Judge ends testimony after defendant opens beer in virtual hearing: ‘I’m not going to interrogate a person who is drinking’ | Tocantins

Video shows moment in which woman opens bottle during trial hearing

The judge of the 2nd Court of Augustinópolis (TO) decided to close a testimony after the defendant in a criminal case opened a bottle of beer during a virtual hearing, this Monday (6). The woman was excluded from the room and sentenced to pay ten minimum wages for disrespecting the judiciary. The process is public, and the hearing was recorded (watch the video above).

Rebeca Barbosa Oliveira was on trial for two crimes, insult and threat, and ended up being convicted of the second. She can appeal.

In the recording, it is possible to see that Rebeca was initially inside a vehicle. She then got out of the car and entered a house. Finally, she grabbed a green bottle, opened it and started drinking in front of the camera. This happened while a witness was giving evidence.

“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 trial”, said judge Alan Ide Ribeiro da Silva.

“So, I will not interrogate her and I will order that Rebeca be excluded from the hearing room immediately.”

Soon after, the magistrate closed the testimony and dismissed the witness. “We can’t afford it. This act of her opening a bottle of beer in a hearing… I think it’s done. Ma’am [testemunha], what you gave us is already a good size. Thank you very much,” he said.

Then, the judge heard the other witnesses in the case, Rebeca’s defense and the accusation made by the prosecutor.

The sentence came out on the same day. The defendant was acquitted of the crime of insult because, according to the decision, there was no overwhelming evidence. However, she was sentenced to three months and two days in detention for the crime of threat.

Furthermore, in another decision, judge Alan Ide Ribeiro da Silva 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”, describes the decision.

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

Read the Defender’s note below:

“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 assisted person during the hearing virtual”.

Read the note from the Court of Justice below:

“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 the hearings of 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.”