JUDICIAL SYSTEM MONITORING PROGRAMME PROGRAMA MONITORIZASAUN SISTEMA JUDISIÁRIU Case Summary Baucau District Court February 2018
Statement: The following case summaries set out the facts and the proceedings of cases before the court based on JSMP's independent monitoring, and the testimony given by the parties before the court. This information does not reflect the opinions of JSMP as an institution.
JSMP strongly condemns all forms of violence, especially against women and vulnerable persons. JSMP maintains that there is no justification for violence against women.
A. Summary of the trial process at the Baucau District Court
1. Total cases monitored by JSMP: 30
Article
Type of Case
Number of cases
Article 145 of the Penal Code (PC) and Articles 2, 3 and 35 (b) of the Law Against Domestic Violence (LADV)
Simple offences against physical integrity characterized as domestic violence and types of offences categorised as domestic violence
12
Article 145 of the PC
Simple offences against physical integrity
4
Articles 172 and 173 of the Penal Code
Rape
4
Article 154 of the PC
Mistreatment of a spouse
3
Article 177 of the PC
Sexual abuse of a minor
1
Articles 177 & 182 (PC)
Aggravated sexual abuse of a minor
1
Article 171 of the PC
Sexual coercion
1
Article 138 of the PC
Homicide
1
Article 157 of the PC
Threats
1
Article 322 of the PC
Illegal gambling
1
Article 207 of the PC
Driving without a licence
1
Total
30
2. Total number of decisions monitored by JSMP: 23
Type of decision
Number of cases
Suspension of execution of a prison sentence (Article 68 of the PC)
11
Fine (Article 67 of the PC)
7
Prison sentence (Article 66 of the PC)
4
Validating withdrawal of complaint
1
Total
23
3. Total ongoing cases based on JSMP monitoring: 7
B. Descriptive summary of the decision handed down in cases that were monitored by JSMP;
1. Crime of simple offences against physical integrity characterized as domestic violence
Case No. : 0061/16. BCBCV
Composition of the Court : Single Judge
Judge : José Gonsalves
Prosecutor : Ivonia Maria Guterres
Public Defender : Jose M. Guterres
Type of Penalty : 6 months in prison, suspended for 1 year
On 2 February 2018 the Baucau District Court announced its decision in a case of simple offences against physical integrity characterised as domestic violence involving the defendant AdC who allegedly committed the offence against his wife in Baucau District.
Charges of the Public Prosecutor
The public prosecutor alleged that on 9 November 2016 at 12pm the defendant verbally abused the victim and punched the victim once on her left thigh. The defendant punched the victim once in the back and pulled and twisted the victim's hair with great force.
The public prosecutor alleged that the defendant violated Article 145 of the Penal Code on simple offences against physical integrity that carries a maximum penalty of three years in prison or a fine as well as Articles 2, 3, 35 and 36 of the Law Against Domestic Violence.
Presentation of evidence
During the trial the defendant confessed all of the facts in the indictment. The defendant also declared that he was a first time offender and he has reconciled with the victim. The victim confirmed and maintained the facts set out in the indictment of the public prosecutor. The victim also stated that she has reconciled with the defendant.
Final recommendations
The public prosecutor stated that all of the facts had been proven based on the confession of the defendant and the testimony of the victim. For this reason she requested for the court to impose a prison sentence of 6 months, suspended for 2 years.
During the trial the defendant confessed all of the facts set out in the indictment, the defendant also stated that was a first time offender, has reconciled with victim, and promised not to commit any more crimes against the victim. Therefore he requested for the court to impose a fair penalty against the defendant.
Decision
After evaluating the facts that were proven during the trial, the court concluded the matter and sentenced the defendant to six months in prison, suspended for 1 year and ordered him to pay court costs of US$ 10.
2. Crime of simple offences against physical integrity
Case No. : 0023/16. BCLGA
Composition of the Court : Single Judge
Judge : José Gonsalves
Prosecutor : Ivonia Maria Guterres
Public Defender : Sidonio M. Sarmento
Type of Penalty : Fine
On 2 February 2018 the Baucau District Court announced its decision in a case of simple offences against physical integrity involving the defendant Domingos Barbosa who allegedly committed the offence against the victim Jose Piedade, in Sagadate Village, Laga Sub-District, Baucau District.
Charges of the Public Prosecutor
The prosecutor alleged that on 20 October 2016 at 12.20pm the defendant punched the victim in the mouth and the victim suffered an injury and bleeding to his mouth and he had to be treated at the Laga Medical Centre. This case occurred at the Teriloidae market when the victim and the defendant had an argument about the defendant's desire to nominate the victim for sub-village chief, but the victim did not agree because the victim said he didn't have the capacity for this position. So the defendant verbally abused the victim and committed the act against the victim.
The public prosecutor alleged that the defendant violated Article 145 of the Penal Code on simple offences against physical integrity that carries a maximum penalty of three years in prison or a fine.
Presentation of evidence
During the trial the defendant confessed all of the facts set out in the indictment, the defendant also stated that he regretted his actions, was a first time offender, and promised not to commit any more crimes against the victim. The victim maintained all of the facts set out in the indictment of the public prosecutor.
Final recommendations
The public prosecutor stated that the defendant was guilty of committing the crime against the victim based on the confession of the defendant and the statement of the victim. For this reason she requested for the court to impose a prison sentence of 1 year, suspended for 3 years against the defendant.
The public defender stated that the defendant confessed all of the facts set out in the indictment, was a first time offender and has reconciled with the victim. Therefore he requested for the court to impose a fair penalty against the defendant.
Decision
The court concluded this matter and ordered the defendant to pay a fine of US$ 45 to be paid in daily instalments of 50 cents for 90 days. The court also imposed an alternative penalty of 90 days in prison if the defendant does not pay this fine.
3. Crime of simple offences against physical integrity characterized as domestic violence
Case No. : 0014/17. VQOSU
Composition of the Court : Single Judge
Judge : Afonso Carmona
Prosecutor : Luis H. Rangel da Cruz
Public Defender : Jose Maria Guterres
Type of Penalty : 6 months in prison, suspended for 1 year
On 2 February 2018 the Baucau District Court announced its decision in a case of simple offences against physical integrity characterised as domestic violence involving the defendant ABP who allegedly committed the offence against his wife in Viqueque District.
Charges of the Public Prosecutor
The public prosecutor alleged that on 7 July 2017 at 8.40am the defendant punched the victim once in the back and slapped her once on the back of her neck.
