JSMP Case Summary Oecusse District Court July 2017

JUDICIAL SYSTEM MONITORING PROGRAMME
PROGRAMA MONITORIZASAUN BA SISTEMA JUDISIRIU

Case Summary
The Oecusse District Court
July 2017
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 Oecusse District Court
1. Total number of cases monitored by JSMP: 26
Type of Case Type of Case Number of

cases
Article 145 of the Penal Simple offences against physical integrity 19

Code (PC) and Article 35 of characterized as domestic violence and
the Law Against Domestic types of offences categorised as domestic
Violence (LADV) violence
Article 145 of the PC Simple offences against physical integrity 4
Articles 145 and 157 of the Simple offences against physical integrity 1
Penal Code and threats
Article 207 of the PC Driving without a licence 1

Article 251 of the PC Larceny 1
Total 26 26
2. Total number of cases monitored by JSMP: 26
Rua setubal, Colmera, Dili Timor Leste

PoBox: 275
Telefone: 3323883
www.jsmp.tl
info@jsmp.minihub.org
Facebook: www.facebook.com/timorleste.jsmp
Twitter: @JSMPtl

Type of decision Number of

cases
Suspension of execution of a prison sentence (Article 68 of the PC) 20
Withdrawal of complaint 3
Fine (Article 67 of the PC) 2
Prison sentence (Article 66 of the PC) 1
Total 26
B. Short description of the trial proceedings and decisions in these cases
1. Crime of simple offences against physical integrity characterized as domestic violence
Case Number : 0003/17.OEOSL

Composition of the Court : Single Judge
Judge : Joo Ribeiro
Prosecutor : Mateus Nessi
Public Defender : Marcelino Marques Coro
Type of Penalty : 1 year in prison, suspended for 1 year
On 4 July 2017 the Oecusse District Court announced its decision in a case of simple offences
against physical integrity characterised as domestic violence involving the defendant BB who
allegedly committed the offence against his wife in Oecusse District.
Charges of the Public Prosecutor

The public prosecutor alleged that on 19 February 2017 at 5pm the defendant slapped the victim
twice on the right cheek, once on the left cheek, and kicked her once above her right eye. These
acts caused the victim to suffer pain and redness to her cheeks and above her eye. A medical
report was included in the case file from the Oecusse Referral Hospital and photos from the
Oecusse District Police VPU.
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 (b) of the Law Against Domestic Violence.
Presentation of evidence


The defendant confessed all of the facts set out in the indictment and stated that he regretted his
actions, has reconciled with victim and this was the first time he had committed a crime against
his wife. The defendant also promised not to repeat his behaviour in the future. The defendant is
a farmer without a fixed income and has 5 children.
The public prosecutor requested for the court to disregard the victim's statement because the
defendant confessed all of the facts in the indictment and the public defender agreed with this
request.
Final recommendations
The prosecutor stated that the defendant was guilty of committing the crime against his wife and
the defendant had a strong intention of hitting the victim, even though the defendant knew that
the victim was powerless to resist the defendant. Also, cases of domestic violence are prevalent
in Oecusse in comparison with other districts. For this reason the prosecutor requested for the
court to convict the defendant pursuant to Article 145 of the Penal Code.
The public defender stated that the defendant confessed all of the facts in the indictment, has
reconciled with victim and this was the first time he committed a crime against his wife and
promised that he would not commit any further crimes against his wife. Therefore he requested
for the court to impose a fair penalty against the defendant.
Decision
Based on the aforementioned evidence, the court concluded the matter and sentenced the
defendant to 1 year in prison, suspended for 1 year.
Case Number : 0158/16.OESIC

Judge : Joo Ribeiro
Type of Penalty : 1 year in prison, suspended for 2 years
against physical integrity characterised as domestic violence involving the defendant AL who

