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Tuesday, May 30, 2023

Postponed reading of the judgment of the marines accused of the death of agent Fábio Guerra

Judge Helena Susano justifies in the order issued today that the reading is postponed due to a delay in the preparation of the minutes and due to a request presented by the defense of Cláudio Coimbra, asking for the nullity of the oral order issued in the last trial session and that if it is considered “founded will affect the content of the judgment”, whose reading was scheduled for Monday, May 29.

According to the order of the trial judge, the application requires compliance with the exercise of the contradictory “and that those interested in this contradictory will have at least two days to take a position, from the date of the notification for that purpose, still to be carried out today”.

“I nullify the date scheduled for the reading of the Judgment, due to the impossibility of complying with the legally imposed requirements and triggered by the application presented by the defendant Cláudio Coimbra. In its replacement, I designate the 2nd of June, at 11:30 am”, reads in the dispatch.

Initially scheduled for May 10, the reading of the judgment by the collective of judges and jurors chaired by magistrate Helena Susano ended up being postponed due to a non-substantial change in the facts and legal qualification, which were communicated by the court to the defenses of the two defendants.

In the previous session, the presiding judge declared to the two defendants that the assaults on Fábio Guerra fell within the crime of aggravated homicide and that the assaults on agent João Gonçalves, also attacked that night, came to be considered in the crime of aggravated homicide in the attempted form.

Cláudio Coimbra and Vadym Hrynko are also responsible for offenses to physical integrity.

With regard only to Cláudio Coimbra, the court changed the classification of the crime in the facts relating to Cláudio Pereira – the first element in relation to which there was confusion even inside the Mome nightclub -, understanding that they also fall within the scope of attempted murder .

The changes communicated by the court followed the position of the Public Ministry (MP) in the final arguments of the trial. Prosecutor Luís Lourenço asked Cláudio Coimbra for a sentence of at least 20 years in prison for the crime of aggravated homicide of Fábio Guerra, two crimes of attempted murder in relation to Cláudio Pereira and João Gonçalves, and two crimes of offenses to physical integrity, in relation to Leonel Moreira and Rafael Lemos.

As for Vadym Hrynko, the MP defended the conviction for a crime of aggravated homicide, a crime of attempted homicide, another one of offenses to simple physical integrity and a crime of offenses to qualified physical integrity. The prosecutor also asked for compensation of around 184,000 euros to be paid to Fábio Guerra’s family.

PSP agent Fábio Guerra, 26 years old, died on March 21, 2022, at the Hospital de São José, in Lisbon, due to “serious brain injuries” suffered following the attacks he was the target of outside the Mome nightclub, in Alcântara, when it was out of service.

In September, the MP accused former marines Cláudio Coimbra and Vadym Hrynko of a crime of aggravated homicide, three crimes of qualified offenses against physical integrity and one crime of offenses against simple physical integrity in the case that culminated in the death of PSP agent Fábio War.

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