Pedro Delille has resigned as the defense lawyer for former Prime Minister José Sócrates in the Operation Marquês trial, citing "unbearable" ethical conflicts. The court has appointed an official lawyer to represent Sócrates, while Judge Susana Seca criticized Delille's behavior throughout the proceedings.
Lawyer's Resignation and Ethical Stance
Pedro Delille submitted a formal request to the court, renouncing his mandate to represent José Sócrates. In his statement, he declared, "I renounce the mandate conferred upon me by Mr. José Sócrates... I do this for deontological reasons: I became definitively and absolutely convinced, after the episode last Thursday, that continuing in this trial violates my conscience as a lawyer and the ethics I impose on myself in an unbearable way, my independence, integrity, and professional and personal dignity." Delille did not appear in court this morning, leading to the immediate appointment of an official defender, José Ramos.
Judge's Criticism and Court's Decision
Judge Susana Seca censured Delille's conduct, stating that the incident "was caused, like others in the past, by the exclusive responsibility of José Sócrates' attorney, who sends a request on the day and does not appear. In this measure, the defender did not safeguard the interests at stake." She dismissed any nullity in the trial's continuation, emphasizing that stopping the session would "greatly harm the acquisition of evidence, the discovery of material truth, and the continuation of the trial." The judge also decided to send a new communication to the Bar Association regarding Pedro Delille, citing behavior that "is susceptible to offending the principles of urbanity" under the lawyers' professional statute.
Delille's Criticisms of the Trial
In his resignation, Delille reiterated his criticisms of the Operation Marquês trial, calling it a "simulacrum of a trial, this 'trial playing around.'" He stated that his resignation takes immediate effect, reinforcing his stance against the proceedings.
Testimony from Former Secretary
The trial proceeded with the testimony of Maria João Santos, former secretary to José Sócrates. She admitted to collaborating with Sócrates after he left office in 2011, while on unpaid leave from the Socialist Party, and receiving money from him—both through bank transfers and in cash—without any employment contract. Santos explained, "I never had any contract with José Sócrates... If I don't have a contract, in essence, he is giving me help for the secretarial services I am providing." She clarified that payments were made via transfers to a joint account with her husband and cash deliveries through João Perna, Sócrates' former driver, often at her home in Azeitão.
Defense Challenges and Nullity Arguments
The defense for João Perna invoked a nullity and even unconstitutionality, arguing that continuing the trial without proper defense preparation violated rights. Nuno Arêde Carvalho, Perna's lawyer, stated, "Justice is not done at the expense of the effective exercise of the right to defense. This seems like an insurmountable nullity." He emphasized that the situation also harmed his client's defense. Other defense lawyers, including those for Sofia Fava and Zeinal Bava, echoed concerns about the trial's integrity, with José António Barreiros warning that proceeding could "open a door to weaken this process and lead to an annulment."
Judge's Rebuttal and Final Rulings
Judge Seca refuted the nullity arguments, asserting that "the putative nullity or unconstitutionality due to the defense not being guaranteed is not verified because no concrete grounds were invoked that the defense is at risk." She maintained that the defender was present and that halting the trial would be detrimental. The judge reiterated her criticism of Delille, attributing the incident to his actions and ensuring that Sócrates would be informed of the resignation. The session continued with further testimony, underscoring the court's commitment to moving forward despite the controversies.
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