Former politican Duarte Lima, sentenced to ten years in prison for fraud and money-laundering last November, has demanded a re-trial and aquittal.
Lima's defence said today that the original sentence was legally flawed, Lima claims that it was not proved that he had acted "knowingly and wanting to cause material harm to Banco Português de Negócios (BPN) or the Homeland Fund."
The former leader of the PSD, lawyer, alleged murderer, money-launderer and thief, considers that 10 years in prison was rather a stiff sentence for a man of his calibre and that there were legal and procedural errors in his trial, so he should be retired and freed asap.
His defence team says that it was not proved that Lima has "an intention of unlawful enrichment" and the former PSD politician maintains that the judgment in Lisbon on November 28, 2014, was flawed.
"The court illegally sentenced Duarte Lima for the commission of a serious fraud offenses at BPN, co-authored with Vítor Raposo, and money-laundering, for which the penalty was 10 years in prison," claims his brief.
The original 2014 court summary took four hours and was thought to have ended the prosecutions in the long-running ‘Operation Homeland’ fraud case.
Lima was told by the judge last November that he had displayed "cunning conduct which misled those in charge and caused damage to Banco Português de Negócios and in this manner made gains to which he was not entitled."
Duarte Lima said before he was convicted that he expects to be acquitted "if the decision reflects what happened and the evidence produced at the trial," adding that if the decision takes into account the speculation played out in the media, then the conclusion will be 'unfavourable.' It was.
All but one of those tried in 2014 were sentenced to jail, with no suspension of sentence, with the exception of Duarte Lima’s son Pedro, who was acquitted. Pedro Lima was 20 at the time of the offences.
Lima’s lawyer last November announced that there will be an appeal against his illustrious client's sentence and in the meantime there has been no need to repay the €18 million that Lima and two co-accused were ordered to hand back.
Banco Português de Negócios from which Lima and his associates managed to borrow €43 million, had to be nationalised by the Portuguese Government in 2008 after a bad management and malpractice-related debt of €1.8 billion and several ‘irregularities’ finally were uncovered.
By 2011, BPN had been stripped of many of its debts and bad loans and was sold on to Angola’s Banco BIC for a token €40 million.
Lima also is wanted in Brazil on suspicion of the murder of Rosalina Ribeiro, the secretary and lover of Portuguese industrialist Tomás Feteira for about 30 years.
Tomás Feteira died in 2000 and in December 2009 Rosalina was murdered in Brazil, near Saquarema, Rio de Janeiro.
According to the Portuguese newspaper i, a complaint against Duarte Lima was filed by Feteira's heirs, related to missing money from the legacy of the Portuguese millionaire.
The money had been transferred to Duarte Lima's Swiss account by Rosalina Ribeiro.
The daughter of Tomás Feteira, Olímpia Feteira said that in 2001 Duarte Lima had received five transfers totalling more than €5.2 million.
Rosalina Ribeiro lost an action in a Brazilian court, where she had claimed part of the fortune on the grounds that she and the businessman lived as man and wife. However, the court dismissed her claims.
The daughter of the businessman wanted then to know why the father's accounts were being handled by his former secretary and questioned the whereabouts of the money that should have exceeded €30 million.
In December 7, 2009, Duarte Lima, who was Rosalina Ribeiro's lawyer, flew to Rio de Janeiro to have a business meeting with her.
In principle they were to handle issues related to Rosalina Ribeiro's assets.
Rosalinda later was found shot dead with two bullets in the chest and one in the head. Duarte Lima stated that only heard of her death on December 21, 2009, when he was in London preparing to travel to Hong Kong.
On Thursday, 27 October 2011, Duarte Lima formally was accused of the murder of Rosalina Ribeiro by the Public Ministry of Rio de Janeiro, Brazil.
The Brazilian authorities claim that Ribeiro was murdered after refusing to sign a document diverting millions to Lima from millionaire Feteira.
During the first interrogation via questions put in writing to Duarte Lima by the Brazilian authorities, he failed to clarify whether he had declared the money to Portuguese tax authorities.
The prosecution claims that this money was the reason for Ribeiro’s murder. It is not yet known how and when Lima will stand trial in Brazil for the murder of Ribeiro but he is finally found not guilty in Portugal, the chances of his standing trial in Brazil rise.
Interpol
Lima remains on Interopol's Wanted list.
Why the Brazilian authorities have not insisted on Lima's deportation remains a mystery and the fact that there is no extradition treaty between Brazil and Portugal is convenient for those in similar positions.
'Wanted by the judicial authorities of Brazil for prosecution / to serve a sentence'
Present family name: LIMA
Forename: DOMINGOS DUARTE
Sex: Male
Date of birth: 20/11/1955 (59 years old)
Place of birth: Portugal
Language spoken: Portuguese
Nationality: Portugal
Charges: Murder