The public prosecutor alleged that the defendant violated Article 145 of the Penal Code on simple offences against physical integrity that carries a maximum penalty of three years in prison or a fine as well as Article 2, 3, 35 and 36 of the Law Against Domestic Violence.
Presentation of evidence
During the trial the defendant confessed all of the facts set out in the indictment and stated that he has reconciled with the victim, he regretted his actions, and promised not to reoffend against the victim in the future. The victim maintained the facts set out in the indictment of the public prosecutor.
Final recommendations
The public prosecutor stated that all of the facts had been proven based on the confession of the defendant and the testimony of the victim. For this reason he requested for the court to impose a prison sentence of 3 months, suspended for 1 year.
The public defender stated that the defendant confessed all of the facts set out in the indictment, regretted his actions, reconciled with the victim, and promised that in the future he would not commit any crimes against the victim. Therefore he requested for the court to impose a fair penalty against the defendant.
Decision
After evaluating the facts that were proven during the trial, the court concluded the matter and sentenced the defendant to six months in prison, suspended for 1 year and ordered him to pay court costs of US$ 20.
4. Crime of mistreatment of a spouse
Case No. : 0003/17. PDBAU
Composition of the Court : Panel
Judges : Afonso Carmona
: José Gonsalves
: Hugo da Cruz Pui
Prosecutor : Domingos Goveia Barreto
Public Defender : Sidonio M. Sarmento
Type of Penalty : Prison sentence of 2 years and 6 months, suspended for 2 years and 6 months plus civil compensation
On 7 February 2018 the Baucau District Court conducted a hearing to announce its decision in a case of maltreatment against a spouse involving the defendant TFX who allegedly committed the offence against his wife in Baucau District.
Charges of the Public Prosecutor
The public prosecutor alleged that on 29 December 2016, at 7pm, the victim ran away to live at her uncle's house and until now has not returned because she is afraid of the defendant.
Previously on 7 November 2016, at 8pm the defendant punched the victim once on her right upper arm and kicked her once on her right leg.
On 19 October 2016, at 4am the defendant punched the victim once on her right upper arm and kicked her once on her back. On an unspecified date in October 2016 the defendant pulled the victim's hair and threw the victim on the ground and kicked the victim once in the stomach and caused the victim to suffer and injury and bleeding to her head.
The public prosecutor alleged that the defendant violated Article 154 of the Penal Code on the mistreatment of a spouse that carries a prison sentence of 2 - 6 years in prison as well as Articles 2, 3, 35 and 36 of the Law Against Domestic Violence.
Presentation of evidence
During the trial the defendant confessed all of the facts set out in the indictment, the defendant also stated that he regretted his actions, was a first time offender and has reconciled with victim. The victim confirmed all of the facts in the indictment and the victim also asked for the defendant to provide for their baby who is 4 months old.
Final recommendations
The public prosecutor stated that the defendant was guilty of committing the crime against the victim based on the confession of the defendant and the statement of the victim. For this reason he requested for the court to impose a prison sentence of 3 years, suspended for 3 years against the defendant.
The public defender requested for the court to impose a lenient penalty against the defendant, because the defendant confessed all of the facts set out in the indictment, regretted his actions, was a first time offender and has reconciled with the victim.
Decision
After evaluating the facts that were proven during the trial, the court concluded the matter and sentenced the defendant to 2 years and 6 months in prison, suspended for 2 years and 6 months, and ordered him to pay civil compensation to the victim of US$ 200 and court costs of US$ 30.
5. Crime of Rape
Case No. : 0012/16. VQOSU
Composition of the Court : Panel
Judges : Afonso Carmona
José Gonsalves
Hugo da Cruz Pui
Prosecutor : Domingos Goveia Barreto
Public Defender : Sidonio M. Sarmento
Type of Penalty : 5 years in prison
On 7 February 2018 the Dili District Court conducted a hearing to announce its decision in a case of attempted rape involving the defendant AdS who allegedly committed the offence against the victim MAdS in Viqueque District.
Charges of the Public Prosecutor
The public prosecutor alleged that on 17 June 2016 at approximately 2pm the victim left her place in Ossu market to visit her sick mother in the mountains. When she reached the Waibere river the victim saw the defendant following the victim from behind so she called out and asked the defendant where he was going. But suddenly the defendant approached the victim and forcefully grabbed the victim's arm and asked the victim for her telephone number, but the victim refused. Then the defendant let go of the victim's arm but the defendant used his right hand to cover the victim's moth and grabbed the victim's breasts with his left hand. The defendant then grabbed the victim's arm and walked with the victim for approximately 20 metres, and the defendant grabbed the victim's shoulders and pushed her on the ground and removed the victim's clothes and the defendant also removed his clothes and rubbed his genitals on the victim's genitals. During the incident the victim tried to yell, but nobody heard because it was an isolated area.
The public prosecutor alleged that the defendant violated Article 172 of the Penal Code on the crime of rape that carries a prison sentence of 5 to 15 years in prison and Articles 23 and 24.1 of the Penal Code on attempt and punish ability of attempt.
Presentation of evidence
During the trial the defendant denied all of the facts in the indictment. The defendant stated that he held the victim's hand when they left school and the defendant stated that he didn't know about any of the other facts relating to this incident. The victim maintained all of the facts in the indictment and stated that after committing the act the defendant ran to his house and the victim told her father and they went to the defendant's house. When the victim's father asked the defendant about the incident the defendant denied all of the facts so the victim and her father made a complaint at the Ossu Police Station.
The witness AFX, who is the victim's father, testified that when the victim told him that the defendant had raped her, the witness and the victim went to question the defendant at his home but the defendant denied that he committed the act against the victim, so the witness immediately made a complaint at the Ossu Police Station.
Final recommendations
The public prosecutor stated that during the examination of evidence the defendant completely denied all of the facts in the indictment, but the victim maintained all of the facts in the indictment that the crime actually occurred. The public prosecutor also stated that during the incident the defendant rubbed his genitals on the victim's genitals. So he requested for the court to modify the charge from the crime of rape pursuant to Article 172 of the Penal Code to Article 171 of the Penal Code on the crime of sexual coercion. For this reason he requested for the court to impose a prison sentence of 3 years and 6 months.
The public defender stated that during the trial the defendant testified that he did not commit crime as alleged by the public prosecutor. Therefore he requested for the court to provide justice to the defendant.
