12 April 2013

Dili District Court conducts hearing involving the crime of an ordinary offence against physical integrity against a minor

ETLJB 12 April 2013 - The Judicial System Monitoring Program has released the English translation of its report on a case involving an assault of a minor. The text of the translation folllows.

On 10 April 2013 the Dili District Court conducted a hearing in a case involving the crime of an simple offence against physical integrity against a minor who was the nephew of the defendant.

The public prosecutor alleged that on 16 October 2010 the defendant slapped the victim, choked him and threw him on the ground and stomped on the victim’s hand and tore the flesh. The public prosecutor stated that the defendant committed the aforementioned acts because the victim told his parents that the defendant had verbally abused the victim’s parents.

“JSMP notes that violence against minors is a serious problem in Timor-Leste and the judicial authorities need to prioritize cases involving child victims” said the Executive Director of JSMP, Luis de Oliveira Sampaio.

The public prosecutor charged the defendant with Article 145 of the Penal Code regarding the crime of a simple offence against physical integrity.

During the hearing the defendant admitted that he struck the victim once on the cheek because he was afraid that the victim would run 10 meters away and fall over. The victim stated that the defendant slapped him on the cheek and he fell to the ground, then the defendant stood on the victim’s thumb and tore the flesh and caused bleeding. One witness stated that he did not see the incident, however he found out when the victim ran to his house with an injured hand.

In their final recommendations the public prosecutor and public defender requested for the court to hand down a fair punishment against the defendant proportional to the crime committed.

The case was registered with the court as Case No. 2425/2010/TDD. Judge Edite Palmira presided over the aforementioned hearing while HipĆ³lito Santa represented the Office of the Public Prosecutor, and the defendant was represented by Olga Barreto from the Office of the Public Defender. The court clerk was Valente Filipe.

The court will announce its decision on 18 April 2013 at 3pm.  Source: JSMP Press Release 10 April 2013Edited by Warren L. Wright

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