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14/8/2015 JSMP Case Summary Oe-Cusse District Court May 2015
Introduction
In May 2015 JSMP continued to monitor trials at the Oecusse District Court. This edition summarizes 33 of the 42 cases tried by the Oecusse District Court. JSMP was not able to monitor all of the cases because of other institutional commitments.
These 33 cases comprised 19 cases of simple offences against physical integrity characterized as domestic violence, 1 case of aggravated attempted murder characterized as domestic violence, 1 case of sexual abuse of a minor, 1 case of mistreatment of a spouse, 1 case of making threats and simple offences against physical integrity, 4 cases of simple offences against physical integrity, 5 cases of driving without a license and 1 case of property damage.
From these 33 cases, 30 have been resolved and 3 other cases are ongoing.
The information below outlines the cases observed:
1. Crime of sexual abuse of a minor - Case No. 16/krime/2015/TDO[1]
Composition of judges : Panel
Judges : João Ribeiro, Jumiaty Freitas and Fransisca Cabral
Public prosecutor : Ambrosio Rangel Freitas
Public Defender : Afonso Gomes Fatima
Conclusion : Sentenced to 20 years in prison
On 7 May 2015 the Oecusse District Court sentenced the defendant in a case of incest to 20 years in prison after he was found guilty of committing the crime against his step-daughter who was aged 13 when the incidents occurred in 2013 and 2014 in Oecusse District.
The court found that the defendant committed sexual abuse against the victim in 2010, 2013 and 2014. These acts caused the victim to become pregnant and she gave birth.
Based on the evidence the court sentenced the defendant to 9 years in prison for the first count and 7 years for the other counts. In the end, the court accumulated the penalty and sentenced the defendant to 20 years in prison.
2. Crime of mistreatment of a spouse - Case No. 15/krime/2015/TDO
Composition of judges : Panel
Judges : João Ribeiro, Jumiaty Freitas and Fransisca Cabral
Public prosecutor : Ambrosio Rangel Freitas
Public Defender : Calisto Tout
Conclusion : Sentenced to 3 years in prison, suspended for 4 years.
On 7 May 2015 the Oecusse District Court conducted a hearing to announce its decision and sentenced the defendant AN to 3 years in prison, suspended for 4 years after he was found guilty of committing the crime of mistreatment of a spouse. The incidents occurred in 2014 and previous years in Oecusse District.
The court found that on 10 September 2014 the defendant punched the victim three times in the head, dragged her to the ground and slapped the left cheek of the victim.
The court also found that previously, on an unspecified evening in 2012, the defendant slapped the victim once on her left cheek. Then on an unspecified date around 2013 the defendant twice slapped the victim on her left cheek and then in April 2014, the defendant slapped her on the right cheek.
Based on this evidence, the court sentenced the defendant AN to 3 years in prison, suspended for 4 years.
3.Crime of making threats and simple offences against physical integrity – Case No. 46/krime/2015/TDO
Composition of judges : Single
Judge : João Ribeiro
Public prosecutor : Ambrosio Rangel Freitas
Public Defender : Calisto Tout
Conclusion : Settlement was validated
On 8 May 2015 the Oecusse District Court conducted a hearing to attempt conciliation in a case of making threats and simple offences against physical integrity involving the defendant UdS who allegedly committed the crimes against EdC, in January 2015, in Pante-Makassar, Oecusse.
The public prosecutor charged the defendant for violating Article 157 of the Penal Code on making threats and Article 145 of the Penal Code regarding simple offences against physical integrity.
During the attempted conciliation the defendant admitted his guilt and apologized to the victims. Because they are related and work in the same location, the victim decided to withdraw his complaint.
Based on the request to have the case withdrawn, the court validated the settlement in this case and acquitted the defendant from the charges of the public prosecutor.
4. Crime of simple offences against physical integrity characterized as domestic violence – Case No. 60/krime/2015/TDO
Composition of judges : Single
Judge : João Ribeiro
Public Prosecutor : Ambrosio Rangel Freitas
Public Defender : Afonso Gomes Fatima
Conclusion : Sentenced to 9 months in prison, suspended for 1 year.
On 11 May 2015 the Oecusse District Court conducted a hearing to announce its decision and sentenced the defendant MCS to 9 years in prison, suspended for 1 year after he was found guilty of committing maltreatment against his wife, on 16 January 2015 in Oecusse District.
The court proved that on 16 January 2015, at approximately 4pm, the defendant kicked the victim twice in the forehead and once above her left eye because they argued about customary law. These acts caused the victim to suffer an injury around the eye and swelling to her forehead.
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 (b) of the Law Against Domestic Violence.
During the trial, previously on 7 May 2015, the defendant admitted all of the facts, regretted his actions and testified that they have reconciled.
In his final recommendations the public prosecutor requested for the court to sentence the defendant to 1 year in prison, to be suspended for 1 year and 6 months.
The public defender requested for the court to issue an admonishment because the defendant admitted all of the facts, regretted his actions, cooperated with the court, was a first time offender and has reconciled with the victim.
Based on this evidence, the court sentenced the defendant to 9 months in prison, suspended for 1 year.
5. Crime of simple offences against physical integrity characterized as domestic violence – Case No. 65/krime/2015/TDO
Composition of judges : Single
Judge : João Ribeiro
Public prosecutor : Ambrosio Rangel Freitas
Public Defender : Calisto Tout
Conclusion : Sentenced to 2 years in prison, suspended for 3 years.
On 11 May 2015 the Oecusse District Court conducted a trial in a case of simple offences against physical integrity and making threats involving the defendant DFN who allegedly committed the crimes against MA, his uncle, and RA, his wife, on 12 January 2015, in Oecusse District.
The public prosecutor charged the defendant for violating Article 145 of the Penal Code on simple offences against physical integrity Article 157 of the Penal Code on making threats.
In the aforementioned trial, the court attempted conciliation in the case of making threats because it is a semi-public crime.
During the attempted conciliation the defendant admitted his guilt and apologized to the victims. The two victims forgave the defendant and they wanted to withdraw the case.
The public prosecutor and public defender agreed to this positive initiative. Finally, based on the request to withdraw the case, the court validated the process and decided to acquit the defendant from the crime of making threats as charged by the public prosecutor.
After validating this process the court then proceeded to try the crime of committing maltreatment against his wife.
