23 scene of the crime with the military police.” On that occasion, none of the witnesses mentioned a revolver or that Morival Favoreto and Ailton Lobato had taken part in the operation; they merely indicated that the group had used a white Volkswagen truck; (ii) then, the said police agents continued on to Hacienda Monday and located Ailton Lobato, who was found with a revolver; (iii) Mr. Lobato did not offer any resistence or obstruction to the police procedures and “showed them the hacienda and the house, which [the police] searched,” without finding any other weapon; (iv) according to Ailton Lobato, the abovementioned truck had been taken to Sertanópolis; (v) he fired a shot from the seized weapon, because he considered it necessary “when [he was] leading the convoy with the military police who were giving orders to the tractor drivers to remove the tractors from Hacienda [Monday] to avoid any type of reprisal from MST, because a vehicle was stationed in front of them, and fearful that it was some kind of blockade set up by that movement, it was agreed that [he] should go on ahead with Ailton Lobato’s family and [if] nothing happened, he would fire a shot […] to let the convoy know that it should follow,” and (vi) there were discrepancies between the testimony given by the witnesses at the Police Headquarters on November 27, 1998, and their informal statements in the morning at the scene of the crime.71 81. On January 20, 1999, owing to the expiry of the legal time limit for concluding the Investigation, Police Chief Almeida asked the Loanda Court to grant an extension so that the procedure could be finalized. On February 17, 1999, Prosecutor Garcia issued a favorable opinion on the requested extension and reiterated her request for the pre-trial detention of Morival Favoreto.72 82. On March 9, 1999, Morival Favoreto testified for the first time, denying the charges against him and stating that: (i) he was one of the owners of the Hacienda; (ii) on November 25, 1998, he had gone to São Bernardo do Campo, São Paulo, to accompany his brother, Darci Favoreto, to an appointment with Dr. Flair Carrilho, and had stayed at the home of his cousin “Eduardo”; (iii) he had owned a black F1000 pick-up truck, but had sold it before the facts; (iv) the company, Favoretto Colheitas, possessed a 1994 Volkswagen 7100 truck, but “the said vehicle was not in [the] region”; (v) “he did not carry a weapon, even though he had been threatened”, and (vi) he did not know who fired the shot that killed Mr. Garibaldi. The deponent presented a receipt in his name dated November 25, 1998, signed by Dr. Flair Carrilho, for a doctor’s visit by Darci Favoreto.73 83. On March 15, 1999, Judge Khater sent the case file to be examined by the Public Prosecutor’s Office. On August 4, 1999, Prosecutor Garcia: (i) reiterated that the measures ordered should be taken (supra paras. 76, 77 and 79); (ii) ordered that the testimony of the “individuals who confirm the alibi presented by the accused Morival Favoreto [on] the day of the facts,” should be received, and (iii) issued her opinion contrary to the pre-trial detention of the said accused.74 71 Cf. Testimony of police clerk Ribeiro of December 17, 1998 (file of attachments to the answer to the application, sole tome, attachment 4, folios 1987 and 1988). In addition, according to the witness Fábio Guaragni, the information provided by police clerk Ribeiro differed from the information provided by the two military police officers, who also testified in the context of the Investigation, prior to the facts of the instant case. Cf. Testimony given by Fábio Guaragni during the public hearing, supra note 63. 72 Cf. Request of Police Chief Almeida of January 20, 1999, and opinion of the Public Prosecutor’s Office of February 17, 1999 (file of attachments to the answer to the application, sole tome, attachment 4, folios 1989 and 1992). 73 Cf. Testimony of Morival Favoreto of March 9, 1999, and receipt for payment of doctor’s visit in the name of Morival Favoreto (file of attachments to the answer to the application, sole tome, attachment 4, folios 1995 to 1998). 74 Cf. Order of Judge Khater of March 15, 1999, and opinion of the Public Prosecutor’s Office of August 4, 1999 (file of attachments to the answer to the application, sole tome, attachment 4, folios 1999 and 2003). At that time,