Jury trial begins in Évora for qualified homicide over sabre death at eco-retreat
The first session of a jury trial concluded yesterday at the Judicial Court of Évora, where a 51-year-old man stands accused of qualified homicide for the death of a 41-year-old guest at an eco-retreat near Montemor-o-Novo. The defendant's testimony filled the entire opening session, which was held behind closed doors, according to judicial sources speaking to news agency Lusa.
The trial resumes today at 09:30, when the defendant will continue his statements. The court will then reproduce what he said during the inquiry and instruction phases, allowing the jury to compare his account across different stages of the proceedings.
What happened at the eco-retreat
The case dates back to 30 August 2023, when a man arrived at a rural property near Cortiçadas de Lavre, in the Alentejo region, seeking accommodation. The property functioned as an ecological retreat managed by the defendant. The guest had not made a reservation.
According to the instruction decision, the defendant was lying in his bedroom when the visitor opened the door. After an exchange of words, the guest walked toward him holding a knife. A struggle ensued, with the defendant dodging several knife strikes before arming himself with a sabre.
The defendant struck the guest multiple times — on the body, head, and arms. The man fell "unconscious and without apparent signs of life." Traumatic meningo-encephalic injuries were later determined to be the direct and necessary cause of death.
A diagnosis of psychosis and a debate over self-defence
Court documents reveal that the victim had been diagnosed with psychosis at Hospital Garcia de Orta in Almada, in the Setúbal district, and was not taking his prescribed medication at the time of the incident. Psychosis is a mental health condition characterised by a disconnection from reality, which can affect a person's ability to interpret their surroundings and actions.
On 13 June 2024, instruction judge Pedro Barrambana Santos ruled that the defendant had acted in legitimate self-defence. He declined to indict the man for qualified homicide and ordered his release from preventive detention.
That decision was overturned on 11 March 2025 by the Évora Court of Appeal, which accepted an appeal from the Public Ministry and, in part, from an assistant to the proceedings. Three appellate judges — Fernando Pina, Beatriz Marques Borges, and Maria José Cortes — found that the instruction judge had made a subjective reading of the evidence that did not align with the case files, which they said objectively pointed in the opposite direction.
The appellate court ordered the defendant to be indicted for the facts and crimes in the Public Ministry's accusation and to remain in preventive detention pending trial.
A jury trial chosen by the defendant
The defendant requested a jury trial, a right under Portuguese law for certain serious crimes. The tribunal comprises three judges, four sitting jurors, and four substitute jurors, who will decide on guilt and sentencing.
The trial is scheduled to continue throughout October, with sessions on the 13th, 14th, 27th, and 28th. The case raises questions about how far self-defence extends when confronting an individual in mental health crisis, and whether the force used was proportionate to the threat faced.
Portuguese law requires that any act of defence benecessary, proportionate, and directed against an unlawful aggression. The jury must now weigh whether those conditions were met in a confrontation with an unmedicated man diagnosed with a serious mental illness, in a remote property with no witnesses present.
