Lula's defense challenges Moro's ruling on expert analysis.
Lawyers for former President Lula have filed a motion for clarification to challenge Judge Sérgio Moro's request for an expert examination of the original rent receipts submitted to the 13th Criminal Court.
247 - Former President Lula's lawyers filed a motion for clarification to challenge Judge Sérgio Moro's request for an expert examination of the original rent receipts submitted to the 13th Criminal Court.
Last week, the defense submitted 31 rent receipts to the judge for the apartment next to where the former president lives, in São Bernardo do Campo. The defense's statement follows.
Lula's defense challenges Moro's ruling on expert analysis.
Lawyers for former President Luiz Inácio Lula da Silva filed a document today ("motion for clarification") questioning three points of Judge Sergio Moro's ruling on the request for expert analysis of the original receipts submitted by the defense yesterday to the 13th Criminal Court.
- He requested the removal from the decision of the section in which Sergio Moro states that Glaucos da Costamarques signed "all" the rent receipts on the same day. What Costamarques actually stated in court was that he had signed the receipts "referring to 2015" while he was hospitalized.
The defense also requests that Sergio Moro decide whether or not to prosecute the incident. And if he does, that he observe the legal procedure established in the Code of Criminal Procedure.
The defense also pointed out the need for the judge to determine whether an expert examination will be conducted, what type it will be, and what documents will be included, before there is a need to formulate questions and appoint a technical assistant.
The document also noted that "in addition to the clarifications already presented by the defense counsel (event 6), and the official letters sent by the Sírio-Libanês Hospital to these proceedings (events 1163 – criminal action – document 1), yesterday, an email from Mr. Glaucos da Costamarques dated April 7, 2014, was added to these proceedings, in which he lists the "rents received in 2013" (event 1.224 – criminal action – document 2). Also yesterday, the original copies of (i) the lease agreement, (ii) the receipts, and (iii) a letter sent by Mr. Glaucos to Ms. Marisa, the tenant, without any reservation or indication of outstanding payments, were presented."