The public prosecutor alleged that on 29 September 2016, at 4pm, the defendant grabbed a
broom and struck the victim above her right eye and struck the victim once on her right elbow


which caused the victim to suffer pain to her eye, swelling and redness to her elbow. A medical
report from Pradet was also attached to this case together with photographs from VPU-PNTL.
The defendant confessed all of the facts set out in the indictment, regretted his actions, was a first
time offender, and has reconciled with victim. The defendant is a farmer, has no monthly income
and has 5 children. The defendant understands that striking a person on the body can cause pain
and injury and he promised not to commit any crimes against the victim in the future.
request.
The public prosecutor stated that the defendant had been proven guilty of committing the crime
against the victim based the testimony of the defendant. To deter the defendant from repeating
his behaviour, the prosecutor requested for the court to convict the defendant pursuant to Article
145 of Penal Code.
Meanwhile, the public defender stated that the defendant confessed all of the facts set out in the
indictment, has reconciled with the victim, and was a first time offender. Therefore he requested
for the court to impose a fair penalty against the defendant, matching his culpability.
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 years.
Case Number : 0069/16.OEPMK

Judge : Joo Ribeiro


against physical integrity characterised as domestic violence involving the defendant FJS who

The public prosecutor alleged that on 10 December 2016 at approximately 1pm the defendant
took a small bag and struck the victim once in the head and choked the victim and this caused the
victim to suffer pain to her head and throat. A medical report was included in the case file from
the Oecusse Referral Hospital and photos from the Oecusse District Police VPU.
time offender, and has reconciled with victim. The defendant is a farmer, has no fixed monthly
income and has 4 children. The defendant understands that striking a person can cause pain and
injury and he promised not to commit any crimes against a family member or other person in the
future.
request.
against the victim based the testimony of the defendant. Therefore to deter the defendant in the
future the prosecutor requested for the court to convict the defendant pursuant to Article 145 of
the Penal Code.
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 fair penalty against the defendant.
Decision
sentenced the defendant to 1 year in prison, suspended for 1 year.


Judge : Joo Ribeiro
against physical integrity characterised as domestic violence involving the defendant JL who

The public prosecutor alleged that on 13 March 2017 at 8am the defendant grabbed the victim by
the hair and punched her 6 times in the head. The victim ran to her neighbour's home, the
defendant ran after the victim and grabbed her and dragged her inside and then punched the
victim once on the back. This assault caused the victim to suffer pain and swelling and redness to
her body. A medical report from Pradet was also attached to this case together with photographs
from VPU-PNTL.
time offender, and promised not to repeat such acts against the victim. The defendant is a driver
and earns US$150 a month.
request.
The public prosecutor stated that the defendant was found guilty of committing the crime against
the victim. The public prosecutor mentioned that cases of domestic violence are prevalent in
Oecusse in comparison with other districts. Therefore he requested for the court to convict the
defendant in accordance with the provisions of Article 145 of the Penal Code.
The public defender stated that the defendant confessed the facts set out in the indictment,
regretted his actions and promised that he would not commit any further crimes against the
victim. Therefore he requested for the court to impose a fair penalty against the defendant.
Decision


sentenced the defendant to 1 year in prison, suspended for 1 year and ordered him to pay court
costs of US$ 50.
5. Simple offences against physical integrity and threats
Case Number : 0015/16.OEPSB

Judge : Joo Ribeiro
Type of Penalty : 9 months in prison, suspended for 1 year
On 4 July 2017 the Oecusse District Court conducted a hearing to announce its decision in a case
of threats and simple offence against physical integrity involving the defendant NQ and the
victim AdJT (age 11), the victim NEF (age 7), and the victim NMdF (age 8), in Oecusse
District.