Decision
After evaluating the facts produced during the trial, the court considered the request to modify the charge of the public prosecutor from Article 172 of the Penal Code on rape to Article 171 of the Penal Code on sexual coercion. The court found the defendant guilty of committing the crime of sexual coercion against the victim and not rape pursuant to Article 172 of the Penal Code because the crime did not fulfil the requirements of Article 172 of the Penal Code. Based on this modification, the court concluded this matter and sentenced the defendant to 5 years in prison.
6. Crime of simple offences against physical integrity
Case No. : 0014⁄17. VQWTL
Composition of the Court : Single Judge
Judge : Jose Escurial
Prosecutor : Gustavo da Silva Moreira
Public Defender : Sidonio M. Sarmento
Type of Penalty : 6 months in prison, suspended for 1 year
On 7 February 2018 the Baucau District Court announced its decision in a case of simple offences against physical integrity involving the defendant Abilio Pinto who allegedly committed the offence against the victim Francisco Menezes, in Afaloikai Village, Uatulari Sub-District, Viqueque District.
Charges of the Public Prosecutor
The public prosecutor alleged that on 28 June 2017 at 8.40pm the defendant punched the victim once in the chest and caused the victim to fall to the ground. The defendant then grabbed the victim's leg and dragged him approximately 3 metres and caused injuries to the victim's elbow and waist. Before the incident, the defendant, who is the victim's neighbour, swore at the victim and the victim did not accept it and they argued, so the defendant committed this act against the victim.
The public prosecutor alleged that the defendant violated Article 145 of the Penal Code on simple offences against physical integrity that carries a maximum penalty of three years in prison or a fine.
Presentation of evidence
During the trial the defendant stated that during the incident the defendant was drunk and was talking in front of his house and the victim argued with the defendant, so the defendant also argued with the victim. The defendant stated that he grabbed the front of the victim's shirt but did not punch the victim because the victim's daughter separated them. The defendant added that the victim did not fall to the ground because the defendant punched him, but the victim fell over by himself. The victim maintained the facts set out in the indictment of the public prosecutor.
The witness Ana Maria, who is the victim's daughter, testified that during the incident she was studying in the front room of the house and she heard the defendant and the victim arguing, so she left the house and saw the defendant punch the victim once in the chest and this caused the victim to fall to the ground and she grabbed the victim and helped him up.
Final recommendations
The prosecutor stated that the defendant was guilty of committing the crime against the victim, even though the defendant denied all of the facts in the indictment, but the victim and witness maintained all of these facts. For this reason he requested for the court to impose a prison sentence of 6 months, suspended for 1 year.
The public defender requested for the court to impose an adequate penalty against the defendant, because the defendant stated that during the incident the defendant did not commit the crime against the victim.
Decision
After evaluating the facts that were produced during the trial, the court concluded the matter and sentenced the defendant to 6 months in prison, suspended for 1 year.
7. Crime of simple offences against physical integrity characterized as domestic violence
Case No. : 0074/17. VCVCB
Composition of the Court : Single Judge
Judge : Jose Quintão
Prosecutor : Luis H. Rangel da Cruz
Defence : Alexandrina de Sousa (Private Lawyer)
Type of Penalty : Fine
On 7 February 2018 the Baucau District Court announced its decision in a case of simple offences against physical integrity characterised as domestic violence involving the defendant JAB who allegedly committed the offence against his wife in Baucau District.
Charges of the Public Prosecutor
The public prosecutor alleged that on 11 October 2017 at 8am the defendant grabbed the front of the victim's shirt with great force, punched the victim twice on her right ear which caused the victim to fall to the ground. The defendant then took a piece of wood and struck the victim three times on her left arm and her right leg.
The public prosecutor alleged that the defendant violated Article 145 of the Penal Code on simple offences against physical integrity that carries a maximum penalty of three years in prison or a fine as well as Article 2, 3, 35 and 36 of the Law Against Domestic Violence.
Presentation of evidence
During trial the defendant stated that he took a piece of wood and struck the victim on her right arm and twice slapped the victim twice on the cheek and denied that he roughly grabbed the victim's shirt and punched the victim twice in the ear. The defendant also stated that after the incident he wanted to reconcile with the victim, but the victim's brother did not agree. The defendant stated that he regretted his actions and promised that in the future he would not commit any crimes against the victim and he would look after his child. The victim maintained the facts in the indictment and stated that she has separated from the defendant.
Final recommendations
The public prosecutor maintained the charges and stated that the defendant had been proven guilty of committing the crime against the victim based the partial confession of the defendant and the testimony of the victim. To deter the defendant from committing any further crimes in the future, the public prosecutor requested for the court to sentence the defendant to 3 months in prison, suspended for 1 year.
The public defender stated that that the defendant confessed the facts he committed, and after the incident the defendant wanted to reconcile with the victim, but the victim's brothers did not agree and the defendant regretted his actions. Therefore he requested for the court to provide justice to the defendant.
Decision
The court concluded this matter and ordered the defendant to pay a fine of US$ 22.50 to be paid in daily instalments of 50 cents for 45 days, as well as court costs of US $ 20. The court also imposed an alternative penalty of 20 days in prison if the defendant does not pay this fine.
8. Crime of simple offences against physical integrity characterized as domestic violence
Case No. : 0011/17. BCVMS
Composition of the Court : Single Judge
Judge : Hugo da Cruz Pui
Prosecutor : Luis Hernanio Rangel da Cruz
Public Defender : Sidonio M. Sarmento
Type of Penalty : 6 months in prison, suspended for 1 year
On 8 February 2018 the Baucau District Court announced its decision in a case of simple offences against physical integrity characterised as domestic violence involving the defendant PAS who allegedly committed the offence against his daughter in Baucau District.
Charges of the Public Prosecutor
The public prosecutor alleged that on 8 November 2017, at 10am, the defendant twice kicked the victim on the back and threw the victim on the ground and caused the victim to suffer pain to her back.
The public prosecutor alleged that the defendant violated Article 145 of the Penal Code on simple offences against physical integrity that carries a maximum penalty of three years in prison or a fine as well as Article 2, 3, 35 and 36 of the Law Against Domestic Violence.
Presentation of evidence
During the trial the defendant confessed all of the facts set out in the indictment, the defendant also stated that he was a first time offender, regretted his actions, and promised not to commit any more crimes against the victim in the future. The victim maintained the facts set out in the indictment of the public prosecutor.
