Prosecution Filomena Teixeira said that police did not investigate members of the family, neighbors and Dias' car, in which witnesses said they saw Mendonça go into. She also said she was
sexually harassed by one of the investigators."In the Judiciary Police they were incompetent at first, the case was very badly treated. It was the worst nightmare I could have. I was alone fighting against incompetent people. They even told me that they weren't ready for these kind of things. How is that possible? (...) At the time they didn't do anything. They said [that I couldn't] go to the hills [to look for my son]. They said that they didn't like me." "[I] went everyday to the police to know if they had done something. I look in their files, everything was on paper and then there were tapes. In the beginning they had computers and they didn't know how to work with computers, because the officers there were old and didn't know how to work with computers." When failures in the investigation were highlighted in court, Teixeira said "''it served to prove that I was saying the truth. For 13 years, I got called crazy, and now, after all this time, the come to tell me I was right: after all, I wasn't crazy, I was right. (...) I was said that they were going the wrong way, that they weren't looking, that they weren't doing anything...
" Ricardo Sá Fernandes said that "we were shocked with what was said in court today, we were aware since the first moment that the inspectors knew about the prostitute Alcina Dias. They never heard her formally and justified it as forgetfulness." Manuel Mendonça believed that Dias could say something about Mendonça when in jail, since he got to choose and be put in a jail that looked like an "hotel" (when compared to the others). investigative journalism in TVI'' brought new leads to Mendonça's case, always before the police. She followed leads from the
Benidorm video, information from various pedophile photos from Holland and Switzerland. According to the journalist "it only has one explanation: negligence from the many teams of the Judiciary Police (...) There wasn't a political desire (..) They got followed
TVI's investigations (...) it was annoying for
TVI to be ahead (...) shame to a PJ team." In two photos presented in the PJ (Judiciary Police) process for a
SIC report, the inspector Luís Bordadágua said that it was possible to see resemblances with Mendonça in the archives found with pedophiles. The reconnaissance was hindered due to the boy having his eyes shut in one of the photos. A Public Ministry agent alleged that the leads were fake and the PJ said later that they did not have leads to follow such a line of investigation. In another photo that Ana Leal had access to in 2002 and gave to the judiciary power, it's possible to see a gagged boy with signs of torture that the family recognized as Mendonça. With the appearance of these leads, Ricardo Sá Fernandes questioned the "worrying social passivity of the authorities of the
European Union to destroy the international pedophile ring" and the "lack of capacity for investigation, mainly at a European level". Ana Leal got a hold of the photo from a computer of a pedophile that was killed and questioned the fact that fourteen pedophiles were identified in the series of 60 thousand photos, however the investigations did not move forward. At the time, the suspect was arrested temporarily. When the photo of the supposed Mendonça was presented to the media in October 2002, Sá Fernandes had not been able to access the PJ process for a month. That PJ attitude made the Mendonça family question what was actually happening. According to an investigation published by the
Correio da Manhã in May 2019, the Judiciary Police "uses photos and secrets to deflect false information and photos of Rui Pedro". According to the Portuguese police, forensics proved that it was not Mendonça in the photos. The Benidorm video was not referenced. When Dias was accused for the first time and much time after the beginning of the process, the journalist
Hernâni Carvalho critiqued in many points the State's and police work:This only has the bad side of justice. It has the bad side of justice that didn't care about this for anything and it has the shameful side of justice that thirteen years later tries to fix it by hand (...) The Maddie [Madeleine McCann] case had governments, armies, firefighters, everyone looking for the [foreign] kid. This one was Portuguese and no one cared about him (...) We should be ashamed of what is happening. (...) When Rui Pedro went missing no one cared about anything and Afonso Dias, when the kid went missing said in front of many people (...) 'if you want to get the kid back close the borders'. They didn't do anything. And everything they did, was done poorly. (...) If today you know a lot, or a part of what happened it is because (...) the [journalist] Ana Leal did more for this that a lot of police officers that had that obligation. This is a shame. (...) The Portuguese State should already have taken care of this lady [Filomena Teixeira] that's suffering (...) just because they can't give her an answer, they didn't want to give her an answer. (...) There was a prosecutor that asked for an authorization for a prisoner to be freed that guaranteed that he knew where Rui Pedro was. The result: the prisoner went missing. Was not it. It's clear isn't it? They gave the prisoner credit cards. They gave the prisoner a car, gave money and (...) [everything went missing] If that was a lie I would be arrested, because it's easy to arrest journalists, working is hard.The journalist also critiqued the law for having allowed for Mendonça's grandfather to have the role that the Portuguese State had spending money on the Madeleine McCann case. However, Mendonça's grandfather spent his fortune falling for all kinds of scams while searching for the boy. He also questioned the PJ's high rate of success in solving missing children cases, but this one went through three teams of investigation without success.