The public prosecutor alleged that on 12 December 2016, at approximately 7pm, the defendant
threatened the victim AdJT by saying that just wait, I will beat you to death. The defendant
followed the victims to their house, and the victim AdJT ran away and tossed aside her two
younger siblings. The defendant took a branch and beat the victim NEF and the victim NMdF on
the back and caused the victims to suffer pain and feel afraid. This incident occurred because the
victim AdJT hit the defendant's grandchild on the back when the 3 victims passed by in front of
the defendant's house and the defendant's grandchild threw a mango at the victim AdJT's
shoulder. A medical report was included in the case file from the Oecusse Referral Hospital and
photos from the Oecusse District Police VPU.
or a fine as well as Article 157 of the Penal Code on threats that carries a maximum penalty of
one year or a fine.
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 the victims. However the victims and their parents rejected an attempt to achieve
conciliation and wanted to proceed with the matter.
During the trial the defendant stated that some of the facts were true and some facts were not
true. It was true that the defendant took a branch and hit the victim NEF and the victim NMdF on
the back and the defendant stated that he did not threaten the victim AdJT. The defendant stated


that he was a first time offender and promised not to commit any other against the children or
other persons. The defendant tried to reconcile and give compensation to the victims but the
victims and their parents did not want to.
When the court sought confirmation from the victim AdJT, she stated that during the incident the
defendant did not threaten her, and that the defendant just took a branch and twice struck the
victim's two younger siblings.
defendant confessed all of the facts in the indictment.
The prosecutor stated that the defendant was guilty of committing the crime of simple offence
against physical integrity against the victims based on the defendant's statement, medical report
from the hospital and photographs from the VPU section of the Police. For this reason the
prosecutor requested for the court to convict the defendant pursuant to Article 145 of the Penal
Code.
The public defender stated that the defendant had confessed the facts about his actions and this
was confirmed by the victim AdJT that the defendant did not threaten the victim. The public
defender stated that the defendant regretted his behaviour and was a first time offender.
Therefore he requested for the court to impose a fair decision against the defendant in relation to
the crime of simple offence against physical integrity. He requested the court to acquit the
defendant for the crime of threats, because there was no evidence that the defendant committed
this crime.
Decision
The court found the defendant guilty of committing the crime of simple offence against physical
integrity against the victims and did not find proof that the defendant committed the crime of
threatening the victim AdJT. Therefore the Court imposed a prison sentence of 9 months in
prison, suspended for 1 year for the crime of simple offence against physical integrity and
acquitted the defendant from the crime of making threats.
Case Number : 0019/16.OEBCL

Judge : Joo Ribeiro


against physical integrity characterised as domestic violence involving the defendant AM who

The public prosecutor alleged that on 8 September 2016, at 10am, the defendant kicked the
victim twice on her back, punched the victim twice on her left arm, kicked the victim once on her
side and struck the victim once on the fingers with a branch. A medical report was included in
the case file from the Oecusse Referral Hospital and photos from the Oecusse District Police
VPU.
The defendant confessed all of the facts set out in the indictment, regretted his actions, and was a
first time offender. The defendant is a farmer and does not have a fixed income each month, and
has 6 children and promised not to commit any further crimes against his wife or other person.
request.
The public prosecutor stated that the defendant was guilty of committing the crime against his
wife based on the confession of the defendant and the medical report from Pradet. The public
prosecutor mentioned that cases of domestic violence are prevalent in Oecusse District in
comparison with other districts. For this reason the prosecutor requested for the court to convict
the defendant pursuant to Article 145 of the Penal Code.
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 6 children.
Decision


Judge : Joo Ribeiro
against physical integrity characterised as domestic violence involving the defendant TF who
allegedly committed the offence against her husband in Oecusse District.

The public prosecutor alleged that on 6 January 2017, at approximately 11:00am, the defendant
took the flat part of a machete and struck the victim once in the forehead which caused the victim
to suffer an injury and swelling to his forehead. A medical report from Pradet was also attached
to this case together with photographs from VPU-PNTL.
The defendant confessed all of the facts in the indictment, regretted her actions, has reconciled
with the victim, this was the first time she committed a crime against the victim, and she
promised not to repeat her actions against the victim.
defendant confessed all of the facts in the indictment. The public defender agreed with this
request.
The public prosecutor believed that the defendant was guilty of committing the crime as set out
in the indictment and therefore he requested for the court to find the defendant guilty in
accordance with Article 145 of the Penal Code.
The public defender requested for the court to apply an appropriate punishment against the
defendant, because the defendant confessed all of the facts in the indictment, regretted her
actions and promised not to reoffend against the victim.
Decision
Based on the aforementioned evidence, the court concluded the matter and sentenced the
defendant to 6 months in prison, suspended for 1 year.