During the trial the defendant confirmed that he committed the crime, and testified that he regretted his actions and that he has reconciled with the victim.
In his final recommendations, the public prosecutor requested for the court to sentence the defendant to 2 years in prison suspended for 3 years to deter the commission of such crimes in Oecusse. In addition, the defendant had previously committed maltreatment against the victim and received a suspended jail sentence and his probationary period had expired.
On the other hand, the public defender requested for the court to impose a proper sentence in accordance with the wrongdoing of the defendant however with consideration to the mitigating circumstances relating to this process.
On 18 May 2015 the court concluded this matter and sentenced the defendant to 2 years in prison, suspended for 3 years.
6. Crime of simple offences against physical integrity characterized as domestic violence – Case No. 63/krime/2015/TDO
Composition of judges : Single
Judge : João Ribeiro
Public prosecutor : Ambrosio Rangel Freitas
Public Defender : Calisto Tout
Conclusion : Sentenced to 9 months in prison, suspended for 1 year.
On 11 May 2015 the Oecusse District Court conducted a hearing to announce its decision in a case of simple offences against physical integrity allegedly committed by the defendant MB against his wife, on 23 December 2014, in Oecusse District.
The court found that on 23 December 2014, at approximately 4pm, the defendant slapped the victim once on her right cheek, twice on the back of her neck and kicked her once on her left thigh. This case allegedly occurred because of a difference of opinion when they were arguing with each other.
The public prosecutor charged the defendant for violating Article 145 of the Penal Code regarding simple offences against physical integrity, as well as Article 35 (b) of the Law Against Domestic Violence.
Based on the aforementioned facts, the court handed down a sentence of 9 months in prison, suspended for 1 year.
7. Crime of simple offences against physical integrity - Case No. 68/krime/2015/TDO
Composition of judges : Single
Judge : João Ribeiro
Public prosecutor : Ambrosio Rangel Freitas
Public Defender : Afonso Gomes Fatima
Conclusion : Sentenced to 3 months in prison, suspended for 6 months.
On 11 May 2015 the Oecusse District Court conducted a hearing in a case of simple offences against physical integrity involving the defendant IN who allegedly committed the offence against MS on 16 November 2014 in Passabe, Oecusse District.
The public prosecutor alleged that on 16 November 2014, at approximately 3pm, the defendant went to the plantation of the victim and verbally abused the victim and said that the victim was ugly, a monkey, pig and dog. Therefore, the victim verbally abused the defendant by saying that the defendant is ugly, a monkey, pig, dog and prostitute. Then the defendant threw a stone and it struck the victim on the back and caused the victim to suffer swelling on the back. The case file included a medical report and photos from the hospital.
The public prosecutor charged the defendant for violating Article 145 of the Penal Code regarding simple offences against physical integrity.
The court attempted conciliation for the two parties however the victim maintained the complaint and wanted to pursue this case, so the court continued with the trial of this matter.
During the trial the defendant admitted the facts listed in the prosecutor’s indictment and expressed regret and promised not to repeat these actions in the future.
In his final recommendations the public prosecutor requested for the court to sentence the defendant to 6 years in prison, suspended for 1 year.
Meanwhile, the public defender requested for the court to issue an admonishment against the defendant however if the court decides otherwise, then he requested for the court to uphold justice and to consider the mitigating circumstances and aggravating circumstances for the defendant.
After hearing the final recommendations of the parties, the court concluded this matter and sentenced the defendant to 3 months in prison, suspended for 6 months.
8. Crime of property damage - Case No. 66/krime/2015/TDO
Composition of judges : Single
Judge : João Ribeiro
Public prosecutor : Ambrosio Rangel Freitas
Public Defender : Calisto Tout
Conclusion : Settlement was validated
On 11 May 2015 the Oecusse District Court conducted a hearing to attempt conciliation in a case of property damage involving the defendants PT and JT who allegedly committed the crime against CT, in Oe-silo, Oecusse District.
The public prosecutor alleged that on 28 December 2014, at approximately 3pm, the defendants went and broke into the victim’s house which caused the wall of the house to collapse and suffer damage.
The public prosecutor charged the defendants for violating Article 258 of the Penal Code on property damage.
During the hearing the defendants admitted their actions and apologized to the victim. On the other hand, the victim forgave the defendants because they are related and therefore the victim wanted to withdraw the case.
The public prosecutor and public defender agreed to the initiative of the two parties to withdraw the case.
Based on the request to have the case withdrawn, the court validated the settlement in this case and acquitted the defendant from the charges of the public prosecutor.
9. Crime of driving without a license - Case No. 17/sum/2015/TDO
Composition of judges : Single
Judge : Joao Ribeiro
Public prosecutor : Ambrosio Rangel Freitas
Public Defender : Afonso Gomes Fatima
Conclusion : Ordered to pay a fine of US$ 75.00.
On 11 May 2015 the Oecusse District Court tried a case of driving without a license involving the defendants Estevão Tani and Jose Coa, which occurred on 8 May 2015, in Pante-Makassar, Oecusse District.
The public prosecutor alleged that on 08 May 2015 the Oecusse District Traffic Police Unit arrested the defendants because they were driving trucks bearing the number plates of 512612-TL and 500012 respectively without a license and they were placed in the police cells.
The public prosecutor charged the defendant for violating Article 207 of the Penal Code on driving without a license.
During the trial, the defendants confirmed that they were driving without a license because they have been driving for approximately 2 or 3 months and they regretted their actions.
The public prosecutor requested for the court not to hear the testimony of the witness because the defendants admitted the acts that were described in the indictment.
In his final recommendations the public prosecutor requested for the court to order the defendant to a fine of US$ 75 to be paid in daily instalments of $1.00 for 75 days.
On the other hand, the public defender considered that the defendants admitted all of the facts and based on the mitigating and aggravating circumstances of the defendants, he requested for the court to impose a suitable penalty proportional to the wrongdoing of the defendants.
After evaluating the facts found during the trial, the court ordered each of the defendants to pay a fine of US$75, in daily instalments of US$1.00 for 75 days. The court also stipulated an alternative punishment of 50 days jail if the defendants do not pay the aforementioned fine.
10. Crime of driving without a license - Case No. 18/sum/2015/TDO
Composition of judges : Single
Judge : Joao Ribeiro
Public prosecutor : Ambrosio Rangel Freitas
Public Defender : Afonso Gomes Fatima
Conclusion : Ordered to pay a fine of US$ 75.00.