Final recommendations
The public prosecutor stated that the defendant was guilty of committing the crime against his daughter based on the confession of the defendant and the statement of the victim. For this reason he requested for the court to impose a apply prison sentence of 3 months, suspended for 1 year, as well as an order for the defendant to pay court costs.
The public defender requested for the court to impose a fair penalty against the defendant because the defendant confessed, regretted his actions and was a first time offender.
Decision
After evaluating the facts that were produced during the trial, the court concluded the matter and sentenced the defendant to six months in prison, suspended for 1 year and ordered him to pay court costs of US$ 20.
9. Crime of simple offences against physical integrity characterized as domestic violence
Case No. : 0003/17. BCLGA
Composition of the Court : Single Judge
Judge : José Gonsalves
Prosecutor : Ivonia Maria da Cruz
Public Defender : Antonio Fernandes
Type of Penalty : Fine
On 9 February 2018 the Baucau District Court announced its decision in a case of simple offences against physical integrity characterised as domestic violence involving the defendant CX who allegedly committed the offence against his wife in Baucau District.
Charges of the Public Prosecutor
The public prosecutor alleged that on an unspecified date in March 2017, the defendant punched the victim once in the forehead and caused the victim to suffer an injury and bleeding from her forehead. After the incident the victim received treatment at the Laga Medical Centre.
The public prosecutor alleged that the defendant violated Article 145 of the Penal Code on simple offences against physical integrity that carries a maximum penalty of three years in prison or a fine as well as Article 2, 3, 35 and 36 of the Law Against Domestic Violence.
Presentation of evidence
During the trial the defendant stated that the facts set out in the indictment were all true and the defendant also stated that he regretted his actions. The victim maintained the facts set out in the indictment of the public prosecutor.
Final recommendations
The public prosecutor stated that the defendant was guilty of committing the crime against the victim based on the confession of the defendant and the statement of the victim. For this reason he requested for the court to impose a apply prison sentence of 6 months, suspended for 2 years.
The public defender requested for the court to impose a fair penalty against the defendant because the defendant confessed, regretted his actions and is a first time offender.
Decision
After evaluating the facts produced during the trial, the court concluded this matter and ordered the defendant to pay a fine of US$ 45 to be paid in daily instalments of US$ 0.50 for 90 days. The court also imposed an alternative penalty of 60 days in prison if the defendant does not pay this fine.
10. Aggravated sexual abuse of a minor
Case No. : 0201/14. PDBAU
Composition of the Court : Panel
Judges : José Gonsalves
Afonso Carmona
Hugo da Cruz Pui
Prosecutor : Luis Hernanio Rangel da Cruz
Public Defender : Jose Maria Guterres
Type of Penalty : 10 years in prison
On 15 February 2018 the Baucau District Court announced its decision in a case of sexual abuse of a minor involving the defendant JMdS who allegedly committed the offence against a child aged 3 in Baucau District.
Charges of the Public Prosecutor
The public prosecutor alleged that on 5 March 2014 at 11am the victim was playing at her home and the victim's father was in his plantation. The defendant approached the victim and called the victim into the defendant's room. Then the defendant laid the victim on the bed and removed the victim's clothing and used force to commit sexual abuse against the victim.
The public prosecutor accused the defendant of violating Article 177.1 of the Penal Code on the sexual abuse of a minor and Article 182 (a) of the Penal Code on aggravation.
Presentation of evidence
During the trial the defendant confessed all of the facts in the indictment, the defendant also stated that the incident occurred in a traditional sacred house. The defendant also stated that he regretted his actions and was a first time offender. When the judges asked about the incident the victim confirmed all of the facts in the indictment[1].
Final recommendations
The public prosecutor stated that the defendant was guilty of committing the crime against the victim based on the confession of the defendant and the statement of the victim. In addition, the public prosecutor also stated that at the time of the incident the victim was very young. For this reason the public prosecutor requested for the court to sentence the defendant to 20 years in prison.
The public defender requested for the court to impose a more lenient penalty than that recommended by the public prosecutor, because the defendant was aged 16, confessed all of the facts set out in the indictment, regretted his actions and was a first time offender.
Decision
After evaluating the facts produced during the trial, the court found the defendant guilty of committing the crime of sexual abuse of a minor. The court also considered that the defendant was only 16 and there is a chance that the defendant can change his behaviour in the future, so the court concluded the matter and sentenced the defendant to 10 years in prison.
11. Crime of Rape
Case No. : 0899/14. PDBAU
Composition of the Court : Panel
Judges : José Gonsalves
Afonso Carmona
Jose Escurial
Prosecutor : Ivonia Maria Guterres
Public Defender : Jose Maria Guterres
Type of Penalty : 16 years in prison
On 15 February 2018 the Baucau District Court conducted a hearing to announce its decision in a case of rape involving the defendant CF who allegedly committed the offence against the victim IdFX who was aged 15 in Viqueque District.
Charges of the Public Prosecutor
The public prosecutor alleged that on an unspecified date at the start of 2014, at 12 midnight, the victim and her two younger siblings were at home, because the victim's parents were staying in the mountains. Suddenly the defendant entered the front door that was covered with some thin wood and pointed a knife at the victim and told the victim to lie down on the bed and threatened the victim by saying that if she didn't do what he wanted the defendant would kill the victim's two younger siblings. Because she was afraid the victim lay down on the bed and the defendant removed the victim's clothing and grabbed the victim's breasts and kissed the victim's cheek and used force to have sexual intercourse with the victim. As a result of this act the victim suffered pain to her genital and heavy bleeding. After committing this crime the defendant put on his trousers and told the victim “close the door you monkey, your father with the disabled arm can't do anything against me”. When the victim's parents returned home the victim did not tell them because she was afraid that the defendant would kill her.
Then on an unspecified date between February and March 2014 at 12 midnight the victim and her two younger siblings were home alone and the defendant went to the victim's house and used force to have sexual intercourse with the victim and the victim became pregnant and the victim told her parents about this incident. As a result of the rape the victim gave birth to a baby girl in November 2014.
The public prosecutor alleged that the defendant violated Article 172 of the Penal Code on rape that carries a maximum penalty of 5-15 years in prison.
