Brazilian land reform movement leader acquitted on murder charges
VITORIA, Brazil -- A leader of Brazil's land reform movement was acquitted
Wednesday in a retrial on murder charges stemming from a failed attempt
to
occupy a farm in 1989.
The trial had focused attention on the plight of the country's poor farm
workers
and the verdict was greeted with relief by the Brazilian government after
the first
trial had drawn international criticism of the country's legal system.
Jose Rainha Jr., the leader of the Landless Rural Workers Movement (MST),
was charged with being the mastermind behind the killing of a landowner
and a
police officer during a botched attempt to take over a farm in 1989.
Some 5,000 MST supporters celebrated the verdict and waved the movement's
trademark red flags outside the courthouse in Vitoria, the capital of the
coastal
state of Espirito Santo. Rainha urged them to continue the fight for land
reform.
"This shows that Brazil is increasingly less in the hands of the big landowners
and that more and more justice is being made," Land Reform Minister Raul
Jungmann told CBN Radio.
Claims the conviction was politically motivated
The 1997 conviction sparked criticism that the case was a politically motivated
attack on the 15-year-old MST, a group with Marxist fundamentals that
organizes poor families to squat on unused land and fight for titles in
court.
Between the two trials, the MST rallied support from grass-roots groups
and
international organizations and beefed up the defense team -- a combined
effort
which observers said was crucial to overturn the conviction.
"They had thousands of people there for three days, people from abroad,
the
international press, embassies," said Maria Luisa Mendonca, director of
Global
Justice Center in Rio de Janeiro. "There was also much organizing on the
Internet."
Another pivotal point of the trial was the transfer of the case to the
state capital
from the town where the murders and the first trial occurred.
Rights groups say previous trial riddled with errors
Human rights groups say Rainha's previous trial was riddled with procedural
errors. At least four members of the seven-man jury were thought to be
friends
of the dead landowner.
At his first trial, Rainha was convicted and sentenced to 26 years in prison.
All
sentences of more than 20 years in Brazil are subject to an automatic retrial,
which Rainha awaited in liberty.
But for the retrial, the jury of six men
and one woman took only 40 minutes to
acquit Rainha by a vote of 4-3 in the
killing of farm owner Jose Machado
Neto and an off-duty policeman. In
Brazil, a majority of the jury is all that is
needed to acquit or convict.
"The truth is like divine justice," Rainha
said after the verdict was handed down.
"It may take a while to arrive but it
always emerges."
Prosecutors said they would file an
appeal on the grounds that defense witnesses had communicated with each
other
during the trial.
During the attempted takeover of the farm in 1989, Machado and several
hired
gunmen opened fire on the invaders, according to movement members. Machado
and one of the gunmen, an off-duty policeman, were killed and four squatters
were wounded.
Rainha accused of being 'intellectual author' of murders
Rainha was not accused of pulling the trigger, but of being the "intellectual
author" of the twin murders. The nine men accused of firing on the victims
remain at large.
At the first trial, Rainha was convicted even though prosecutors produced
no
witnesses and the sworn depositions contained just vague descriptions of
the
defendant.
Prosecutors, who described Rainha as a rabble-rouser who incited the rural
workers to violence, relied mainly on sworn statements from neighbors and
testimony from people who claimed they had "heard" Rainha was involved.
"Hitler never actually killed anyone, but he was responsible for the deaths
of
millions of people. Jose Rainha is the Brazilian Hitler," assistant prosecutor
Jucilande Borges said in his closing statement to the jury.
The case against Rainha hinged on the testimony of Jose Guimaraes, the
prosecution's star witness, who said he drove Rainha and some armed men
to
the farm.
The defense, headed by former Supreme Court judge Evandro Lins e Silva,
presented witnesses who corroborated Rainha's testimony that he was away
in
the northeastern state of Ceara on the day of the shootings.
The retrial, which began Monday, refocused attention on the often bloody
disputes over land which have cost more than 1,000 lives in Brazil during
the
past decade.
Brazil has one of the worst land distribution ratios in the world, with
about half
of all arable land in the hands of about 2 percent of the population.
Brazil's justice system was also the target of criticism when police were
acquitted last year of massacring 19 peasants in the Amazon state of Para
in
1996.