On 11 May 2015 the Oecusse District Court tried another case of driving without a license involving the defendant Agustino Ulan, which allegedly occurred on 08 May 2015, in Pante-Makassar, Oecusse District.
The public prosecutor alleged that on 08 May 2015, the Traffic Unit of the PNTL conducted an inspection and detained the vehicle of the defendant and placed the defendant in the police cells for driving without a license.
The public prosecutor charged the defendant for violating Article 207 of the Penal Code on driving without a license.
During the trial, the defendant admitted his actions and testified that he regretted his actions and stated that he had only been driving a car for 2 months.
The public prosecutor requested for the court not to hear the testimony of the witness because the defendant admitted all of the facts that were described in the indictment.
In his final recommendations the public prosecutor requested for the court to sentence the defendant to a fine of US$ 75 to be paid in daily instalments of $1.00 for 75 days. The public defender requested for the court to impose a suitable penalty in accordance with the actions of the defendant and the mitigating and aggravating circumstances in this case.
The court concluded this case and ordered the defendant to pay a fine of US$75.00 to be paid in daily instalments of US$1.00 for 75 days and stipulated an alternative penalty of 50 days in prison if the defendant does not pay this fine.
11. Crime of simple offences against physical integrity characterized as domestic violence – Case No. 44/krime/2015/TDO
Composition of judges : Single
Judge : João Ribeiro
Public prosecutor : Ambrosio Rangel Freitas
Public Defender : Afonso Gomes Fatima
Conclusion : Acquitted
On 12 May 2015 the Oecusse District Court conducted a hearing to announce its decision in a crime of simple offences against physical integrity involving the defendant FC who allegedly committed the offence against her husband in December 2014 in Oecusse District.
The court found that on 24 December 2014, at approximately 10:00pm, the victim returned from praying and was intoxicated, and slapped the defendant once on the right cheek and choked the defendant. So, the defendant bit the victim on the hand and pushed him to the ground.
The public prosecutor charged the defendant for violating Article 145 of the Penal Code regarding simple offences against physical integrity, as well as Article 35 (b) of the Law Against Domestic Violence.
Pursuant to these facts, the court concluded this case and acquitted the defendant FC from the aforementioned criminal act because the court found that the defendant and the victim assaulted each other.
During a hearing that was held previously on 8 May 2015 the defendant admitted all of the facts to the court that when the victim pushed her head with force, the defendant grabbed his neck and bit him because she was provoked by the victim. The defendant also testified that they have reconciled and are living together as husband and wife.
12. Crime of simple offences against physical integrity characterized as domestic violence – Case No. 45/krime/2015/TDO
Composition of judges : Single
Judge : João Ribeiro
Public prosecutor : Ambrosio Rangel Freitas
Public Defender : Afonso Gomes Fatima
Conclusion : Sentenced to 9 months in prison, suspended for 1 year.
On 12 May 2015 the Oecusse District Court conducted a hearing to announce its decision in a crime of simple offences against physical integrity involving the defendant MTdS who allegedly committed the offence against his wife. This case allegedly occurred on 4 January 2015 in Oecusse District.
The court found that on 4 January 2015, at approximately 6pm, the defendant slapped her once on the right cheek and threw her to the ground which caused the victim to suffer pain to her body. This case occurred because the victim threw a phone on the ground.
Then on 55 January 2015, at approximately 8am, the defendant slapped the victim once on the back of her neck. This case allegedly occurred because the victim said that the defendant was lazy.
The public prosecutor charged the defendant for violating Article 145 of the Penal Code regarding simple offences against physical integrity, as well as Article 35 (b) of the Law Against Domestic Violence.
In a previous hearing (held on 8 May 2015 the defendant confessed and expressed regret and testified that after the incident they immediately reconciled.
In his final recommendations the public prosecutor requested for the court to sentence the defendant to 1 year in prison, to be suspended for 1 year and 6 months. The public defender requested for the court to issue an admonishment because the defendant admitted all of the facts, regretted his actions, cooperated with the court, and has reconciled with the victim.
Based on these facts, the court concluded the matter and sentenced the defendant to 6 months in prison for the crime that occurred on 4 January 2015.
Meanwhile, in relation to the act that occurred on 5 January 2015, the court sentenced the defendant to 7 months in prison. The court accumulated the two penalties and sentenced the defendant to 9 months in prison, suspended for 1 year.
13. Crime of simple offences against physical integrity - Case No. 48/krime/2015/TDO
Composition of judges : Single
Judge : João Ribeiro
Public prosecutor : Ambrosio Rangel Freitas
Public Defender : Calisto Tout
Conclusion : Settlement was validated
On 14 May 2015 the Oecusse District Court conducted a hearing to attempt conciliation in a case of simple offences against physical integrity involving the defendant JE who allegedly committed the offence against SS, on 12 December 2014, in Oecusse District.
The public prosecutor alleged that on 12 December 2014, at approximately 8am, the defendant kicked the victim on her right thigh and choked the victim. This case allegedly occurred because the victim went to the home of the defendant and asked for remaining US$53.00 that the defendant owed to the victim’s husband who had previously worked as a tradesman at the home of the defendant. The case file included a medical report and photos from the hospital.
The public prosecutor charged the defendant for violating Article 145 of the Penal Code regarding simple offences against physical integrity.
During the hearing the defendant admitted his guilt and apologized to the victim. The defendant then gave US$10.00 to the victim and the victim herself said that she wanted to withdraw the case.
Based on the request from the victim, the court validated the settlement in this case and acquitted the defendant from the charges of the public prosecutor.
14. Crime of simple offences against physical integrity - Case No. 50/krime/2015/TDO
Composition of judges : Single
Judge : João Ribeiro
Public prosecutor : Ambrosio Rangel Freitas
Public Defender : Afonso Gomes Fatima
Conclusion : Settlement was validated
On 14 May 2015 the Oecusse District Court conducted a hearing to attempt conciliation and validated an agreement in a case of ordinary maltreatment involving the defendant FdR who allegedly committed the offence against her younger brother. This case allegedly occurred on 1 January 2015 in Oecusse District.
