Lisbon Court Orders Retrial in Nightclub Assault Case Over Missing Evidence

The Portugal Court of Appeal has overturned the acquittal of ex-marine Cláudio Coimbra and his brother, Artur Coimbra, ordering a retrial on charges of aggravated assault against an off-duty GNR military police officer inside a Cais do Sodré nightclub. The decision, issued on April 15, 2026, concludes that the lower court failed to exhaust available investigative methods—specifically, obtaining nightclub surveillance footage and summoning key witnesses—leaving critical evidence unexamined.

The Specific Procedural Failure

The original trial, concluded in 2025, ended in acquittal when the presiding judge declared "many doubts" remained about whether Cláudio or Artur Coimbra was responsible for punching and kicking the GNR officer in the head during the early hours of November 12, 2021. The judge cited the absence of CCTV evidence and insufficient proof from the prosecution.

However, the Lisbon Court of Appeal panel found this explanation inadequate. According to the appellate court's decision, the trial court acknowledged the critical importance of surveillance footage but "ordered nothing in that direction." The judges did not compel the nightclub management to deliver recordings, nor did they summon the venue manager or the PSP officer dispatched to the scene to testify.

"However, it did not proceed with that, only to later affirm doubt at the sentencing stage," the Relação ruling states, emphasizing that diligent investigation was abandoned rather than exhausted.

What This Means: A Reinforcement, Not a New Rule

This ruling reinforces existing investigation standards rather than creating new legal obligations for nightclubs. Under Decree-Law 135/2014, nightclubs are already legally required to install and maintain video surveillance at entrances, exits, and customer areas for venues with 200 or more seats, with footage retained for up to 30 days.

The appellate decision emphasizes that trial judges must actively pursue such evidence when it exists and is relevant to criminal proceedings. In this case, the critical failure was judicial—the trial judge did not compel the nightclub or witnesses to cooperate with the investigation.

The ruling signals that appellate courts may scrutinize cases where trial judges passively accept the absence of available evidence, particularly video footage from nightlife venues. However, this reflects procedural standards already embedded in Portuguese criminal procedure; it does not establish new obligations for venue operators or create a sweeping legal precedent nationwide.

The Evidence Gap and Prosecution Strategy

According to the Public Prosecutor's indictment, Cláudio and Artur Coimbra allegedly struck the off-duty GNR officer with a punch, then delivered kicks to his head after he fell to the ground. The assault occurred around 4:00 AM.

Both the Ministério Público and the victim, acting as a legal assistant in the proceedings, appealed the 2025 acquittal. In their appeal, prosecutors argued the trial court committed "error in the assessment of evidence" and maintained that the injuries suffered by the GNR officer were a "direct and necessary consequence" of the defendants' actions.

The Relação panel agreed that the evidentiary record was incomplete. Witness testimony from the nightclub manager and the responding PSP patrol officer could have clarified who initiated the altercation, corroborated timelines, and authenticated the circumstances under which footage was—or was not—preserved. The failure to call these individuals constitutes procedural negligence, the appellate judges concluded.

Cláudio Coimbra's Criminal Timeline

To understand the gravity of this retrial order, context is essential. Cláudio Coimbra was already a known figure in Portugal's judicial system well before the GNR assault trial concluded.

In June 2023, Coimbra was sentenced to 20 years in prison for the qualified homicide of PSP agent Fábio Guerra, who died after being violently attacked outside a Lisbon nightclub in March 2022. A second ex-marine, Vadym Hrynko, received 17 years for the same killing. Both appealed, but the Constitutional Court upheld the sentences in May 2024.

The November 2021 assault on the GNR officer predates the Fábio Guerra killing by four months, suggesting Coimbra allegedly engaged in a pattern of nightclub violence over an extended period. This chronological detail is central to the prosecution's argument that the GNR case merits effective prison time, not acquittal.

What Happens Next

The case now returns to a first-instance court for a full retrial. The Ministério Público is seeking an effective prison sentence for Cláudio Coimbra on aggravated assault charges. Given his current incarceration for the Fábio Guerra homicide, any additional sentence would likely be served consecutively or factored into parole eligibility calculations.

The outcome will hinge on whether prosecutors can finally secure the nightclub surveillance footage and whether the new trial judge issues enforceable summons to compel testimony from the venue manager and responding PSP officer. If those steps succeed, the evidentiary gaps that sank the first trial may finally close.

For the GNR officer who was assaulted, the retrial offers a second opportunity for judicial recognition and potential compensation. Under Portuguese law, victims of violent crimes resulting in temporary incapacity exceeding 30 days can claim state compensation, provided they establish causality and severity.