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The
History
(
This was a letter sent on 17.04.2001 to the Attorney
General, with a copy to the President
of the Republic, the Prime Minister,
the Civil Governor of Porto and the Mayor of Gondomar.)
 In
1992, I, my wife and my first son Egídio Cesar, a beautiful child,
lively and intelligent lived happily.
On
the 15 of April 1992 around 12,00 midday I received a phone call at
my work place to come home urgently because my son had drunk
something and was seriously ill. I was apprehensive and doubtful
because any dangerous substances, including empty bottles of wine,
were all carefully kept away from our child. Half an hour later I
arrived home to find my son almost dead.
It
was clear that he was poisoned – he was pallid, his lips blue and
was foaming at the mouth.
He
was taken to the St. João Hospital by the Gondomar fire brigade,
where he arrived lifeless, and was resuscitated, according to the
medical report.
Later
when I got home to calm my wife and neighbours I found out what had
happened.
The
landlord’s san (an adult and in good mental health) had the
previous day washed his dog, that was infested with parasites, by
adding water to a highly toxic and concentrated product (“605
Forte”), leaving the bottle, still containing some of the toxic
substance, without a top and in a place accessible to children.
The
following day whilst playing my son found the bottle and, either,
drank or placed the bottle in is mouth.
Our
son was now completely paralysed and incapacitated
100%. On the 13 October 1992 we made a criminal complaint
against the landlord’s son.
At
the beginning of 1995 I had not had any news from my lawyer, or from
the courts regarding my complaint and decided to investigate.
After
following all the processes of the complaint, I came to the S. João
Novo’s Court, were all traces of it disappeared. The complaint
could not be found, so I left details of it with someone I knew at
the court. After 2 days I was informed the complaint
had been archived.
 On
the 31 March 1995 we started a civil action against the subject, and
in November 1997 a judgement was made, but without the presence of
my wife and son, they were not permitted entry into the courtroom.
Also the statement given by the suspect to
the police at the time of the incident (from the first
inquest) was rejected. This constituted one of the best forms of
proof, as the incident occurred in a secluded place, in the back
garden of a house surrounded by trees, and there were no witnesses
to the fact he used the product, then left it in an area of general
use.
He
confessed that he washed the dog in that area using a toxic product,
and even if nobody else entered the property, the fact that the dog
died a few days later and my son
was left completely incapacitated constitutes sufficient proof. However
the court left out all evidence and considered there was no proof.
Thus benefiting the accused, but penalising the victim and
victim’s family. Even though the life of an innocent child was at
stake, and the brutal and inhuman effect this has had on the lives
of the whole family nothing more worked. Not the recourses
to the appeals court, nor other
recourses that were refused in February 1999.
 I,
Egídio Neves Martins de Sá,
the father
aged 43 years, did
my military service and pay my taxes, even after all that happened.
At this moment I have been let down by those for whom I sacrificed
and to whom I contribute my taxes. I sometimes ask myself “who
protects us from this Justice?” I know of cases were an
animal was the victim and the SPCA dealt with the case with more
attention and strength than the courts of justice did with my son.
I
do not accept this!
I
was happy and my son was a healthy intelligent child. He is not in
this situation by a miracle or by an act of god, there must by a
culprit and somebody who will compensate us, to help us cope with
this situation. If the judicial authorities don’t want to make
anyone responsible or to be punished I don’t mind. They can even
give him a decoration! As long as they assume responsibility and
take his place, to indemnify us and compensate as a form of
minimising our suffering, to guarantee a better quality of life and
well-being for Egídio César. My son is a citizen and must have
rights, these were not guaranteed by the state or by justice.
In
the years that have followed these events the life of my family has
been one of torture. Few have been the rights well slept, my wife
cannot get a job as she has to take care of our son. Since then this
has been her life :
There
are the periodic doctors appointments.
The
frequent visits to the hospital emergencies.
Visits
to physiotherapist and the ongoing constant care.
Not
even I can have a useful professional life as I have to leave work
frequently for support in supplying transport to go to the hospital
when Egídio has to stay there, and this occurs frequently.
Since
1992 we have not had a holiday, we don’t go to the theatre or
cinema. His brother, who is now 7 years old, when starting school
had to have psychological support to integrate and socialise with
his colleagues.
 To
summarize all the family have been affected in such ways that I
sometimes say “all the family have become deficient”.
The expenses for medication, nappies, transport have became a brutal
burden to the whole family. Yet tax still being charged at the same
rate as any normal family.
At
this time Egídio César is 13 years old. We live on the 3rd
floor of on apartment block where Egídio has to be carried from
room to room as there are no conditions within the apartment to move
him in a wheel chair (if we had one, as for 2 years he was been
waiting for social services to give him one). As with the previous
chair, he waited so long, when it finally arrived it was getting too
small. He also does not have a chair for when he’s transported by
car.
From
the road to the entrance of the elevator, there are 2 flights of
steps and when there is no electricity or the elevator is not
working he has to be carried to the 3rd floor by someone.
Nor does he have a hospital bed or an individual room, his room is
shared by his brother.
Resume
All
and everybody knows who is responsible, only the court does not. The
court went along with the opinion of the neighbours, the
majority being family of the individual, who think he did not do it
on purpose. Not only did justice go along with this, every thing was
done to favours him. They archived the complaint but failed to
advise anyone of this action until the time he cold benefit from
amnesty. Had I not traced the process nobody wowed know, to this day,
what happened. This was not investigated no did they investigate the
dead or remains of dog.
They
did not investigate who else could have entered the property, other
than the suspect.
They
did not ask for the presence of the police agent on the court, who
interviewed the suspect at the time.
They
did not admit my son to the courtroom, no his mother, who is not
able to leave Egídio unattended.
Again
they acted as if the life of an innocent child was trivial and not
worthwhile.
 I
know that there is provision with the law for all these proceedings.
Or because they are in accordance with the law; or because the
lawyer did not act as he should; or the court didn’t have the
obligation for… I cannot understand.
There
are phases heard so many times along these past 11 years, but they
do not make sense to someone who in one moment had a perfectly
healthy son and the next moment receives him back totally and
completely incapable, so we must look after him without
assistance, before it was the contrary, this adds to anguish. On top
all this I have tried everything I can, but everything has been
ignored.
I
have complained to the right authorities. Paid all the expenses
and fees to an amount superior to 1 million escudos ( 5.000 € ).
Applied to the Victims Support Association, and they did not ever
replay.
Actually
now I do no longer have the possibility to carry on fighting for
justice, non do I feet it is worthwhile.
What
we would like?
Change
our apartment on the 3rd floor for a ground floor house.
Or land where we cold build a house adapted to our child’s and
family’s needs.
Financial
support for the enormous expenses which this situation brings
everyday and for the acquisition of technical aid, such as a chair
adapted for his age, a hospital bed etc.
Medical
support to try and improve our son’s health and lawyers support,
so we assume our child’s rights and ours.
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