The public prosecutor alleged that on 01 January 2015, at approximately 3pm, the victim came home and was drunk. When he saw the defendant sitting at his house, the victim verbally abused her and said that the defendant was a prostitute, who liked to gossip about others and invent stories. Therefore, the defendant became angry and grabbed the arm of the victim and dragged him outside and slapped him once on the cheek, punched him once on the back, kicked him repeatedly until the victim fell to the ground and stomped on the victim's side.
The public prosecutor charged the defendant for violating Article 145 of the Penal Code regarding simple offences against physical integrity.
During the attempted conciliation the defendant admitted her guilt and apologized to the victim. The victim forgave the defendant and wanted to withdraw the case because they are siblings.
Based on this request to withdraw the case, the court validated the settlement in this case and acquitted the defendant from the charges of the prosecutor.
15. Crime of driving without a license - Case No. 19/sum/2015/TDO
Composition of judges : Single
Judge : Joao Ribeiro
Public prosecutor : Ambrosio Rangel Freitas
Public Defender : Afonso Gomes Fatima
Conclusion : Ordered to pay a fine of US$ 150.00.
On 14 May 2015 the Oecusse District Court tried a case of driving without a license involving the defendant Daniel Nessi. This case allegedly occurred on 11 May 2015 in Pante Makassar, Oecusse District.
The public prosecutor alleged that on 11 May 2015, the Oecusse District Traffic Police Unit detained the vehicle of the defendant and put the defendant in the police cells because he was driving a truck with the number plate 53302 TL without a license.
The public prosecutor charged the defendant for violating Article 207 of the Penal Code on driving without a license.
During the trial, the defendant admitted his actions and testified that he had only been working as a driver for 6 months. The defendant also testified that previously he committed the crime of maltreatment and was fined by the court.
In his final recommendations the public prosecutor considered that the facts had been proven and requested for the court to impose a fine of US$ 120 to be paid in daily instalments of $1.00 for 120 days.
Meanwhile the public defender considered the regret of the defendant and his behavior during the trial, and therefore requested for the court to uphold justice in accordance with the wrongdoing of the defendant.
After hearing the final recommendations of the parties, the court sentenced the defendant to a fine of US$150.00 to be paid in daily instalments of US$1.00 for 150 days. The court also stipulated an alternative punishment of 90 days jail if the defendant does not pay the aforementioned fine.
16. Crime of simple offences against physical integrity characterized as domestic violence – Case No. 52/krime/2015/TDO
Composition of judges : Single
Judge : João Ribeiro
Public prosecutor : Ambrosio Rangel Freitas
Public Defender : Calisto Tout
Conclusion : Sentenced to 1 year 6 months in prison, suspended for 2 years.
On 15 May 2015 the Oecusse District Court conducted a hearing in a case of simple offences against physical integrity involving the defendant CO who allegedly committed the offence against his wife. This case allegedly occurred on 13 September 2014 in Oecusse District.
The public prosecutor alleged that on 13 September 2014, at approximately 8am, the defendant chased the victim from her house and the victim went and slept at the clinic for two weeks. This case allegedly occurred because the victim asked for money from the sale of fish but the defendant responded that the group had not divided up the money yet. Then the victim went and asked the defendant’s friend and he said that the money had already been divided up. The victim then asked the defendant again but the defendant became angry and sent the victim away.
On 19 September 2014, at approximately 08:00am, the defendant struck the victim multiple times with a piece of electrical cable because the victim did not give him any money to take care of a customary law issue. These acts caused the victim to suffer pain, swelling to her cheek, thigh, leg, bruising to her back and a small injury to her hand. The case file included a medical report and photos from the hospital.
The public prosecutor charged the defendant for violating Article 145 of the Penal Code regarding simple offences against physical integrity, as well as Article 35 (b) of the Law Against Domestic Violence.
During the trial the defendant admitted that the facts listed in the indictment were all true, and expressed regret and promised not to repeat such acts in the future.
In his final recommendations, the public prosecutor requested for the court to sentence the defendant to 1 year and 6 months in prison suspended for 2 years to deter the commission of such crimes in the future.
Meanwhile, the public defender requested for the court to impose an appropriate penalty against the defendant based on the mitigating and aggravating circumstances.
The court concluded this matter and sentenced the defendant to 1 year and 6 months in prison, suspended for 2 years.
17. Crime of simple offences against physical integrity characterized as domestic violence – Case No. 53/krime/2015/TDO
Composition of judges : Single
Judge : João Ribeiro
Public prosecutor : Ambrosio Rangel Freitas
Public Defender : Calisto Tout
Conclusion : Sentenced to 1 year in prison, suspended for 1 year.
On 15 May 2015 the Oecusse District Court tried the defendant AE for committing the crime of simple offences against physical integrity against his child (SE) who was 2 years old and against his wife (CE). This case allegedly occurred on 24 September 2014 in Oecusse District.
The public prosecutor alleged that on 24 September 2014, at approximately 6pm the defendant hit his wife once on the head, once on her arm and choked her. As a result of this assault the defendant’s arm hit their child (SE). This case occurred because the victim came home late when the defendant ordered her to ask for some chili at the home of the defendant’s sister.
The public prosecutor alleged that the defendant violated Article 148 of the Penal Code on negligent offences against the physical integrity of his child and article 145 of the Penal Code on simple offences against the physical integrity of his wife as well as Article 35 (b) of the Law Against Domestic Violence. The case file included a medical report and photos from the hospital.
During the trial the court attempted conciliation in the matter of simple offences against physical integrity because the negligence of the defendant in regards to his child was semi-public in nature. During the conciliation the victim CE who was representing her child decided to withdraw the case.
Based on the request to withdraw the case, the court validated the settlement in this case and acquitted the defendant.
Meanwhile, regarding the offence against CE, the defendant admitted that he did commit the offence and testified that he regretted it and promised not to reoffend in the future.
In his final recommendations the public prosecutor requested for the court to sentence the defendant to 9 years in prison, suspended for 1 year. The public defender requested for the court to impose a suitable penalty against the defendant in accordance with the mitigating and aggravating circumstances in this case.
After hearing the final recommendations of the parties, the court concluded this matter and sentenced the defendant to 1 year in prison, suspended for 1 year.
