21 March 2014

JSMP : Baucau District Court hears cases of land dispute, assault, manslaughter and domestic violence in January 2014

ETLJB  21/03/2014 JSMP had released the English translation of its report on monitoring in the Baucau District Court during the month of January 2014. The text of the report follows. Case Summary Baucau District Court January 2014.

Introduction

After a period of judicial recess between 15 December 2013 and 15 January 2014, the Baucau District Court recommenced its functions and duties on 16 January 2014 as per normal.

In the third and fourth weeks of January 2014, JSMP observed 8 cases (7 criminal cases and 1 civil case), namely 6 cases involving simple offences against physical integrity characterized as domestic violence and 1 case of manslaughter. The civil case related to a land dispute. These eight cases are still ongoing.

The information below outlines the hearings conducted:

1.     Crime of simple offences against physical integrity, Case No.161/Crm.S/2013/TDB

Composition of judges   : Single

Judge                             : Afonso Carmona

Public Prosecutor           : Pascasio de Rosa Alves

Public Defender             : Juvinal Yanes

Conclusion                     : Ongoing

On 22 January 2014 the Baucau District Court tried a case of simple offences against physical integrity characterized as domestic violence involving the defendant EH who allegedly committed the offence against his wife. This case allegedly occurred on 8 March 2013 in Viqueque.

The public prosecutor alleged that the victim went to mourn at a wake in Viqueque city, starting on 2 March 2013 and she only returned on 8 March 2014. At approximately 11am the victim arrived home and the defendant asked the victim why she took so long to come back from the house where the wake was taking place.



However, the victim did not respond to the defendant’s questions so the defendant became angry and then pulled the victim by the hair and slammed her into the wall and pushed the victim causing her to fall on to the bed. Then the defendant took a piece of wood that was leaning against the wall and hit the victim in the head and back.

In relation to these acts, the public prosecutor charged the defendant for violating Article 145 of the Penal Code as well as the Law Against Domestic Violence.

In court the defendant acknowledged and admitted all of the facts set out in the indictment of the public prosecutor and regretted his actions. In addition, the defendant also stated that he would not reoffend against his wife in the future.

In his final recommendations the public prosecutor requested for the court to sentence the defendant to 3 months in prison, to be suspended for 6 months because the defendant admitted the facts as charged and regretted his actions.

The public defender requested for the court to issue the defendant with a warning based on the mitigating circumstances established during the trial. For example, the defendant was well behaved, they have reconciled, the defendant is the breadwinner and has 6 children.

After hearing the recommendation of the public prosecutor and the lawyer representing the defendant, the court adjourned the trial until 10am on 6 February 2014 to announce its final decision.

2.     Crime of simple offences against physical integrity, Case No.232/Crm./2013/TDB.

Composition of judges   : Single

Judge                             : Afonso Carmona

Public Prosecutor           : Pascasio de Rosa Alves

Public Defender             : Juvinal Yanes

Conclusion                     : Ongoing

On 22 January 2014 the Baucau District Court tried a case of simple offences against physical integrity characterized as domestic violence involving the defendant CCS who allegedly committed the offence against his wife. This case allegedly occurred on 19 January 2013 in Viqueque District.

The public prosecutor alleged that on 1 January 2013 at approximately 7am the victim went to bathe at the well. The defendant followed the victim and found her talking on the telephone with a suspected male. The defendant was suspicious and grabbed the telephone out of the victim’s hand and smashed it on the ground. Then the defendant went home. However the defendant was still not happy and went back and met the victim on the road and the defendant became angry and hit the victim twice in the face causing her to fall to the ground.

In relation to these acts, the public prosecutor charged the defendant for violating Article 145 of the Penal Code as well as the Law Against Domestic Violence.

In court the defendant acknowledged and admitted all of the facts as charged and expressed regret for his actions. The defendant also promised not to reoffend in the future.

In his final recommendations the public prosecutor requested for the court to sentence the defendant to 3 months in jail, to be suspended for 6 months because the defendant admitted the charges, regretted his actions and has reconciled with the victim.

The public defender requested for the court to issue the defendant with a warning because the defendant admitted his actions, expressed regret and has reconciled with the victim.

After hearing the recommendations from both parties, the court adjourned the trial until 6 February 2014, at 10.15am to announce its final decision.

3.     Crime of simple offences against physical integrity, Case No. 234/Crm.S/2013/TDB.

Composition of judges   : Single

Judge                             : Afonso Carmona

Public Prosecutor           : Pascasio de Rosa Alves

Public Defender             : Juvinal Yanes

Conclusion                     : Ongoing

On 23 July 2014 the Baucau District Court tried a case involving simple offences against physical integrity characterized as domestic violence involving the defendant EMNN who allegedly committed the offence against his wife. This case allegedly occurred on 28 February 2013 in Viqueque District.

