Defence of Bruno Pinto appeals for acquittal in death of Odair Moniz
The defence of police officer Bruno Pinto is seeking acquittal on both criminal and civil charges at the Lisbon Court of Appeal, citing self-defence. The family of Odair Moniz is demanding a custodial sentence.
Appeal seeks full acquittal of officer convicted over Zambujal shooting
The defence of PSP agent Bruno Pinto, convicted of the death of Odair Moniz in October 2024, has filed an appeal to the Lisbon Court of Appeal seeking acquittal on both criminal and civil charges, including exemption from paying compensation to the victim's family. The appeal argument, to which Lusa had access and reported today by Expresso, was disclosed by RTP.
According to the defence, "no penalty can be applied to the defendant, as the result cannot be imputed to the defendant's action, as he acted within the exercise of a right and in legitimate self-defence". The Sintra court had sentenced Bruno Pinto to three and a half years' suspended sentence.
Sentence deemed excessive and direct intent ruled out
The defence further argues that, even if "academically some responsibility could be conceived, the sentence could never be what was imposed". The appeal contends that any sentence should be "lower", taking into account circumstances "that would reveal an almost complete absence of guilt and very low, practically non-existent, needs for general or specific prevention".
Regarding the officer's intent, the defence argues that eventual intent cannot be imputed to Bruno Pinto's action, "since nothing was proved that the defendant wished to kill the victim, nor did he even envisage that possibility whilst accepting that outcome". Ultimately, it is admitted that he could only be held responsible for negligence.
Compensation should fall to the State, defence argues
As for civil compensation, the defence maintains that "with no criminal responsibility, there is no basis for any compensation whatsoever". Should the court decide otherwise, the appeal argues that compensation should be attributed to the State, "since the defendant acted in the fulfilment of a duty, as a State servant", and that the amount should be lower than that set in Sintra, "given that the victim had a significant and decisive role in creating the risk and the outcome".
The Sintra court sentenced Bruno Pinto to pay €90,000 in compensation: €30,000 to the three heirs of Odair Moniz for the loss of the right to life, €20,000 to the widow and €40,000 to the two children for non-patrimonial damages.
Lawyer Ricardo Serrano Vieira told Lusa he believes the Lisbon Court of Appeal will "overturn the Sintra decision and uphold legitimate self-defence on the grounds and bases set out in the appeal".
Family demands custodial sentence and penalty exceeding five years
Last week, the defence team for Odair Moniz's family also appealed against the sentence, demanding a custodial sentence, suspension from PSP duties for a period of no less than five years, and higher compensation. The family's appeal argues that the ruling "contains an irresolvable contradiction", because "it establishes as proven facts that rule out the necessity, adequacy and proportionality of resorting to a firearm against a person and, nevertheless, concludes that legitimate self-defence exists with excess".
For the family, "the three year and six month custodial sentence applied to the defendant is manifestly insufficient, as it does not reflect the objective seriousness of the homicide, the degree of culpability, the use of an on-duty firearm, the functional status of the defendant and the high demands for general prevention". The appeal requests a custodial sentence of no less than five years.
The Public Prosecution Service also announced it would appeal against the suspended sentence ruling, days after the judicial decision.
The facts of the case
Odair Moniz, 43 years old and resident of Bairro do Zambujal, in Amadora, was shot dead by agent Bruno Pinto on 21 October 2024, near Bairro da Cova da Moura, also in Amadora. The situation originated from a traffic violation, after which Moniz attempted to flee and resisted arrest.
According to the Public Prosecution Service indictment, dated 29 January 2025, the Cape Verdean man was struck by two bullets: the first in the chest area, fired from between 20 and 50 centimetres away, and the second in the groin area, fired from between 75 centimetres and one metre away.
In the ruling, the judicial panel led by judge Ana Sequeira concluded that Bruno Pinto did not act out of prejudice, ruling out the possibility of a hate crime, and that the officer only wished to "carry out a lawful arrest". The court also found it was not established that the victim was wielding a knife against the officer at the moment of arrest.
The trial began on 22 October 2025. In the first session, Bruno Pinto apologised to relatives and friends of Odair Moniz, stating, however, that he disagreed with the facts contained in the Public Prosecution Service indictment.
Source: RTP