18. Crime of simple offences against physical integrity - Case No. 17/sum/2015/TDO
Composition of judges : Single
Judge : João Ribeiro
Public prosecutor : Ambrosio Rangel Freitas
Public Defender : Calisto Tout
Conclusion : Settlement was validated
On 15 May 2015 the Oecusse District Court conducted a hearing in a case of ordinary offences against physical integrity involving the defendant JF who allegedly committed the offence against his younger brother on 3 February 2015 in Oecusse District.
The public prosecutor alleged that on 3 February 2015 at approximately 5pm the defendant threw a bottle of paracetamol medicine at the victim’s chest and choked the victim. This case allegedly occurred because the victim accused the defendant of taking US$4.50 that was missing.
The public prosecutor charged the defendant for violating Article 145 of the Penal Code regarding simple offences against physical integrity.
The public prosecutor charged the defendant for violating Article 145 of the Penal Code as well as Article 35 (b) of the Law Against Domestic Violence. However during the trial the court amended Article 145 of the Penal Code on simple offences against physical integrity because the victim was not economically dependent on the defendant.
Based on this amendment, the court attempted conciliation. During the attempted conciliation the defendant admitted his guilt and apologized to the victim and there was a request to withdraw the case.
Based on the request to withdraw the case, the court validated the settlement in this case and acquitted the defendant.
19. Crime of simple offences against physical integrity characterized as domestic violence – Case No. 54/krime/2015/TDO
Composition of judges : Single
Judge : João Ribeiro
Public prosecutor : Ambrosio Rangel Freitas
Public Defender : Calisto Tout
Conclusion : Sentenced to 2 years in prison, suspended for 2 years.
On 15 May 2015 the Oecusse District Court tried the defendant MS for allegedly committing simple offences against the physical integrity of his wife on 31 October 2014 in Oecusse District.
The public prosecutor alleged that on 31 October 2014 the defendant slapped the victim once above her right eye, punched her once on the thigh and punched the victim on the back four times, punched her once on the arm and once on the ear. These actions caused the victim to suffer injuries to her left arm and swelling to other parts of her body.
This case allegedly occurred because the victim insisted on asking for money from a person who had borrowed their money even though the defendant told her not to. In this case a medical report and photos from Pradet were provided.
The public prosecutor charged the defendant for violating Article 145 of the Penal Code regarding simple offences against physical integrity, as well as Article 35 (b) of the Law Against Domestic Violence.
During the trial the defendant admitted all of the facts and testified that until now they have not reconciled yet because the victim did not want to.
On the other hand, the victim testified that she was always mistreated so she no longer wanted to live as husband and wife.
In his final recommendations the public prosecutor requested for the court to sentence the defendant to 1 year 6 months in prison suspended for 2 years to deter such crimes, because domestic violence is prevalent in Oecusse.
Meanwhile, the public defender requested for the court to apply an appropriate penalty in accordance with the wrongdoing of the defendant because the defendant cooperated with the court, confessed, expressed regret and promised not to reoffend in the future. In addition, the defendant also wanted to stay together with the victim as husband and wife, however the victim did not want to.
After hearing the final recommendations of the parties, the court concluded this matter and sentenced the defendant to 2 year in prison, suspended for 2 years.
20. Crime of driving without a license - Case No. 71/krime-sum/2015/TDO
Composition of judges : Single
Judge : Joao Ribeiro
Public prosecutor : Ambrosio Rangel Freitas
Public Defender : Afonso Gomes Fatima
Conclusion : Ordered to pay a fine of US$ 120.00.
On 18 May 2015 the Oecusse District Court conducted a hearing to announce its decision in a case of driving without a license involving the defendant Jose Tanake Metan which allegedly occurred on 16 November 2014 in Pante-Makassar, Oecusse.
The court proved that on 16 November 2014 at approximately 10am, the Oecusse District Traffic Police Unit arrested the defendant because he was riding a motorcycle from Tono towards DHS in Oecusse town without a license or number plate.
The public prosecutor charged the defendant for violating Article 207 of the Penal Code on driving without a license.
After evaluating the facts established during the trial, the court ordered the defendant to pay a fine of US$120.00 in daily instalments of US$1.00 for 120 days. The court also stipulated an alternative punishment of 80 days jail if the defendant does not pay the aforementioned fine.
Previously, during the trial the defendant confirmed that he did not have a license and a number plate. The defendant also testified that he regretted his actions and now he has a license.
In his final recommendations the public prosecutor requested for the court to order the defendant to pay a fine of US$ 90 to be paid in daily instalments of $1.00 for 90 days.
The public defender considered that the defendant had admitted all of the facts. Therefore he requested for the court to consider the mitigating circumstances and to uphold justice proportional to the wrongdoing of the defendant.
21. Crime of simple offences against physical integrity characterized as domestic violence – Case No. 69/krime/2015/TDO
Composition of judges : Single
Judge : João Ribeiro
Public prosecutor : Ambrosio Rangel Freitas
Public Defender : Calisto Tout
Conclusion : Sentenced to 2 years in prison, suspended for 3 years.
On 18 May 2015 the Oecusse District Court conducted a hearing to announce its decision in a case of simple offences against physical integrity involving the defendant CLC who allegedly committed the offence against his wife. This case allegedly occurred on 10 January 2015 in Oecusse District.
The court proved that on 10 January 2015 at approximately 10am the defendant punched the victim once on the back, kicked her twice on the right thigh, slapped the victim once in the mouth, and once on the forehead. These acts caused the victim to suffer swelling and redness to the parts of her body that had been struck by the defendant.
The court found that this case allegedly occurred because the victim had knocked over an aluminum pot and although it was not damaged the victim’s mother in law became angry and so the defendant got angry and struck the victim. In this case a medical report and photos from PRADET were provided.
The public prosecutor charged the defendant for violating Article 145 of the Penal Code regarding simple offences against physical integrity, as well as Article 35 (b) of the Law Against Domestic Violence.
During the trial, the defendant confessed and promised not to reoffend in the future. The defendant testified that previously he was given a suspended sentence by the court for committing ordinary maltreatment.
In his final recommendations the public prosecutor requested for the court to sentence the defendant to 2 years in prison, suspended for 3 years because the defendant admitted his actions. Meanwhile, the public defender requested for the court to uphold justice in accordance with the wrongdoing of the defendant because the defendant confessed and regretted his actions and cooperated with the court.
Based on this evidence, the court sentenced the defendant to 2 years in prison, suspended for 3 years.