Judge : Joo Ribeiro
Public Defender : Calisto Tout
Type of Penalty : Fine
against physical integrity characterised as domestic violence involving the defendant CC who

The public prosecutor alleged that on 24 March 2017, at 12:00 midday, the defendant slapped the
victim once on her right cheek, pushed the victim to the ground and the victim suffered pain to
her cheek. A medical report from Pradet was also attached to this case together with photographs
from VPU-PNTL.
first time offender. The defendant is a driver and earns US$125 a month and has one child. The
defendant promised that he would not commit any more crimes against the victim or other
person in the future.
request.
The prosecutor stated that the defendant was found guilty of committing the crime against his
wife. The public prosecutor mentioned that cases of domestic violence are prevalent in Oecusse
in comparison with other districts. For this reason the prosecutor requested for the court to
convict the defendant pursuant to Article 145 of the Penal Code.
regretted his actions, was a first time offender, and therefore he asked the court to impose a fair
decision in accordance with the defendant's crime.

Decision
The court ordered the defendant to pay a fine of US$ 75.00 to be paid in daily instalments of
US$ 1.00 for 75 days. The court also imposed an alternative penalty of 50 days in prison if the
defendant does not pay this fine.

Judge : Joo Ribeiro
Type of Penalty : 2 years in prison, suspended for 2 years
against physical integrity characterised as domestic violence involving the defendant BS who
allegedly committed the offence against his wife (CNdC) and his mother in law in Oecusse
District.

The public prosecutor alleged that on 20 March 2017, at 5pm, the defendant poked his wife in
her left eye with the fingers on his left hand, slapped his wife on the left cheek and once on her
right cheek. The defendant grabbed his wife's left arm and twisted it. The defendant also punched
his mother in law (JO) on the forehead when she went to separate the defendant from his wife.
These actions caused the two victims to suffer pain to the eye, cheek and forehead. A medical
report from Pradet was also attached to this case together with photographs from VPU-PNTL.
first time offender. The two victims maintained all of the facts set out in the indictment of the
public prosecutor.
against the two victims based the testimony of the defendant. To deter the defendant from
committing further crimes in the future, the prosecutor requested for the court to convict the
defendant pursuant to Article 145 of the Penal Code.

first time offender. Therefore he requested for the court to impose a fair penalty against the
defendant.
Decision
sentenced the defendant to 2 years in prison, suspended for 2 years.

Judge : Joo Ribeiro
against physical integrity characterised as domestic violence involving the defendant who
allegedly committed the offence against her husband in Oecusse District.

The public prosecutor alleged that on 18 March 2017 at 4pm the defendant punched the victim
once on his right cheek, bit the victim's left elbow, bit the victim on his right shoulder and bit the
victim on the back and threw a stone at the victim's thigh. A medical report from Pradet was also
attached to this case together with photographs from VPU-PNTL.
The defendant confessed all of the facts in the indictment and understood that striking another
person can cause harm the person's physical health or cause injury. The public defender stated
that the defendant regretted his behaviour and was a first time offender. The defendant stated that
after the incident the defendant and the victim separated and have not reconciled. The defendant
is a farmer and does not have a fixed income each month, and has 2 children and promised not to
commit any further crimes against her husband or other person.


request.
The prosecutor stated that the defendant was found guilty of committing the crime against her
husband. The public prosecutor mentioned that cases of domestic violence are prevalent in
Oecusse in comparison with other districts. For this reason the prosecutor requested for the court
to convict the defendant pursuant to Article 145 of the Penal Code. The public defender stated
that the defendant confessed the facts set out in the indictment, and she promised that in the
future she would not commit any crimes against the victim. Therefore he requested for the court
to impose a fair penalty against the defendant.
Decision
11. Crime of simple offences against physical integrity