Afonso Dias In one of the Dias' hearings, it was brought up that the defendant came from a poor family, was 22 and played with an 11 year old child at the time of the disappearance. It was also brought up that the defendant was meeting up with Mendonça in private as Mendonça's parents had forbidden it, after Dias came back changed from the army and as a
deserter. Dias was an unhygienic person, however in the day of the disappearance he took two baths. When Manuel Mendonça got to the PJ they said it was not possible to extract anything from the suspect's clothes. Manuel Mendonça also said that Dias laughed while talking to Filomena Teixeira. He also said that the defendant's lawyer and family did not want to help to find Mendonça. Hélder Silva, that was one of the five children that saw Mendonça for the last time, told the
Correio da Manhã that Dias "Was very weird. Afonso knew Rui Pedro's whole life, where he was, who he was with, what he would do the next day. In the two weeks prior to the disappearance he created a total obsession with him, he didn't leave him alone". After speaking against Dias, Silva said that he and the other witnesses were scared and did not receive police protection. In 2011, João André Mendonça that when he was giving his testimony in GNR (Republican National Guard) in 1998, Dias asked him to "not open his mouth" and that "the authorities should close the borders (...) Maybe they still have time". In the same year Dias said that he was going to talk about what happened with Rui Pedro, but he would do it outside of the courtroom. Later (in 2018), he said he did not have a theory on what happened with the boy. Ricardo Sá Fernandes, Mendonça family's lawyer, stated in 2017: "I keep saying that what I would really like is for Afonso Dias to tell us what happened with Rui Pedro after they left the prostitute. But he didn't say anything in court, and continues to not reveal what I would like for him to reveal. And, I repeat, what I would really like would be for him to say what he knows." In 2011, Sá Fernandes said that he had a solid accusation, but did not want to turn Dias into a "scapegoat," and in case there was any doubt, he would not ask for his conviction. - Public Prosecution, 2012When Dias' arrest was definitely announced, Manuel Mendonça said that the now convicted had multiple opportunities to tell what he did to Mendonça, even by anonymous letter and highlighted that he did not want his conviction. After being freed, Dias said in 2018 that he was a victim of "a great injustice" and blamed Mendonça's family for his jail time. In the crime's reconstitution, Dias could not explain what he did between 14 (2 P.M) and 18 (6 P.M) hours on the day Mendonça disappeared. With the reconstitution it was proven that the investigation let leads and important witnesses slip by. The inspectors did not want to explain to the press the reason why they devalued Alcina Dias' testimony. A man that worked in a gas station guaranteed that at the time of the disappearance he saw Mendonça, in the centre of the village of Lousada, walking next to two other boys. The court questioned the witness about his statements to the GNR the day following the disappearance, where he said he saw two children passed by on bikes, but that neither was Mendonça. The witness insisted that he could not remember giving the testimony to GNR, even thought his signature was in the records. They also heard a witness that said they saw Mendonça's bicycle at 16 (4 P.M) hours. Without being identified, a boy that was 14 at the time of the disappearance, told
RTP that PJ did not value the different testimonies given to the police. The witness, along with four other young people, was waiting for Mendonça to arrive to play football. When Mendonça got there he said he was not going to play anymore, hid his bike and got in the car. In 2003, in the
Casa Pia Process, a man said that he was with Mendonça in a
pension for sexual meetings, in the end of January 2001. He added that the same child appeared in a pornographic movie. It was said the lead is unconsidered for not sustaining itself. - Ricardo Sá Fernandes, 2012In Dias' trial, the following facts were given as proven by the judge Carla Fraga: • In the day of Mendonça's disappearance, a man introduced an 11-year-old boy to the prostitute, Alcina Dias. According to the court's hypothesis, it could have been another man and another boy. • Mendonça got in Dias' car and left his bike next to the meeting place. • Seven witnesses confirmed that Mendonça had two meetings with Dias. • Dias was going to introduce Mendonça and João André Mendonça to the prostitutes. However, the court said it was not proven that Dias had formulated a plan for Mendonça to have sexual relations with the prostitutes. • Dias ordered that João André Mendonça did not tell anyone about the invitation that he made to meet with the prostitutes, as he was afraid of "becoming a suspect." Such proven facts did not avoid the defendant's acquittal in March 2012. Ricardo Sá Fernandes said that the use of testimonies of the inspectors to discredit Alcina Dias in court, was illegal. João Rouxinhol also said that because of "forgetfulness" he did not listen to the witness Alcina Dias. Other crucial witnesses were heard years after the disappearance and by another investigation team.
Answers to the investigation's problems In the show
Praça da Alegria, of
RTP, the judge Rui Rangel was questioned about the thirteen years of investigation for a kidnapping accusation and the lack of its efficiency. The judge answered that the police is efficient, but that it "was needed that the Public Prosecution explains with clarity why it took thirteen years". When questioned by the press, the answer of the Attorney General of the Republic, Pinto Monteiro, was the following: "It probably couldn't take less time (...) I can't follow 550 thousand proceedings, especially one that started nine years before I became Attorney General (...) the investigators, better than anyone, will be able to say (...) the Prosecution doesn't have any comment to make".
In camera In 2007, the case was put
in camera for a few months.
Police investigation After the high-profile case of Madeleine McCann, that garnered attention to the kidnappings of children in Portugal, the Mendonça case received another investigation team. That team had a terrible performance, with Mendonça's family asking for the team's replacement. That new team moves forward, with one of the working theories being that Mendonça accidentally had an epileptic attack while he was with Dias.
Institutions According to an evaluation by Helena Machado, investigator at the
University of Minho, that has investigated this field, "The Rui Pedro case didn't mobilize the investigative police's resources that were used in the
Madeleine McCann case. And much less captured the attention or involvement of Government members, as in the case of the British girl (...) [Adding the lack of contacts with power ties] all the necessary ingredients to captivate the media and audience weren't met, it contained all the ingredients to be an exceptionally noticeable criminal narrative". According to Dulce Rocha, president of the Child Support Institute, "The Rui Pedro case was a landmark, it sparked a bigger sensitivity to cases like this one". For Patrícia Cipriano, president of the Portuguese Association of Missing Children, "The police had the humility of owning that there flaws in the past, which is of great importance to change mentalities of those who investigate and the procedures used (...) There is a more sensitized, committed and careful attitude from the authorities (...) there are still cops that persist in the error of informing the missing child's parents that they can only accept the report 48 hours after the disappearance (...) [An attitude that is] inadmissible, wrong and irresponsible". == Repercussion ==