22. Crime of simple offences against physical integrity characterized as domestic violence – Case No. 56/krime/2015/TDO
Composition of judges : Single
Judge : João Ribeiro
Public prosecutor : Ambrosio Rangel Freitas
Public Defender : Afonso Gomes Fatima
Conclusion : Sentenced to 1 year in prison, suspended for 1 year and 6 months.
On 18 May 2015 the Oecusse District Court conducted a hearing in a case of simple offences against physical integrity involving the defendant DT who allegedly committed the offence against his wife on 15 February 2015 in Oecusse District.
The public prosecutor alleged that on 15 February 2015, at approximately at 9am, the defendant used a piece of wood to strike the victim once on her back, right arm, leg and once on the right side of her neck. These acts caused the victim to suffer redness to her back, and swelling to her arm and leg and she could not swallow because of pain to her neck. The case file included a medical report and photos from the hospital. This case allegedly occurred because the victim slept on the other side of the room without telling the defendant.
The public prosecutor charged the defendant for violating Article 145 of the Penal Code regarding simple offences against physical integrity, as well as Article 35 (b) of the Law Against Domestic Violence.
During the trial the defendant admitted all of the facts in the indictment, expressed regret and testified that they have reconciled and he paid a fine to the victim’s parents of US$100.00. The defendant was a first time offender.
In his final recommendations the public prosecutor requested for the court to sentence the defendant to 1 year and 6 months in prison to deter the commission of such crimes in the future.
Meanwhile the public defender requested for the court to uphold justice in accordance with the wrongdoing of the defendant because he had cooperated with the court, regretted his actions and has four children.
After hearing the final recommendations of the parties, the court concluded this matter and sentenced the defendant to 1 year in prison, suspended for 1 year and 6 months.
23. Crime of simple offences against physical integrity characterized as domestic violence – Case No. 58/krime/2015/TDO
Composition of judges : Single
Judge : João Ribeiro
Public prosecutor : Ambrosio Rangel Freitas
Public Defender : Afonso Gomes Fatima
Conclusion : Sentenced to 9 months in prison, suspended for 1 year and 6 months.
On 18 May 2015 the Oecusse District Court tried the defendant HdS for allegedly committing simple offences against the physical integrity of his wife on 12 February 2015 in Oecusse District.
The public prosecutor alleged that on 12 February 2015, at approximately 5pm, the defendant twice struck the victim on her right cheek and once on her mouth. These acts knocked out the victim’s tooth and her cheek was swollen. This case allegedly occurred because the victim did not give the defendant US$5.00 to put fuel in his motorcycle taxi. A medical report and photos from the Oecusse Referral Hospital were submitted in this case.
The public prosecutor charged the defendant for violating Article 145 of the Penal Code regarding simple offences against physical integrity, as well as Article 35 (b) of the Law Against Domestic Violence.
During the trial the defendant confirmed all of the facts set out in the indictment of the public prosecutor.
In his final recommendations the public prosecutor requested for the court to sentence the defendant to 1 year in prison, to be suspended for 1 year 6 months, considering that there is a high number of cases of domestic violence in the Oecusse region.
Meanwhile, the public defender requested for the court to uphold justice in accordance with the actions of the defendant because he cooperated with the court and regretted his actions.
After hearing the final recommendations of the parties, the court concluded this matter and sentenced the defendant to 9 months in prison, suspended for 1 year and 6 months.
24. Crime of simple offences against physical integrity characterized as domestic violence – Case No. 59/krime/2015/TDO
Composition of judges : Single
Judge : João Ribeiro
Public prosecutor : Ambrosio Rangel Freitas
Public Defender : Afonso Gomes Fatima
Conclusion : Sentenced to 1 year in prison, suspended for 1 year.
On 18 May 2015 the Oecusse District Court conducted a hearing in a case of simple offences against physical integrity involving the defendant JN who allegedly committed the offence against his wife. This case allegedly occurred on 03 February 2015 in Oecusse District.
The public prosecutor alleged that on 03 February 2015, at approximately 11:00pm, the defendant struck the victim once above her right eye and punched her four time on her calf. These acts caused the victim to suffer an injury to her right eye and swelling underneath.
This case allegedly occurred because their baby was crying but the victim did not wake up and the defendant had to hold the baby and prepare some milk for the baby. However the baby kept crying so the defendant became angry and punched the victim. The case file included a medical report and photos from the Oecusse Referral Hospital.
The public prosecutor charged the defendant for violating Article 145 of the Penal Code regarding simple offences against physical integrity, as well as Article 35 (b) of the Law Against Domestic Violence.
During the trial the defendant admitted the facts in the indictment and expressed regret for his actions was a first time offender.
On the other hand the victim testified that this was the first time that the defendant had hit her and they have reconciled.
In his final recommendations the public prosecutor requested for the court to sentence the defendant to 1 year in prison, suspended for 1 year and 6 months, because this type of crime is prevalent in Oecusse District.
Meanwhile, the public defender requested for the court to uphold justice for the defendant because the defendant confessed and regretted his actions, has reconciled with the victim and cooperated with the court.
The court concluded this matter and sentenced the defendant to 1 year in prison, suspended for 1 year.
25. Crime of simple offences against a minor, characterized as domestic violence - Case No. 57/krime/2015/TDO
Composition of judges : Single
Judge : João Ribeiro
Public prosecutor : Ambrosio Rangel Freitas
Public Defender : Afonso Gomes Fatima
Conclusion : Ongoing
On 18 May 2015 the Oecusse District Court conducted a hearing in a case of ordinary offences against physical integrity involving the defendant LC (grandmother), the defendant ENL (aunty) and the defendant CL (uncle) who allegedly committed the offences against CT, AgT and AT (aged 6- 9) who were the grandchildren of the defendant LC and nephews of the defendants ENL and CL. The incident allegedly occurred 2014, in Oecusse District.
The public prosecutor alleged that in 2014, without a clear reason, the three defendants repeatedly struck the victims on the back, stomach and cheeks with a piece of wood and plastic cord which caused the victims to suffer swelling and cuts to their bodies. The case file included a medical report and photos from the hospital.
The victims had been living together with the defendants since 2012, when their parents divorced, and they went to live with the defendants.
The public prosecutor charged the defendants for violating Article 145 of the Penal Code regarding simple offences against physical integrity, as well as Article 35 (b) of the Law Against Domestic Violence.