Judge : Joo Ribeiro
Type of Penalty : Withdrawal of complaint
On 6 July 2017 the Oecusse District Court attempted conciliation in a case of simple offences
against physical integrity involving the defendant Joao Baptista Corbafo who allegedly
committed the offence against the Alberto Almeida (Border Patrol Unit of the Police) in Lalisuc
Village, Pante-Makasar Sub-District, Oecusse District.
Charges of the Prosecutor

The public prosecutor alleged that on 05 May 2017, at 8:15pm, the defendant punched the victim
5 times on the back and slapped the victim once on the face and choked the victim. This case
occurred when the victim went to pick up his wife at her mother's house, and the defendant was
drunk and without a clear reason committed these acts against the victim.
or a fine.


defendant and victim.
During this attempted conciliation the defendant apologised to the victim because they live in the
same village. The victim accepted the apology of the defendant and then requested for the court
to withdraw the complaint against the defendant.
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.
Case Number : 0002/17.OEPSB

Judge : Joo Ribeiro
against physical integrity characterised as domestic violence involving the defendant MAB and
the defendant HL (mother of the defendant MBA) who allegedly committed the offence against
MAB's wife in Oecusse District.

The public prosecutor alleged that on 10 January 2017, at 9pm, the defendant MBA kicked his
wife once on the back of her neck, choked her and kicked the victim once in the stomach. In
addition the defendant HL slapped the victim once on her left cheek. These actions caused the
victim to suffer pain to the back of her neck and redness to her throat and a medical report from
the Oecusse Referral Hospital and photographs from the Police VPU were attached to the case
file.


In relation to the crime involving the defendant HL who is the victim's mother in law, pursuant
to Article 262 of the Criminal Procedure Code on attempted conciliation, the judge may seek
conciliation between the defendant and victim.
Based on this conciliation, the Court immediately endorsed the amicable agreement with this
defendant, and continued with the trial of simple offences against physical integrity characterized
as domestic violence allegedly committed by the defendant MAB against his wife.
The defendant confessed all of the facts regarding the domestic violence and stated that he
regretted his actions, has reconciled with victim and this was the first time he had committed a
crime against his wife. The defendant also promised that he would not commit any further crimes
against the victim.
request.
The public prosecutor believed that the defendant was guilty of committing the crime as set out
in the indictment and therefore he requested for the court to find the defendant guilty in
accordance with the crime set out in Article 145 of the Penal Code.
The public defender requested for the court to impose a fair decision in accordance with the
defendant's crime, because the defendant confessed all of the facts set out in the indictment,
regretted his actions, and this was the first time he had committed a crime against the victim.
Decision
Case Number : 0008/16.OEBCN

Judge : Joo Ribeiro
Type of Penalty : Prison sentence of 1 year and 6 months, suspended for 2 years
against physical integrity characterised as domestic violence involving the defendant MB who


The public prosecutor alleged that on 15 April 2016, at approximately 7am, the defendant
stomped on the victim's stomach and armpit. The defendant kicked the victim in the ear and
slapped the victim twice on the left ear and caused the victim to suffer pain to her stomach,
armpit and ear. A medical report was included in the case file from the Oecusse Referral
Hospital and photos from the Oecusse District Police VPU.
The defendant stated that he slapped the victim twice on the ear and did not stomp on the victim.
The public defender stated that the defendant regretted his behaviour and was a first time
offender. The defendant stated that he has separated from the victim and they have not
reconciled. The defendant also promised that he would not commit any further crimes against the
victim. The victim maintained the facts set out in the indictment of the public prosecutor.
The prosecutor stated that even though the defendant denied some of the facts, the victim
confirmed the facts set out in the indictment and also in the medical report that proves that
provides evidence about the incident. To deter the defendant from committing further crimes in
the future, the prosecutor requested for the court to convict the defendant pursuant to Article 145
of the Penal Code.
The public defender stated that the defendant confessed the facts about his actions. The public
defender stated that the defendant regretted his behaviour and was a first time offender.
Therefore he requested for the court to impose a fair penalty against the defendant befitting the
crime.
Decision
sentenced the defendant to 1 year and 6 months in prison, suspended for 2 years.