The public prosecutor alleged that on 28 February 2013 the defendant punched the victim once above her right eye and chased the victim with a piece of steel, however he was unable to punch the victim because she ran away. This case allegedly occurred because when the defendant came home the victim verbally abused the defendant and said that the defendant did not own anything and couldn’t tell the difference between those ceremonies that relate to the death of a person, and those that don’t. Therefore the defendant became angry and assaulted the victim.

The public prosecutor alleged that the defendant violated Article 145 of the Penal Code on simple offences against physical integrity in conjunction with Article 35 of the Law Against Domestic Violence.

In court the defendant admitted all of the facts alleged by the public prosecutor. The defendant also regretted his actions and promised not to reoffend in the future.

In his final recommendations the public prosecutor requested for the court to sentence the defendant to a fine because the defendant admitted all of the facts charged, regretted his actions, was a first time offender and has reconciled with the victim.

The public defender requested for the court to issue the defendant with a warning because the defendant had cooperated during the trial, has reconciled with the victim, is living together with the victim and has shared a family with her for a number of years. In addition, the defendant is the breadwinner of the family.

After hearing the final recommendations of the parties the court adjourned the trial until 6 February 2014 at 10.30am to read out its decision.

4.     Crime of simple offences against physical integrity-Case No.236/Crm.S/2013/TDB

Composition of judges   : Single

Judge                             : Afonso Carmona

Public Prosecutor           : Aderito Tilman

Public Defender             : Juvinal Yanes

Conclusion                     : Ongoing

On 23 January 2014 the Baucau District Court tried a case involving simple offences against physical integrity characterized as domestic violence involving the defendant CFB who allegedly committed the offence against his father. This case allegedly occurred on 20 September 2012 in Baucau District.

The public prosecutor alleged that on 20 September 2012, at approximately 6pm, the defendant and the victim argued about children. At that time, the defendant was holding a machete and was drunk. The defendant suddenly became angry and broke a plate that was on the table. The victim stood up to grab the defendant, however the defendant used the blunt part of the machete to strike the victim in the head, but the machete slipped and struck the victim on the shoulder, injuring him.

In relation to these acts, the public prosecutor charged the defendant for violating Article 145 of the Penal Code on simple offences against physical integrity as well as Article 35 of the Law Against Domestic Violence.

During the trial the defendant admitted all of the facts charged against him. Then the defendant stated that a day after the incident the defendant kneeled down and embraced the victim to seek forgiveness.

In his final recommendations, the public prosecutor requested for the court to sentence the defendant to 2 month’s jail, suspended for 5 months, because the defendant regretted his actions and apologized to the victim and they have reconciled.

The public defender requested for the court to issue a warning against the defendant because the defendant cooperated during the trial, had apologized to the victim and they have reconciled.

After hearing the recommendations of the parties, the court adjourned the trial to 6 February 2014, at 2pm to announce its decision.

5.     Crime of simple offences against physical integrity,Case No.173/Crm.S/2012/TDB


Composition of judges   : Single

Judge                             : Jose Gonçalves

Public Prosecutor           : Aderito Tilman

Public Defender             : Gregório de Lima

Conclusion                     : Ongoing

On 30 January 2014 the Baucau District Court tried a case involving simple offences against physical integrity characterized as domestic violence involving the defendant AXH who allegedly committed the offence against his wife. This case allegedly occurred on 09 September 2011 in Baucau District.

The public prosecutor alleged that on 11 September 2011, at approximately 8pm, the victim was watching television at a neighbor’s house and suddenly the defendant went and dragged the victim out of the house. After dragging the victim outside, the defendant punched her twice in the mouth and caused bleeding. The defendant then slapped the victim across the cheek, choked her and kicked her twice on the side and punched her twice in the back.

In relation to these acts, the public prosecutor charged the defendant for violating Article 145 of the Penal Code as well as Article 35 of the Law Against Domestic Violence.

During the trial the defendant admitted the facts alleged by the Public Prosecutor. The defendant also stated that they have reconciled, they have 7 children and the defendant was the only breadwinner in the family.

In his final recommendations, the public prosecutor mentioned that the defendant hit the victim without a reason, however the defendant regretted his actions and they have reconciled, so he requested for the court to sentence the defendant to 4 months in prison, suspended for 7 months.

The public defender requested for the court to apply an appropriate punishment based on the mitigating circumstances that were established during the trial, such as the fact that the defendant expressed regret, has 7 children and is the breadwinner.

After hearing from the recommendations of the parties the court adjourned the trial until 11 February 2014 at 9am to announce its decision.