During the trial, the defendants admitted their actions and testified that they have reconciled with the victims and since then there have been no further problems. The victim CT also testified that they have reconciled and are living together again as per normal.
In his final recommendations the public prosecutor requested for the court to sentence the defendant LC to 2 years and 6 months in prison, suspended for 3 years. Meanwhile, the public prosecutor requested for the court to sentence the other two defendants to 2 years in prison, suspended for 3 years.
On the other hand the public defender requested for the court to uphold justice in accordance with the wrongdoing of the defendants because they confessed, regretted their actions, promised not to reoffend in the future, cooperated with the court and have reconciled with the victims.
After hearing the final recommendations of the parties, the court adjourned the trial to announce its decision on 8 June 2015 at 8am.
26. Crime of simple offences against physical integrity characterized as domestic violence – Case No. 76/krime/2015/TDO
Composition of judges : Single
Judge : João Ribeiro
Public prosecutor : Ambrosio Rangel Freitas
Public Defender : Calisto Tout
Conclusion : Sentenced to 6 months in prison, suspended for 1 year and 6 months.
On 19 May 2015 the Oecusse District Court tried the defendant LC for allegedly committing the crime of simple offences against the physical integrity of his wife. This case allegedly occurred on 15 February 2015 in Oecusse District.
The public prosecutor alleged that on 15 February 2015, at approximately 12 midday, after lunch, the defendant slapped the victim once on the back of her neck so the victim went to lie down in a kiosk. The defendant followed her and entered the kiosk, stomped on the victim’s right underarm, twice punched her in the chest, once on her head and forehead. These acts caused the victim to suffer pain. The case file included a medical report and photos from the hospital.
This case allegedly occurred because the victim did not agree when the defendant told her two younger sisters to go and get some firewood after having lunch. The victim wanted them to rest first before going to get the firewood.
The public prosecutor charged the defendant for violating Article 145 of the Penal Code regarding simple offences against physical integrity, as well as Article 35 (b) of the Law Against Domestic Violence.
During the trial the defendant admitted all of the facts and regretted his actions and testified that they have reconciled.
In his final recommendations the public prosecutor requested for the court to sentence the defendant to 1 year and 6 months in prison, to deter this type of crime from occurring. Meanwhile, the public defender requested for the court to uphold justice in accordance with the actions of the defendant based on the mitigating circumstances because he cooperated with the court and regretted his actions.
The court concluded this matter and sentenced the defendant to 1 year and 6 months in prison, suspended for 1 year and 6 months.
27. Crime of driving without a license - Case No. 75/krime/2015/TDO
Composition of judges : Single
Judge : Joao Ribeiro
Public prosecutor : Ambrosio Rangel Freitas
Public Defender : Afonso Gomes Fatima
Conclusion : Ordered to pay a fine of US$ 165.00.
On 19 May 2015 the Oecusse District Court tried a case of driving without a license involving the defendants Cipriano Colo and Gilfredo Colo. This case allegedly occurred on 16 January 2015 in Pante-Makassar, Oecusse District.
The public prosecutor alleged that on 16 February 2015, the Oecusse District Traffic Police Unit were inspecting vehicle registration documents and they arrested the defendants who were riding a Yamaha motorcycle and Revo motorcycle without a license. The police put the two defendants in a police cell and detained the two motorcycles.
The public prosecutor charged the defendants for violating Article 207 of the Penal Code on driving without a license.
During the trial the defendant Gilfredo Colo confirmed the facts however the defendant Cipriano Colo testified that the motorcycle was not his and that it belonged to his office.
In his final recommendations the public prosecutor requested for the court to order the defendant to a fine of US$ 75 to be paid in daily instalments of $1.00 for 75 days.
On the other hand, the public defender believed that the defendants confessed, regretted their actions and cooperated with the court, so he requested for the court to give justice to the defendants in accordance with their wrongdoing.
The court concluded this case and ordered the defendant Cipriano to pay a fine of US$90.00 to be paid in daily instalments of US$1.00 for 90 days and stipulated an alternative penalty of 60 days in prison if the defendant does not pay this fine.
Meanwhile the defendant Gilfredo was ordered to pay a fine of US$75.00 to be paid in installments of US$1.00 for 75 days and the court stipulated an alternative punishment of 50 days in prison if the defendant fails to pay the aforementioned fine.
28. Crime of simple offences against physical integrity characterized as domestic violence – Case No. 40/krime/2015/TDO
Composition of judges : Single
Judge : João Ribeiro
Public prosecutor : Ambrosio Rangel Freitas
Public Defender : Calisto Tout
Conclusion : Sentenced to 6 months in prison, suspended for 1 year.
On 19 May 2015 the Oecusse District Court conducted a hearing to announce its decision and sentenced the defendant FRS to 6 months in prison, suspended for 1 year after he was found guilty of committing maltreatment against his wife, on 24 January 2015 in Oecusse District.
The court proved that on 24 January 2015, at approximately 10:00pm, the defendant returned home intoxicated and asked for food and vegetables but the victim answered that she had made instant noodles. Therefore, the defendant became angry and slapped the victim once on the back of the neck.
Based on the aforementioned facts, the court concluded the matter and sentenced the defendant to 6 months in prison, suspended for 1 year.
The public prosecutor charged the defendant for violating Article 145 of the Penal Code regarding simple offences against physical integrity, as well as Article 35 (b) of the Law Against Domestic Violence.
During the trial the defendant admitted all of the facts set out in the charges.
29. Crime of simple offences against physical integrity characterized as domestic violence – Case No. 41/krime/2015/TDO
Composition of judges : Single
Judge : João Ribeiro
Public prosecutor : Ambrosio Rangel Freitas
Public Defender : Calisto Tout
Conclusion : Sentenced to 1 year and 6 months in prison, suspended for 2 years.
On 19 May 2015 the Oecusse District Court conducted a hearing to announce its decision and sentenced the defendant LC to 1 year 6 months in prison, suspended for 2 years after he was found guilty of committing maltreatment against his wife on 29 December 2014, in Oecusse District.
The court proved that on 29 December 2014, at approximately 11:00pm, the defendant was drunk and struck the victim above the eye with a bicycle and caused an injury. This case allegedly occurred because the victim did not want to use the children’s bicycle to go to the home of the defendant’s sister.
