Far North: new depositions defined on Boeing crash
September 19, 2008 - 18:38
The Federal Court of Sinop estimates that by Tuesday it will send precatory letters for the testimony of witnesses listed in the trial on the crash of the Gol Boeing, in 2006, in the north of Mato Grosso which resulted in the deaths of 154 people. This Friday, a decision by judge Murilo Mendes, determined that the procedure be undertaken, even without the realization of the interrogation of pilots Joseph Lepore and Jan Paladino, in the United States, and also motivated by a change in the law of Criminal Process.
In his decision, Mendes justified not having decided before to "not invert the order foreseen in the the Code of Criminal Process, at the same time preserving due legal process and avoiding the creation of nullities which could perhaps come to be alleged in the future."
On the other hand, law number 11,719, of June 20, in effect since August 23, caused alterations and permits that the defendants can be heard last, after the witnesses for the prosecution, as well as those called by the defense. The magistrate adds that "it no longer makes sense to worry that, the documents sent together to the the United States for the interrogation of the accused (Joseph and Jan Paladino) and the witnesses, that these be eventually heard after those. Everything recommends, therefore, that there be immediately sent to the United States the documents necessary for the questioning of the witnesses indicated by the pilots, as well as the rogatory letter for the questioning of the witness indicated by the controllers' defense, resident and domiciled in Switzerland", the dispatch adds.
The precatory letters will be sent for hearing the witnesses in different cities, with dates to be defined via notifications. In Brasilia, those subpoenaed will be Evair de Souza Junior and Antonio Francisco Costa de Castro, called by the Federal Prosecutors' Office and by the controllers' defense. Also, Wellington Andrade Rodrigues and Ramires de Jesus Vasques, listed by the flight controllers' defense.
In Rio de Janeiro, Sergio A. Salles, called by Jan Paul Paladino's defense and colonel Luis Fernando Povoas, [sic, should be Luiz Fernando] by Joseph Lepore's defense. Embraer employee Daniel Robert Bachmann, cited by the Federal Prosecutors' Office, who will receive a precatory letter from the court subsection of São José dos Campos (SP), will be herd in Sinop, on November 25, starting at 14:00.
Also in his decision, Murilo Mendes send a dispatch to the Ministry of Justice and the National Council of Justice, "informing the absence of communication, on the part of the North American court authorities, as to the progess of the pilots' interrogation".
Mendes considered 'inconceivable' the delay by the North American courts in communication to their Brazilian equivalents on the performance of the procedures that should be undertaken in that country. "One speaks of flagrant disrespect to the Brazilian courts", the judge adds.
In May 26 of this year the Federal Court issued the request for the interrogation of both pilots in the country where they reside. On July 22, a dispatch [was sent] to the Department of Recovery of Assets and Legal Cooperation of the Ministry of Justice soliciting information about the progress of the procedures overseas.
On August 19, another dispatch was sent, with the purpose of learning the fate and how far the procedure had progressed. "Up to today no answer has been received by the judge", the magistrate repeated.
Source: Só Notícias/Leandro J.Nascimento