requested by defendants or assistants.

The EDP/CMEC Case eventually led in December 2022 to the indictment of former minister Manuel Pinho, his wife Alexandra Pinho, and former banker Ricardo Salgado for facts unrelated to the company and CMEC. The investigation was meanwhile separated and António Mexia and João Manso Neto are suspected of the crimes of corruption and economic participation in business, while João Conceição is suspected of passive corruption.

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