17 August 2018

Suai District Court hears cases of smuggling, aggravated & attempted rape, sexual exhibitionism & assaults including domestic violence


The following summary is based upon the JSMP Report that may be found on the JSMP web site.

1. Crime of smuggling Case No: 0004/17.BBBGD
On 3 May 2018 the Suai District Court announced its ruling in a case of smuggling involving the defendant Rosa Martins who allegedly committed the offence against the State of Timor-Leste, in Batugade Village, Bakibi Sub-District, Bobonaro District.
Type of Penalty: Acquitted
Decision After evaluating the facts produced during the trial, the court acquitted the defendant from the charges of the prosecutor because the defendant had not been proven guilty of committing the crime of smuggling. In addition, the court decided to give back US$600 of kerosene money to the defendant.

2.  Crime of aggravated rape Case No: 0064/17.PDSUA
Type of Penalty: Acquitted
On 3 May 2018 the Suai District Court conducted a hearing to announce its decision in a case of rape involving the defendant JM who allegedly committed the offence against the victim, his neighbour, in Covalima District.
Decision After evaluating the facts produced during the trial the court decided that the defendant was not guilty of committing rape against the victim because the sexual intercourse between the defendant and victim was based on consent.

3. Crime of sexual exhibitionism Case No : 0029/17.CVMCT
Type of Penalty: 1 year in prison, suspended for 2 years
On 15 May 2018 the Suai District Court announced its decision for the crime of sexual exhibitionism involving the defendant MSP and the victim BPA in Covalima District.
Decision After evaluating the facts the court gave more weight to the victim's statement and proof that the defendant committed the crime according to the facts set out in the indictment. Based on this evidence, the court concluded the matter and sentenced the defendant to 1 year in prison, suspended for 2 years, and ordered him to pay court costs of US$25.

4. Crime of simple offences against physical integrity Case No: 0092/17.CVSUI
Type of Penalty: Validating withdrawal of complaint
On 15 March 2018 the Suai District Court attempted conciliation in a case of simple offences against physical integrity involving the defendant Agustinho Gusmão who allegedly committed the crime against the victim Aleixo de Araujo in Covalima District.
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.
5.  Crime of simple offences against physical integrity Case No: 0024/17.CVMCT
Type of Penalty: Validating withdrawal of complaint
On 16 May 2018 the Suai District Court presided over a hearing to attempt conciliation in a case of simple offences against physical integrity involving the defendant Armandina Cardoso, the defendant Maria Cardoso, the defendant Aleixo do Carmo and the victim Carlota Cardoso who was their older sister and the sister in law of the defendant Armando, which allegedly occurred in Maukatar Sub-District, Covalima District.
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.

6.  Crime of simple offences against physical integrity characterized as domestic violence Case No: 0071/17.CVSUI
Type of penalty: 6 months in prison, suspended for 1 year
On 17 May 2018 the Suai District Court announced its decision in a case of simple offences against physical integrity characterised as domestic violence involving the defendant LPA who allegedly committed the offence against his wife in Covalima District.
Decision After evaluating all of the facts the court found the defendant guilty of committing the crime based on the facts set out in the indictment. Based on 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.

7. Crime of simple offences against physical integrity characterized as domestic violence Case No: 0043/16.CVSUI
Type of penalty: 1 month in prison, suspended for 1 year
On 17 May 2018 the Suai District Court announced its decision in a case of simple offences against physical integrity characterised as domestic violence involving the defendant JdS who allegedly committed the offence against his wife in Covalima District.
Decision After evaluating all of the facts the court found the defendant guilty of committing the crime against the victim based on the facts set out in the indictment. Based on this evidence the court sentenced the defendant to 1 month in prison suspended for 1 year and ordered him to pay court costs of US$ 25.00.

8. Crime of simple offences against physical integrity characterized as domestic violence Case No: 0080/17.CVSUI
Type of penalty: 1 year in prison, suspended for 1 year
On 17 May 2018 the Suai District Court announced its decision in a case of simple offences against physical integrity characterised as domestic violence involving the defendant LdS who allegedly committed the offence against his daughter (ASG) and wife (AS) in Covalima District.
Decision After evaluating the facts that were proven during the trial, the court concluded the matter and sentenced the defendant to 1 year and six months in prison, suspended for 1 year and ordered him to pay court costs of US$ 25.

9.      Crime of simple offences against physical integrity Case No: 0001/16.CVMCT
Type of Penalty: Validating withdrawal of complaint
On 17 May 2018 the Suai District Court attempted conciliation in a case of simple offences against physical integrity involving the defendants Castro Almeida, Antonio Gusmão and Augstinho Gusmão Barros who allegedly committed the offence against the victim Januario Maia in Maukatar Sub-District, Covalima District.
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.

10.  Crime of failure to fulfil an obligation to provide food assistance Case No : 0018/17.PDSUA
Type of Penalty: Withdrawal of complaint
On 22 May 2018 the Suai District Court announced its ruling in a case of failure to fulfil an obligation to provide food assistance involving the defendant MG who allegedly committed the offence against his wife and child in Covalima District.
Decision Based on the agreement made by the parties and the victim's request to withdraw the complaint the court validated the settlement on the condition that the defendant must keep his promise in accordance with the agreement made by the two parties before the court.

11.  Crime of attempted rape Case No: 0032/17.PDSUA
Type of Penalty: 3 years in prison, suspended for 5 years
On 29 May 2018 the Suai District Court conducted a hearing to announce its decision in a case of rape involving the defendant AG who allegedly committed the offence against the victim MCA, his neighbour, in Covalima District.
Decision After evaluating the facts produced during the trial, the court found the defendant guilty of committing the crime based on the facts set out in the indictment. Based on the evidence the court concluded this matter and sentenced the defendant to three years in prison, suspended for five years, and also ordered the defendant to pay court costs of US$25.00. ETLJB -ENDS-

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