Presentation of evidence
During the trial the defendant denied all of the facts in the indictment and the defendant stated that in February 2014 the defendant he was suffering from tuberculosis and after consulting the Baucau Referral Hospital the defendant was told to take medicine for 8 months. So therefore in 2014 the defendant was sick and stayed at home. The victim confirmed all of the facts in the indictment and stated that the crime occurred on two occasions and she became pregnant and had a baby girl.
Final recommendations
The public prosecutor stated that even though the defendant totally denied all of the facts in the indictment, the victim confirmed the facts in the indictment. The public prosecutor stated that during the two incidents the defendant took advantage of the situation when the victim's parents were not at home and the victim was alone with her two younger siblings. Therefore the prosecutor maintained the charges and requested for the court to use Article 172 in conjunction with Article 173 (d) and requested for the court to impose a prison sentence against the defendant.
The defence stated that during the trial the defendant said he did not commit the crime, because in 2014 the defendant was sick with tuberculosis. Therefore he requested for the court to impose a fair penalty against the defendant.
Decision
After evaluating the relevant facts produced during the trial, the could found that the defendant committed the crime of rape against the victim, even though the defendant denied all of the facts, however the court found that all of the facts had been proven, based on the testimony of the victim.
Before concluded this matter the court accepted the request of the public prosecutor to modify the previous charge, and to use Article 172 in conjunction with Article 173 on aggravation. Based on these considerations, the court concluded this matter and sentenced the defendant to 16 years in prison[2].
12. Aggravated sexual abuse of a minor
Case No. : 0076/16. PDBAU
Composition of the Court : Panel
Judges : Afonso Carmona
José Gonsalves
Hugo da Cruz Pui
Prosecutor : Luis Hernanio Rangel da Cruz
Public Defender : Jose Maria Guterres
Type of Penalty : 20 years in prison
On 15 February 2018 the Baucau District Court announced its decision in a case of sexual abuse of a minor involving the defendant BdC (neighbour) who allegedly committed the offence against the victim aged 11 in Lautem District.
Charges of the Public Prosecutor
The public prosecutor alleged that on 29 December 2015, at 10am, when the victim had been bathing at a well and was on the way home the defendant suddenly appeared and covered the victim's mouth and used force to push the victim in to the bushes, laid the victim down on the grass and had sexual intercourse with the victim.
On 28 December 2015 at 7pm when the victim's grandmother told the victim to take the defendant cigarettes and give them to him the defendant grabbed the victim's arm and pulled her into the room and used force to cover the victim's mouth and had sexual relations with the victim.
On 27 December 2015, when the victim's parents were away, the defendant went to the home of the victim and used a knife to threaten the victim to have sexual intercourse, but he did not manage to carry out the act because the victim has many younger siblings.
On 26 December 2015, at 5pm, the victim was carrying two buckets on the way to the well to fetch some water and on her way home the defendant suddenly appeared and grabbed her and tied his underwear around the victim's mouth so she could not scream. In addition the defendant also took a knife and threatened the victim, and then the defendant pushed the victim into some bushes and removed the victim's clothing and had sexual intercourse with the victim and caused heavy bleeding to the victim's genitals.
The public prosecutor accused of violating Article 177.1 of the Penal Code on the sexual abuse of a minor and Article 182.1 (a) of the Penal Code on aggravation, because the victim was aged less than 12 and Article 35 of the Penal Code on joinder of crimes.
Presentation of evidence
During the trial, the defendant used his right to remain silent. The victim confirmed all of the facts in the indictment and the victim also stated that when he was going to have sex with the victim, the defendant always used force and a knife to threaten the victim.
Final recommendations
The public prosecutor stated that even though the defendant used his right to remain silent, the prosecutor believed that the defendant was proven guilty of committing the crime of sexual abuse against a minor, and the victim confirmed all of the facts in the indictment and this crime was committed on four occasions. Therefore he requested for the court to impose a prison sentence of 30 years against the defendant.
The defence stated that during the trial the defendant chose to remain silent, but the victim maintained all of the facts set out in the indictment. Therefore he requested for the court to provide justice to the defendant.
Decision
After evaluating the facts that had been proven during the trial, the court found the defendant guilty of committing the crime of sexual abuse of a minor on 4 occasions. The court also proved that the defendant committed this act with force and threatened the victim. The court concluded this matter and sentenced the defendant to 20 years in prison.
13. Crime of making threats
Case No. : 0056/17.BCBCV
Composition of the Court : Single Judge
Judge : Jose Quintão
Prosecutor : Ivonia M. Guterres
Public Defender : Grigorio Jose de Lima
Type of Penalty : Fine
On 15 February 2018 the Baucau District Court announced its decision in a case of simple offences against physical integrity involving the defendant Sezario Freitas Guterres who allegedly committed the offence against the victim Juviano Soares, in Gariwai Village, Baucau Sub-District, Baucau District.
Charges of the Public Prosecutor
The public prosecutor alleged that on 2 August 2017, at 5.30pm, the victim and his friends went to bathe at a well. When the victims arrived at the well the defendant Sezario Freitas Guterres was bathing there. Suddenly the defendant swore at the victim and took a machete and chased the victim.
The public prosecutor alleged that the defendant violated Article 157 of the Penal Code on making threats with that carries a maximum penalty of one year in prison or a fine.
Presentation of evidence
During the trial the defendant stated that at the time of the incident the defendant was bathing at the well and suddenly the victim and his friends arrived and asked the defendant “Why are you polluting this water?”, so the defendant got angry, grabbed a machete and threatened the victim. The victim stated that at the time of the incident the victim and his friends were bathing at the well and suddenly the defendant swore at the victim and took a machete and chased the victim, so the victim became afraid and told the village chief.
The witnesses Angelo Marques Freitas and Felizadu Dias Ximenes, who were the friends of the victim, testified that the three of them went to bathe at the well, and when they were telling each other stories and having fund the defendant suddenly swore at the victim and took a machete chased the victim.
Final recommendations
The public prosecutor stated that the defendant was guilty of committing the crime against the victim and therefore he asked for the court to sentence the defendant to 6 months in prison, suspended for 2 years.
The defence requested for the court to impose an adequate penalty against the defendant, because during the incident the victim provoked the defendant.
Decision
The court concluded this matter and ordered the defendant to pay a fine of US$ 15 to be paid in daily instalments of 50 cents for 30 days. The court also imposed an alternative penalty of 20 days in prison if the defendant does not pay this fine.
