A 74-year-old retired musician, originally from the Netherlands but residing in Madeira for several years, was sentenced this afternoon in the Funchal court (Edifício 2000) to 4 years in prison for the crime of child pornography. However, the panel decided to suspend the sentence due to the defendant’s age and the fact that he suffers from cancer and is hospitalized in his country of origin.
In reading the decision, Judge Teresa de Sousa explained that it is very uncommon for the court to suspend prison sentences for this type of crime and that only the defendant’s age and illness led to considering this alternative. Despite this exceptional measure, the Funchal court promises to remain vigilant and, should the defendant reoffend in accessing and sharing child pornography files, he will go to prison. “We will remain vigilant. Even a sick person can have access to a computer. Make no mistake, if he commits a similar crime, he will serve time. The propensity for pedophilia is there, regardless of age. [The suspended prison sentence] will be revoked without much mercy,” warned the judge.
The panel accepted as proven all the facts contained in the Public Prosecutor’s accusation. In August 2020, the defendant allegedly shared photos and videos of minors engaged in sexually suggestive activities. During searches carried out by the Judicial Police in December 2021 at this man’s home in Ponta do Sol, the PJ found 140 files with pedophilic content, in addition to a video of a teenage girl in a bikini, who lives in the neighborhood of his residence.
Due to his delicate health condition, the defendant did not attend any trial hearings. His lawyer, Alejandro Mena, explained that his client admitted during his initial judicial interrogation to having a tendency to ‘consume’ photos and videos of minors engaged in sexual activities, but “did not participate in any gang” for the distribution of this type of content. He further stated that only after reading the judgment will he assess whether it is worthwhile to appeal the decision. “I only hope that the years he has left will be peaceful,” the lawyer concluded.