6.     Crime of manslaughter and unlicensed driving, Case No. 238/Crm.S/2012/TDB

Composition of judges   : Single

Judge                             : Afonso Carmona

Public Prosecutor           : Aderito Tilman

Public Defender             : Juvinal Yanes

Conclusion                     : Ongoing

On 30 January 2014 the Baucau District Court tried a case of manslaughter and driving unlicensed involving the defendants DBR and BJ and the victim ASH. This case allegedly occurred on 25 August 2012, di Lautem District.

The public prosecutor alleged that on 25 August 2012 at 12.00 midnight the defendant DBR was riding a Honda motorcycle in the opposite direction to the defendant BJ who was carrying the victim ASH as a passenger and traveling at high speed without any lights. As they were traveling in the opposite directions they collided with each other.

This collision caused ASH to suffer serious injuries to the head and a broken arm. The victim was treated the Baucau Referral Hospital for 14 days, however the victim then passed away.

In relation to these acts, the public prosecutor charged the defendant DBR for violating Article 140 of the Penal Code on manslaughter and charged the defendant BJ for violating Article207 of the Penal Code on unlicensed driving.

During the trial the defendant DBR admitted and confirmed all of the facts that were charged in the indictment of the public prosecutor. The defendant also stated that when ASH passed away the defendant helped pay for the ceremony for the burial of the deceased.

In addition the defendant BJ also admitted and confirmed all of the facts charged by the public prosecutor. The defendant stated that after the incident he had not ridden a motorcycle again.

The public prosecutor stated that the defendants caused the death of the victim. However, considering that the defendants helped pay for the burial and helped the family of the victim the public prosecutor requested for the court to punish the defendants in accordance with the sentences provided in the articles that were charged previously.

On the other hand the public defender asked the court to hand down a fair penalty against the defendants because they helped pay for the burial of the victim.

After hearing the recommendations of the parties the court adjourned the trial until 13 February 2014 at 10am to announce its decision.

7.     Crime of simple offences against physical integrity, Case No.244/Crm.S/2012/TDB

Composition of judges   : Single

Judge                             : Afonso Carmona

Public Prosecutor           : Aderito Tilman

Public Defender             : Juvinal Yanes

Conclusion                     : Ongoing

On 30 January 2014 the Baucau District Court tried a case involving simple offences against physical integrity characterized as domestic violence involving the defendant CJF and his wife.This case allegedly occurred on 08 October 2012 in Baucau District.

The public prosecutor alleged that on 08 October 2012 the defendant struck the victim in the stomach with a piece of wood, pulled the victim by her hair and dragged her to the ground and punched her in the mouth, causing injury.

This case occurred because the victim spoke too much when they were discussing a family problem related to fetosan-umane.

The public prosecutor alleged that the defendant violated Article 145 of the Penal Code on simple offences against physical integrity in conjunction with Article 35 of the Law Against Domestic Violence.

During the trial the defendant admitted all of the facts alleged by the Public Prosecutor. The defendant also stated that they have reconciled and the defendant promised not to repeat his actions in the future.

In his final recommendations the public prosecutor stated that the defendant regretted his actions, has reconciled with the victim, and therefore he requested for the court to apply a penalty of 3 month’s jail, suspended for 5 months.

The public defender requested for the court to admonish the defendant. This request was based on the mitigating circumstances, such as the fact that the defendant regretted his actions, and they have been living together as husband and wife.

After hearing the recommendations of the parties the court adjourned the trial until 13 February 2014 at 2pm to announce its decision.

8.     Land Dispute, Case No.54/P.C/2013/TDB

Composition of judges   : Single

Judge                             : Afonso Carmona

Lawyer                           : Lino Lopes

Public Defender             : Gregório de Lima

Conclusion                     : Ongoing

On 30 January 2014 the Baucau District Court tried a land dispute involving GdS as the plaintiff and FdP as the respondent. This case allegedly occurred on 27 April 2013 in Baucau District.

This hearing was convened to hear testimony from witnesses. The witnesses JMAP and ECB were presented by the plaintiff, whilst CRC and ZB were presented by the respondent.

The witness JMAP stated that in 1956 the witness’ father was the chief of Quelicai Sub-District, and the land in dispute was occupied by the two plaintiffs. The witness did not know who planted the crops/attended to the plantation on the land.

The witness ECB stated that he lived close to the object of the dispute (Tugu-Isi).The witness stated that at that time Antonio (deceased) occupied the land but after Antonio passed away the witness did not know the plaintiff who had occupied the land.

The witness CRC stated that respondent had built a house on the ‘Sira-Isi’ land, not on the land of the plaintiff. In addition, the witness ZB stated that respondent had built a house in 2013 however it was not yet finished. The house was built on ‘Sira-Isi’ land.

After hearing testimony from four of the witnesses, the court adjourned the trial until 4 February 2014, at 12.00pm to hear the final recommendations of the parties. Source: JSMP Press Release 19 March 2014
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