14. Simple offences against physical integrity characterized as domestic violence
Case No. : 0034/17. PDBAU
Composition of the Court : Single Judge
Judge : José Gonsalves
Prosecutor : Luis Hernanio Rangel da Cruz
Public Defender : Grigorio de Lima
Type of Penalty : 6 months in prison, suspended for 1 year
On 26 February 2018 the Baucau District Court announced its decision in a case of simple offences against physical integrity characterised as domestic violence involving the defendant LdCG who allegedly committed the offence against his wife in Lautem District.
Charges of the Public Prosecutor
The public prosecutor alleged that on 25 March 2017 at 7am, the defendant took a wooden spoon and struck the victim twice on the back of her neck, kicked the victim once in the lower stomach and kicked the victim twice in the back which caused the victim to faint and fall to the ground.
The public prosecutor alleged that the defendant violated Article 145 of the Penal Code on simple offences against physical integrity that carries a maximum penalty of three years in prison or a fine as well as Articles 2, 3, 35 and 36 of the Law Against Domestic Violence.
Presentation of evidence
During the trial the defendant stated that the defendant did strike the victim twice on the back and slapped victim twice on her left cheek, but he denied that he kicked the victim in the lower stomach and back. The defendant also declared that he has reconciled with the victim, was a first time offender and regretted his actions. The victim maintained all of the facts in the indictment and stated that she has reconciled with the defendant.
Final recommendations
The public prosecutor stated that the defendant was guilty of committing the crime against the victim. Therefore, to deter the defendant from committing any further crimes against the victim, the public prosecutor requested for the court to sentence the defendant to 4 years in prison, suspended for 1 year.
The public defender requested for the court to impose a fair penalty against the defendant because the defendant confessed his actions, regretted his actions, has reconciled with the victim and was a first time offender.
Decision
After evaluating the facts that were proven during the trial, the court concluded the matter and sentenced the defendant to 6 months in prison, suspended for 1 year.
15. Simple offences against physical integrity characterized as domestic violence
Case No. : 0001/17. BCLGA
Composition of the Court : Single Judge
Judge : José Gonsalves
Prosecutor : Ivonia Maria Guterres
Public Defender : Grigorio de Lima
Type of Penalty : 1 year in prison, suspended for 2 years
On 26 February 2018 the Baucau District Court announced its decision in a case of simple offences against physical integrity characterised as domestic violence involving the defendant DC who allegedly committed the offence against his wife in Baucau District.
Charges of the Public Prosecutor
The public prosecutor alleged that on 10 January 2017, at 3pm, the defendant took a piece of burnt wood and struck the victim once in the mouth and caused the victim to suffer pain and swelling to his mouth. As a result of these acts the victim was treated at the Laga Medical Centre.
The public prosecutor alleged that the defendant violated Article 145 of the Penal Code on simple offences against physical integrity that carries a maximum penalty of three years in prison or a fine as well as Article 2, 3, 35 and 36 of the Law Against Domestic Violence.
Presentation of evidence
During the trial the defendant chose to remain silent, however the victim confirmed all of the facts in the indictment, but the victim also stated that she has reconciled with the defendant.
Final recommendations
The public prosecutor believed that the defendant was guilty of committing the crime against the victim and therefore he asked for the court to sentence the defendant to 1 year in prison, suspended for 3 years.
The defence stated that during the examination of evidence the defendant chose to remain silent, but the victim maintained all of the facts set out in the indictment. Therefore he requested for the court to apply a suspended sentence to prevent the defendant from committing such acts in the future.
Decision
After evaluating the facts that were proven during the trial, the court concluded the matter and sentenced the defendant to 1 year in prison, suspended for 2 year.
16. Simple offences against physical integrity characterized as domestic violence
Case No. : 0020/14. BCBCV
Composition of the Court : Single Judge
Judge : José Gonsalves
Prosecutor : Domingos Goveia Barreto
Public Defender : Sidonio M. Sarmento
Type of Penalty : Fine
On 26 February 2018 the Baucau District Court announced its decision in a case of simple offences against physical integrity characterised as domestic violence involving the defendant CM who allegedly committed the offence against his wife in Viqueque District.
Charges of the Public Prosecutor
The public prosecutor alleged that on 11 May 2017, at 9am, the defendant took a piece of wood one metre in length and struck the victim once on her left shoulder.
The public prosecutor alleged that the defendant violated Article 145 of the Penal Code on simple offences against physical integrity that carries a maximum penalty of three years in prison or a fine as well as Article 2, 3, 35 and 36 of the Law Against Domestic Violence.
Presentation of evidence
During the trial the defendant confessed all of the facts set out in the indictment, the defendant has reconciled with victim, was a first time offender and stated that he regretted his actions. In addition, the victim maintained and confirmed all of the facts set out in the indictment.
Final recommendations
The public prosecutor stated that the defendant was guilty of committing the crime against the victim based on the confession of the defendant and the statement of the victim. For this reason he requested for the court to impose a apply prison sentence of 6 months, suspended for 1 year.
The public defender requested for the court to impose a fair penalty against the defendant because the defendant confessed all the facts before the court, regretted his actions and has reconciled with the victim.
Decision
The court concluded this matter and ordered the defendant to pay a fine of US$ 90 to be paid in daily instalments of $1.00 for 90 days. The court also imposed an alternative penalty of 60 days in prison if the defendant does not pay this fine.
17. Simple offences against physical integrity
Case No. : 0051/17. PCSIC
Composition of the Court : Single Judge
Judge : Jose Quintão
Prosecutor : Gustavo Agostu da Silva Morreira
Public Defender : Jose M. Guterres
Type of Penalty : 2 years in prison, suspended for 3 years
On 27 February 2018 the Baucau District Court conducted a hearing to announce its decision in a case of simple offences against physical integrity involving the defendant Antonio Francisco de Jesus Soares and the victim Eugenio Egas Moniz (member of F-FDTL), in Iliheu Village, Manatuto Sub-District, Manatuto District.
Charges of the Public Prosecutor
The public prosecutor alleged that on 16 August 2017, at 4am, the victim was attending his cousin's marriage, and without a clear reason the defendant approached the victim and punched him once in the nose and punched the victim many times on the side of his head and the victim fell to the ground and suffered heavy bleeding.
The public prosecutor alleged that the defendant violated Article 145 of the Penal Code on simple offences against physical integrity that carries a maximum penalty of three years in prison or a fine.