Judge : Joo Ribeiro

against physical integrity characterised as domestic violence involving the defendant JC who

The public prosecutor alleged that on 19 May 2016, at approximately 5pm, the defendant slapped
the victim twice on her left ear. This assault caused the victim to suffer pain and lose
consciousness. A medical report was included in the case file from the Oecusse Referral Hospital
and photos from the Oecusse District Police VPU.
actions, has reconciled with victim and this was the first time he had committed a crime against
his wife. The defendant has five children and promised not to repeat such behaviour against his
wife or other person.
request.
wife. The public prosecutor mentioned that cases of domestic violence are prevalent in Oecusse
in comparison with other districts. For this reason the prosecutor requested for the court to
convict the defendant pursuant to Article 145 of the Penal Code.
The public defender stated that the defendant confessed the facts set out in the indictment, and he
promised that in the future he would not commit any crimes against his wife. Therefore he
requested for the court to impose a fair penalty against the defendant.
Decision
sentenced the defendant to 6 months in prison, suspended for 1 year.


Judge : Joo Ribeiro
against physical integrity characterised as domestic violence involving the defendant CBF who

The public prosecutor alleged that on 17 August 2016, at approximately 6am, the defendant took
a branch and struck the victim once on the back and once on the victim's left shoulder which
caused the victim to suffer pain to her shoulder. A medical report was included in the case file
from the Oecusse Referral Hospital and photos from the Oecusse District Police VPU.
first time offender. The defendant is a farmer, has not fixed monthly income, and has two
children and understands that punching a person can cause pain or injury.
request.
The prosecutor stated that the defendant was proven guilty of the crime set out in the indictment,
and to deter the defendant from committing further crimes in the future, the prosecutor requested
for the court to convict the defendant pursuant to Article 145 of the Penal Code.
Decision



Judge : Joo Ribeiro
against physical integrity involving the defendant Manuel Neke who allegedly committed the
offence against the victim Amelia Seco Cabral, in Costa Village, Pante-Makasar Sub-District,
Oecusse District.

The public prosecutor alleged that on 31 April 2017, at approximately 8am, the defendant kicked
the victim once on the left fingers and the victim's suffered a dislocated finger. This case
occurred because the victim and the defendant had an argument about the victim and her
husband owing one bag of rice valued at US$ 15.00 at the defendant's kiosk but the rice had not
been paid for.
or a fine.
defendant and victim.
During this attempted conciliation the victim wanted to reconcile with the defendant, but the
defendant had to pay US$20.00 to the victim. The defendant agreed with this request and
apologised to the victim, and then the victim requested for the court to withdraw the complaint
against the defendant.
Decision


17. Crime of driving without a licence
Case Number : 0005/17.OESTR

Judge : Joo Ribeiro
Type of Penalty : Fine
On 20 January 2017 the Oecusse District Court announced its sentence for the crime of driving
without a licence involving the defendant Armando Quelo against the State of Timor-Leste in
Costa Village, Pante-Makassar Sub-District, Oecusse District.

The public prosecutor alleged that on 25 April 2017, at 9am, the defendant rode a motorcycle on
a public road and the police conducted a check and found that the defendant did not have a
licence.
driving without a licence that carries a maximum penalty of two years in prison or a fine.
first time offender. The defendant understood that such behaviour is not allowed and is against
the law. The defendant is a student at the DIT university.
The public prosecutor requested for the court to disregard the statement made before the traffic
police because the defendant confessed all of the facts in the indictment and the public defender
agreed with this request.
The prosecutor stated that every month there is a high number of such cases in Oecusse District.
Therefore he requested for the court to order the defendant to pay a fine. The defence stated that
the defendant confessed all of the facts set out in the indictment and regretted his actions.
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 60
days in prison if the defendant does not pay this fine.


Judge : Joo Ribeiro
against physical integrity involving the defendants Francisco Marques and Joo Marques
(member of F-FDTL) who are father and son, and they allegedly committed the offence against
their son in law/brother in law, in Costa Village, Pante-Makasar Sub-District, Oecusse District.

