Judge is outraged and ends testimony after defendant opens beer during hearing: ‘It’s a serious act’ | Tocantins

Video shows moment in which woman opens bottle during trial hearing

The judge of the 2nd Court of Augustinópolis, in Bico do Papagaio, decided to end a testimony after the defendant in a criminal case opened a bottle of beer during the hearing. The woman ended up being excluded from the virtual room and was ordered to pay ten minimum wages for disrespecting the judiciary.

The hearing took place on Monday afternoon (6), virtually. In the case in question, the defendant Rebeca Barbosa Oliveira was tried for crimes of insult and threat. She was convicted of the threat, but can still appeal.

The Public Defender’s Office, responsible for her defense, stated that it does not comment on judicial decisions. The Court of Justice stated that the Public Defender’s Office waived the interrogation of the defendant. (See notes below)

The process is public and the hearing was recorded. At the moment the defendant opened a bottle, a statement was being taken from one of the witnesses.

In the images it is possible to see that Rebeca was first inside a vehicle. She gets out of the car, walks for a few moments and enters a house. Then she takes a green bottle, opens it and starts drinking in front of the camera.

The attitude left judge Alan Ide Ribeiro da Silva indignant.

“Doctors, doctors. Here’s the thing, doctors. I see the defendant just opened a beer. It’s recorded here. Doctors, I will not interrogate a person who is drinking in an act, which is a serious act of judgment. So I will not interrogate her and I will order that Rebeca be excluded from the hearing room immediately”, she stated.

Soon after, the judge ends the testimony and dismisses the witness. “We are unable to do so. This act of her opening a bottle of beer in an audience. I think she already did. Madam [testemunha] What you gave us is already a good size. Thank you very much.”

After this situation, the judge also heard the other witnesses in the case, as well as the defense of the defendant and the accusation made by the prosecutor. The sentence came out on the same day. The defendant ended up being acquitted of the crime of insult because there was no overwhelming evidence, according to the decision.

She was sentenced to three months and two days in detention for the crime of threat. Furthermore, in another decision, Judge Alan Ide also decided to convict her of bad faith litigation – which means abusive, unfair or corrupt conduct by one of the parties to a process.

“In view of the behavior of the defendant during the instruction, who in turn opened a bottle of beer and started drinking its contents, I CONDEMN HER for litigation in bad faith […] given their risky (reckless) behavior in the procedural act. In compliance with the provisions of art. 81, §2º, of the Code of Civil Procedure, in view of such disrespectful behavior, I set the sentence at 10 minimum wages”, says the decision.

The Public Defender’s Office of the State of Tocantins (DPE-TO) informs that it does not comment on court decisions involving the trial of assisted people. In the case in question, it is important to inform that it is not up to the Institution to comment or give an opinion on the behavior of the person assisted during the virtual hearing.

Note from the Court of Justice

The criminal hearing involved the procedural investigation of an accusation made by the Public Prosecutor’s Office against the defendant for committing the crimes of threat and racial insult. During interviews with victims and witnesses, the defendant was caught opening an alcoholic drink and starting to drink it.

At this moment, the presiding magistrate of the act, given the situation caught, ordered the immediate exclusion of the defendant from the virtual room, as well as declaring the impossibility of carrying out her interrogation in that condition.

The Public Defender’s Office, at the opportune moment, decided to waive the interrogation of the defendant. Oral arguments were presented by the prosecution and defense, at which point the case was concluded for trial.

The sentence was handed down on the same day, with the requests being judged partially valid to only convict the defendant of the crime of threat. Subsequently, the defendant was convicted of bad faith litigation for having behaved in that way during the hearing, and had to pay a fine of 10 minimum wages.