Presentation of evidence
During the trial the defendant confessed all of the facts in the indictment, the defendant also stated that when the incident occurred the defendant was very drunk and didn't know what he was doing. The defendant also stated that after the incident he tried to reconcile with the victim, but the victim did not want to. The defendant also stated that he regretted his actions and was a first time offender. The victim maintained the facts set out in the indictment of the public prosecutor.
Final recommendations
The public prosecutor believed that the defendant was guilty of committing the crime against the victim and therefore he asked for the court to sentence the defendant to 1 year in prison, suspended for 2 years.
The public defender requested for the court to impose a fair penalty against the defendant because the defendant confessed, regretted his actions and was a first time offender. The defendant also stated that after the incident he tried to reconcile with the victim, but the victim did not want to.
Decision
After evaluating the facts that were produced during the trial, the court concluded the matter and sentenced the defendant to 2 years in prison, suspended for 3 years and ordered him to pay court costs of US$ 20.
18. Simple offences against physical integrity characterized as domestic violence
Case No. : 0011/17. BCPVN
Composition of the Court : Single Judge
Judge : Afonso Carmona
Prosecutor : Domingos Goveia Barreto
Public Defender : Sidonio M. Sarmento
Type of Penalty : 6 months in prison, suspended for 1 year
On 27 February 2018 the Baucau District Court announced its decision in a case of simple offences against physical integrity characterised as domestic violence involving the defendant JC who allegedly committed the offence against his wife in Baucau District.
Charges of the Public Prosecutor
The public prosecutor alleged that on 21 September 2017 at 7am the defendant punched the victim once in the back and kicked her once on her hip. The defendant then took a food cover and struck the victim once on her right arm and threw a stone at the victim's right foot. As a result of these acts the victim was treated at the Venilale Medical Centre.
The public prosecutor alleged that the defendant violated Article 145 of the Penal Code on simple offences against physical integrity that carries a maximum penalty of three years in prison or a fine as well as Article 2, 3, 35 and 36 of the Law Against Domestic Violence.
Presentation of evidence
During the trial the defendant confessed all of the facts set out in the indictment, expressed remorse for his actions and was a first time offender. The victim maintained the facts set out in the indictment of the public prosecutor.
Final recommendations
The public prosecutor stated that the defendant was guilty of committing the crime against the victim based on the confession of the defendant and the statement of the victim. For this reason he requested for the court to impose a apply prison sentence of 8 months, suspended for 1 year and 6 months.
The public defender requested for the court to impose a lenient penalty against the defendant because the defendant confessed, regretted his actions and is a first time offender.
Decision
After evaluating the facts that were proven during the trial, the court concluded the matter and sentenced the defendant to six months in prison, suspended for 1 year, and ordered him to pay court costs of US$ 10.
19. Crime of mistreatment of a spouse
Case No. : 0008⁄17.BCSIC
Composition of the Court : Panel
Judges : Jose Escurial
Jose Gonsalves
Hugo da Cruz Pui
Prosecutor : Luis Hernanio Rangel da Cruz
Defence : Mujariah (Private Lawyer)
Type of Penalty : 2 years in prison, suspended for 2 years
On 27 February 2018 the Baucau District Court conducted a hearing to announce its decision in a case of maltreatment against a spouse involving the defendant FPG who allegedly committed the offence against his wife in Baucau District.
Charges of the Public Prosecutor
The public prosecutor alleged that on 11 February 2017, at 4am, the defendant choked the victim, threw the victim on the ground and took a vegetable knife and threatened the victim. In 2015 the defendant punched the victim many times on the back and during previous incidents beat the victim. As a result of these acts the victim felt afraid and never free from the defendant.
The public prosecutor alleged that the defendant violated Article 154 of the Penal Code on the mistreatment of a spouse that carries a prison sentence of 2 - 6 years in prison as well as Articles 2, 3, 35 and 36 of the Law Against Domestic Violence.
Presentation of evidence
During the trial the defendant confessed all of the facts set out in the indictment, the defendant also stated that he regretted his actions, was a first time offender, and promised not to commit any more crimes against the victim in the future. The victim maintained all of the facts set out in the indictment.
Final recommendations
The public prosecutor stated that all of the facts had been proven based on the confession of the defendant and the testimony of the victim. For this reason he requested for the court to impose a apply prison sentence of 2 years, suspended for 3 years.
The public defender stated that the defendant confessed all of the facts set out in the indictment, regretted his actions and was a first time offender. Therefore he requested for the court to impose a lenient penalty against the defendant.
Decision
After evaluating the facts that were proven during the trial, the court concluded the matter and sentenced the defendant to 2 years in prison, suspended for 2 years and ordered him to pay court costs of US$ 20.
20. Crime of simple offences against physical integrity characterized as domestic violence
Case No. : 0018/17.VQOSU
Composition of the Court : Single Judge
Judge : Antonio Fonseca
Prosecutor : Gustavo Agostu da Silva Morreira
Public Defender : Sidonio M. Sarmento
Type of Penalty : 3 months imprisonment, suspended for 1 year and 6 months
On 27 February 2018 the Baucau District Court announced its decision in a case of simple offences against physical integrity characterised as domestic violence involving the defendant EM who allegedly committed the offence against his wife in Viqueque District.
Charges of the Public Prosecutor
The public prosecutor alleged that on 5 August 2017 at 10.30am the defendant punched the victim four times in the back and punched the victim five times in the forehead. The defendant then punched the victim in the head, kicked the victim four times in the thigh and kicked the victim four times in the back.
The public prosecutor alleged that the defendant violated Article 145 of the Penal Code on simple offences against physical integrity that carries a maximum penalty of three years in prison or a fine as well as Articles 2, 3 and 35 of the Law Against Domestic Violence.
Presentation of evidence
During the trial the defendant confessed all of the facts set out in the indictment and stated that he regretted his actions, and promised not to reoffend in the future against the victim. The victim told the court that the facts in the indictment were all true.
Final recommendations
The public prosecutor stated that the defendant was guilty of committing the crime against the victim based on the confession of the defendant and the statement of the victim. To deter the defendant from committing such crimes against the victim in the future, the public prosecutor requested for the court to sentence the defendant to 1 year in prison, suspended for 2 years.
The public defender requested for the court to apply a lenient punishment against the defendant, because the defendant confessed, regretted his actions and promised not to reoffend against the victim.
Decision
After evaluating the facts that were proven during the trial, the court concluded the matter and sentenced the defendant to 3 months in prison, suspended for 1 year and 6 months.