The court also proved that on 31 December 2014 at approximately 6pm the defendant told the victim to teach their children not to get accustomed to asking others for money. The victim was just about to answer and the defendant suddenly threw a hand phone and it hit the victim in the chest caused the victim to suffer pain.
Based on the aforementioned facts, the court concluded the matter and sentenced the defendant to 1 year and 6 months in prison, suspended for 2 years.
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 (b) of the Law Against Domestic Violence.
During the trial the defendant admitted that all of the facts in the indictment were true and testified that he felt regret for his actions and testified that they have reconciled and he promised not to reoffend in the future.
In his final recommendations, the public prosecutor requested for the court to sentence the defendant to 1 year in prison suspended for 2 years to deter the commission of such crimes in the future. In addition, previously in 2012 the defendant was found guilty of committing domestic violence twice and the court imposed a fine against the defendant.
Meanwhile, the public defender requested for the court to impose an appropriate penalty in accordance with the wrongdoing of the defendant and to consider the mitigating circumstances, namely that the defendant confessed, regretted his actions, cooperated with the court and has reconciled with the victim.
30. Crime of simple offences against physical integrity characterized as domestic violence – Case No. 78/krime/2015/TDO
Composition of judges : Single
Judge : João Ribeiro
Public prosecutor : Ambrosio Rangel Freitas
Public Defender : Afonso Gomes Fatima
Conclusion : Ongoing
On 21 May 2015 the Oecusse District Court conducted a hearing in a case of ordinary maltreatment involving the defendant PT who allegedly committed the offence against his wife on 19 February 2015 in Oecusse District.
The public prosecutor alleged that on 19 February 2015 at approximately 8am the victim received a phone call from her brother who told her to go and plant rice in their rice field, however the defendant told her not to and they argued so in the end the defendant grabbed her by the neck and threw her to the ground. When the victim woke up, the defendant slapped her once on the left and right cheeks, punched her once on the forehead and choked the victim. These actions caused the victim to suffer pain to her chest and cheek. In this case a medical report and photos from PRADET were provided.
The public prosecutor charged the defendant for violating Article 145 of the Penal Code regarding simple offences against physical integrity, as well as Article 35 (b) of the Law Against Domestic Violence.
During the trial the defendant admitted some of the facts, namely that he slapped the victim on her left and right cheeks, however he denied grabbing the victim by the neck and throwing her to the ground, and he did not punch the victim in the forehead and did not choke her.
The defendant also confirmed that previously in 2012 he was given a fine in relation to maltreatment he committed against the victim. On the other hand, the victim maintained the charges of the public prosecutor.
In his final recommendations the public prosecutor requested for the court to sentence the defendant to 1 year and 6 months in prison, suspended for 2 years to deter the defendant from reoffending against the victim or anyone else.
Meanwhile the public defender believed that the defendant confessed, regretted his actions and cooperated with the court, therefore he requested for the court to give justice in accordance with the wrongdoing of the defendant.
After hearing the final recommendations of the parties, the court adjourned the trial to announce its decision on 8 June 2015, at 10am.
31. Crime of simple offences against physical integrity characterized as domestic violence – Case No. 80/krime/2015/TDO
Composition of judges : Single
Judge : João Ribeiro
Public prosecutor : Ambrosio Rangel Freitas
Public Defender : Afonso Gomes Fatima
Conclusion : Sentenced to 4 months in prison, suspended for 1 year.
On 21 May 2015 the Oecusse District Court conducted a hearing in a case of simple offences against physical integrity involving the defendant DF who allegedly committed the offence against his wife. This case allegedly occurred on 08 March 2015 in Oecusse District.
The public prosecutor alleged that on 08 March 2015, at approximately 10pm, the defendant choked the victim and kicked her once in the thigh because the victim always asked for money.
The public prosecutor charged the defendant for violating Article 145 of the Penal Code regarding simple offences against physical integrity, as well as Article 35 (b) of the Law Against Domestic Violence.
During the trial the defendant admitted all of the facts, regretted his actions, promised not to reoffend in the future and testified that they have reconciled.
In his final recommendations the public prosecutor requested for the court to sentence the defendant to 3 years in prison, suspended for 1 year. On the other hand, the public defender requested for the court to give justice to the defendant in accordance with his wrongdoing.
The court concluded this matter and sentenced the defendant to 4 years in prison, suspended for 1 year.
32. Crime of simple offences against physical integrity, characterized as domestic violence - Case No. 79/krime/2015/TDO
Composition of judges : Single
Judge : João Ribeiro
Public prosecutor : Ambrosio Rangel Freitas
Public Defender : Afonso Gomes Fatima
Conclusion : Trial adjourned
On 21 May 2015 the Oecusse District Court adjourned the trial of a case of simple offences against physical integrity involving the defendant FdSO who allegedly committed the offences against his wife.
The trial was adjourned because the defendant and victim did not appear in court. Therefore, the court adjourned the trial until 19 June 2015, at 09.00am.
33. Crime of aggravated attempted murder characterized as domestic violence – Case No. 67/krime/2014/TDO[2]
Composition of judges : Panel
Judges : João Ribeiro, Jumiaty Freitas and Albertina Neves
Public prosecutors : Ambrosio R. Freitas and Bartolomeu de Araujo
Public Defenders : Afonso G. Fatima, Marcelino Marques Coro and Francisco Caetano Martins
Conclusion : Sentenced to 5 years in prison
On 29 May 2015 the Oecusse District Court, via the Dili District Court, conducted a hearing to announce its decision and sentenced the defendant JB to 5 years in prison after he was found guilty of committing the crime of aggravated attempted murder against his wife. This case allegedly occurred on 02 November 2014 in Oecusse District.
The court concluded this matter and sentenced the defendant to 5 years in prison. The court also requested the defendant to demonstrate good behavior while in prison so that he would be entitled to conditional release after serving 2 years and 6 months of his sentence.
[1] Refer to JSMP Press Release, 18 May 2015: Oecusse District Court sentences defendant in case of incest to 20 years in prison, available on the JSMP website: www.jsmp.tl
2 Please refer to JSMP Press Release: Oecusse District Court sentences defendant to 5 years in prison in case of aggravated attempted murder characterized as domestic violence, available on the JSMP website: www.jsmp.tl; edition 10 June 2015
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