«Because he is a vulture and he did this. And he pushed me and shook me. He pushed me back and forth and made a big scene. And he pushed me. He was the one who did this.” The words are from Betty Grafstein, quoted from a statement where she claims to have been a victim of domestic violence by José Castelo Branco. A complaint she also made at the hospital to health professionals. The so-called art dealer, who has already been detained to make statements, refuses all these insinuations and speaks of a “cabal”.
But, faced with these statements, he assured: «It’s Betty’s voice. But not like that, there is manipulation». And already before, shortly after being released, he said: «How could [a mulher] She was 95 years old and only now is she feeling really bad because she’s been deprived of me? Today I was in court, I looked and felt how could I be listening to all this? A true cabal and very well armed».
It all started about two weeks ago when the American jeweler was hospitalized in Cascais, with multiple fibula fractures and pneumonia. She was however transferred due to her worsening health condition. José Castelo Branco spent his days by her side with several posts on social media where he asked people to pray for his Betty.
But shortly afterwards everything changed. Health professionals assured that the jeweler had made complaints of domestic violence and the case reached the Public Ministry. After that, Betty’s friends confirmed the same violence, saying it had been going on for years. But the case has only now come to light.
Last Tuesday, when he was heading to the TVI studios to give his version of the facts, José Castelo Branco was arrested by the GNR, with a warrant issued by the DIAP of Sintra, to be present for the first judicial interrogation to apply security measures. coercion. He spent around 24 hours in detention and received coercive measures.
The criminal investigation judge decided that José Castelo Branco goes free but stays away from Betty Grafstein, having been prevented from visiting, contacting or living with the woman he has been married to for around 30 years. The judge also imposed on the socialite as coercive measures the prohibition of contact by any means with the victim and the prohibition of staying in the hospital where the victim was; and the prohibition of staying in the residence that the victim will occupy when discharged from hospital or of approaching it, within 1 km, using technical means of remote control.
The court also adds that there is no measure prohibiting Castelo Branco from leaving the country.
Nascer do SOL tried to understand with Raquel Caniço, a lawyer at Caniço Advogados, whether the speed with which this case is being handled is normal. «Domestic violence cases have an urgent procedural nature, regardless of whether there are defendants in prison, therefore, their deadlines run during judicial holidays», the lawyer begins by explaining, saying that she adds that, «the crime of domestic violence falls within in the list of crimes legally designated as ‘violent crime’, therefore, a period of 72 hours must be met following the presentation of the complaint, to apply a set of procedures that aim to protect the victim and safeguard the means of evidence. To this end, a risk assessment to the victim must also be carried out».
The risk assessment, he continues, “determines the greater or lesser speed of the procedures and the precautionary measures applicable to the victim and the accused”. Thus, «after a domestic violence complaint is filed, it is necessary to assess the degree of danger of the aggressor, the victim’s conditions, namely their health, their economic condition, their age and other circumstances, which will determine the greater or less vulnerability of the victim and consequently, the greater or lesser speed of the procedures as well». Responding to the question asked by Nascer do SOL, Raquel Caniço says: «It is normal, yes, to have this speed, in cases of domestic violence, based on the result of the risk assessment and its specific circumstances».
But isn’t the fact that José Castelo Branco is a public figure accelerating the process? «I do not believe that the fact of being a public figure will ‘speed up’ the procedure, I admit as more likely, the fact that it was the health professionals who, with their complaints and opinions on the injuries presented by the victim, his advanced age , their weakened physical and mental health condition and a high risk assessment, which together have contributed to each other and determined the application of precautionary (protective) measures which, given the fact that they are public figures, have received media attention different to the case», argues the lawyer.
Raquel Caniço also states, when asked whether this case could serve as an example for others, that she is not “particularly a fan of cases that are an “example” for others, since the application of the law and the realization of justice must be done to measure of the circumstances of each case, given its specificities”.
And he also adds that «this and many other cases can and should serve as a reflection on the fact that domestic violence is transversal to all social strata, regardless of the economic conditions and level of culture of the victim and the aggressor, so no one is immune to this reality, regardless of the profession they have».
As it is a crime that can be committed in many ways and involves an emotional part of the victim, «it does not have the characteristics of other crimes in which it is much easier to detect its commission and its extent», says the lawyer. , adding that, in these cases, «often the victim only becomes aware that they are a victim of this crime, years later, as they always apologize, other times because they understand that there are other priority values to protect, to the detriment of themselves».
Raquel Caniço is also of the opinion that «each person’s beliefs, the family values that were transmitted to them and the way they see themselves have a great influence on the more or less late form of the complaint», adding that there is «difficulty in obtaining proof , in psychological violence, which often has much more serious consequences and lasts for many years than physical violence, which means that the crime is perpetuated and the victim often does not proceed with filing a complaint» .