21. Crime of simple offences against physical integrity characterized as domestic violence
Case No. : 0022⁄16.VQWTL
Composition of the Court : Single Judge
Judge : Jose Quintão
Prosecutor : Gustavo Agostu da Silva Morreira
Public Defender : Jose Maria Guterres
Type of Penalty : Fine
On 27 February 2018 the Baucau District Court announced its decision in a case of simple offences against physical integrity characterised as domestic violence involving the defendant OA who allegedly committed the offence against his wife in Baucau District.
Charges of the Public Prosecutor
The public prosecutor alleged that on 28 December 2016, at 8pm, the defendant punched the victim twice in the head and caused the victim to suffer pain to her head.
The public prosecutor alleged that the defendant violated Article 145 of the Penal Code on simple offences against physical integrity that carries a maximum penalty of three years in prison or a fine as well as Articles 2, 3, 35 and 36 of the Law Against Domestic Violence.
Presentation of evidence
During the trial the defendant confessed all of the facts set out in the indictment, the defendant was a first time offender, regretted his actions and has reconciled with the victim. In addition, the victim maintained and confirmed all of the facts set out in the indictment.
Final recommendations
The public prosecutor stated that the defendant was guilty of committing the crime against the victim based on the confession of the defendant and the statement of the victim. For this reason he requested for the court to impose a apply prison sentence of 1 year against the defendant, suspended for 1 year and 6 months.
The public defender stated that the defendant confessed all of the facts set out in the indictment, regretted his actions and was a first time offender. Therefore he requested for the court to impose a lenient penalty against the defendant.
Decision
The court concluded this matter and ordered the defendant to pay a fine of US$ 15 to be paid in daily instalments of 50 cents for 30 days. The court also imposed an alternative penalty of 20 days in prison if the defendant does not pay this fine.
22. Crime of illegal gambling
Case No. : 0014∕16.MNMNT
Composition of the Court : Single Judge
Judge : Antonio Fonseca
Prosecutor : Luis Hernani Rangel
Public Defender : Gregorio Jose de Lima
Type of Penalty : Fine
On 27 February 2018 the Baucau District Court conducted a hearing to announce its decision for the crime of illegal gambling involving the defendants Jose Antonio Soares, Domingos Ruas da silva and Gaspar Romaldo Ximenes who allegedly committed the crime against the State of Timor-Leste, in Ailili Village, Manatuto Sub-District, Manatuto District.
Charges of the Public Prosecutor
The public prosecutor alleged that on 9 March 2016, the police conducted an operation against illegal gambling (lotteries) and seized five packets of white coupons that the defendants Jose Antonio Soares and Domingos da Silva were selling at the Manatuto market. Meanwhile, the defendant Gaspar Romaldo used his own initiative to hand in white coupons (lottery coupons) to the Manatuto Police Station.
The public prosecutor alleged that the defendant violated Article 322.1 of the Penal Code on illegal gambling that carries a maximum penalty of 3 years in prison or a fine.
Presentation of evidence
During the trial the defendants confessed all of the facts set out in the indictment, the defendants also stated that they regretted their actions, were first time offenders, and promised not to commit any more crimes in the future.
Final recommendations
The public prosecutor found the defendants guilty of committing the crime of illegal gambling. Therefore, to deter the defendant from committing any further crimes in the future, the public prosecutor requested for the court to order the defendants to pay a fine.
The public defender stated that the defendants confessed all of the facts set out in the indictment, were first time offenders and regretted their actions. Therefore he requested for the court to impose a fair penalty against the defendants.
Decision
The Court concluded the matter and ordered the defendant Jose Antonio Soares to pay a fine of US$ 30.00 in the form of daily instalments of US$1.00 for 30 days. The defendant Domingos Ruas da Silva was ordered by the court to pay a fine of US$60, to be paid in daily instalments of US$2.00 for 30 days.
The defendant Gaspar Romaldo was ordered by the court to pay a fine of US$ 75 to be paid in daily instalments of US$ 2.50 for 30 days as well as court costs of US$ 10. The court also imposed an alternative penalty of 20 days in prison if the defendants do not pay their fines.
23. Crime of simple offences against physical integrity
Case No. : 0011/17. BCLGA
Composition of the Court : Single Judge
Judge : Antonio Fonseca
Prosecutor : Gustavo Agostu da Silva Morreira
Public Defender : Jose Maria Guterres
Type of Penalty : Validating withdrawal of complaint
On 28 February 2018 the Baucau District Court attempted conciliation in a case of simple offences against physical integrity involving the defendant Alberto da Silva who allegedly committed the offence against the victim Domingos da Costa, in Nunira Village, Laga Sub-District, Baucau District.
Charges of the Public Prosecutor
The public prosecutor alleged that on 19 June 2017, at 5pm, the victim went to bathe at a well and saw the defendant cutting crops belonging to the victim. When the victim went into the plantation, the defendant shouted and chased the victim away, and the defendant also threw a rock that struck the victim's side and caused the victim to fall to the ground and caused an injury to the victim's forehead.
The public prosecutor alleged that the defendant violated Article 145 of the Penal Code on simple offences against physical integrity that carries a maximum penalty of three years in prison or a fine.
Presentation of evidence
Before progressing to the presentation of evidence, pursuant to Article 262 of the Criminal Procedure Code on attempted conciliation, the judge may seek to reach conciliation between the defendant and victim.
During this attempted conciliation the defendant apologised to the victim and stated that he regretted his actions. The defendant also stated that that he was willing to give one horse to the victim, because the defendant and the victim are related. The victim agreed and requested for the court to withdraw the complaint against the defendant.
Final recommendations
The prosecution and defence accepted the amicable agreement between the two parties and requested for the court to settle this process.
Decision
Based on the request of the victim to withdraw the case and the amicable agreement between the parties, the court decided to validate the settlement.
For more information, please contact:
Luis de Oliveira Sampaio
Executive Director of JSMP
Email: luis@jsmp.tl
info@jsmp.tl
[1] The trial was conducted in a certain way to adjust to the victim's age, namely the judges, prosecutors and defence lawyers did not wear formal attire. At the time of the trial the victim was aged 8.
[2] During the examination of evidence the defendant stated that he was suffering from tuberculosis, so the court did not verify, or the legal representative of the defendant did not manage to ask the court to verify, the statement of the defendant with the Baucau Referral Hospital, as the defendant said he was receiving treatment there for his illness.
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