The public prosecutor alleged that on 26 March 2017, at approximately 11:00 am, the two
defendants punched and kicked the victim on the body and caused the victim to suffer pain. The
incident occurred because the victim did not want to participate in a cultural ceremony at the
defendant's house.
or a fine.
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 victim wanted to reconcile with the defendants, but the
two defendants have to give 1 tais (traditional cloth), 1 pig and US$500 to the victim. The
defendant agreed with this request, and therefore the victim also requested for the court to
withdraw the complaint against the defendants.
Decision


19. Crime of simple offences against physical integrity characterized as domestic violence1

Composition of the Court : Single
Judge : Joo Ribeiro
Prosecutor : Mateus Nesi
Type of Penalty : Prison sentence
against physical integrity characterised as domestic violence involving the defendant JL who
The public prosecutor alleged that on 28 November 2016, at approximately 10pm, the defendant
punched the victim once above her left eye, punched the victim twice in the head and punched
the victim once in the forehead and caused the victim to suffer pain to her head and forehead. A
medical report from Pradet was also attached to this case together with photographs from VPU-
PNTL.
Presentation of Evidence
During the trial the defendant confessed all of the facts set out in the indictment, the defendant
regretted his actions, has reconciled with victim and promised not to reoffend against the victim.
defendant confessed all of the facts in the indictment.
Final Recommendations
In his final recommendations, the prosecutor stated that the defendant had been found guilty of
committing the crime against the victim based on the facts set out in the indictment, and the
defendants did not regret his actions. The prosecutor also considered that previously on 21
October 2015 the Court sentenced the defendant to 9 months in prison, suspended for 1 year, but
the defendant again committing a crime against the victim.

1
Full information is available on the JSMP website at: http://jsmp.tl/wp-
content/uploads/2017/01/PrTDOeucsseKondena-PenaPrizaunEfetivafulan6_Tetum.pdf


The prosecutor requested for the court to revoke the suspension and add the most recent crime
committed by the defendant with an additional prison sentence of six months. This penalty
would be accumulated with the penalty suspended for the previous crime and therefore the
prosecutor recommended for the defendant to be given a prison sentence of 1 year and 3 months.
The public defender stated that the defendant confessed all of the facts in the indictment and has
two children. Therefore he requested for the court to apply a suspended sentence of 5 years as
well as rules of conduct to periodically appear before the police once a month so that the
defendant can continue to provide for his family.
Decision
The court found the defendant guilty of committing further crimes against his wife. The court
also considered that the defendant did not show regret during the suspension of suspension.
Therefore, the Court concluded the matter and imposed an effective sentence of six months in
prison against the defendant.

Judge : Joo Ribeiro
against physical integrity involving the defendant Xisto Saco who allegedly committed the
offence against his own brother in Nipani Village, Pante-Makasar Sub-District, Oecusse District.

The public prosecutor alleged that on 20 March 2017, at approximately 7pm, the defendant
punched the victim once in the forehead and slapped the victim twice on his right cheek. The
incident occurred because the victim was drunk and was causing a commotion at the voting
centre.
or a fine.
seek to reach conciliation between the defendant and victim.


During the trial the defendant confessed all of the facts in the indictment, regretted his actions,
and the defendant stated that he has not reconciled with the victim, even though the defendant
tried to reach an amicable settlement with the victim, but the victim did not want to.
Final Recommendations
The court found the defendant guilty of committing the crime in accordance with the charges.
Actually as a public servant, the defendant had other means to prevent the victim from behaving
in a certain way because the victim was drunk. Therefore he requested for the court to convict
the defendant in accordance with the provisions of Article 145 of the Penal Code.
The public defender stated that the defendant confessed all of the facts in the indictment,
regretted his actions, and has not reconciled with the victim because the victim did not want to.
Therefore he requested for the court to issue an admonishment against the defendant.
Decision
The court convicted the defendant and imposed a sentence of 9 months in prison, suspended for
1 year, and ordered him to pay court costs of U$20 after finding him guilty of committing the
crime of simple offences against physical integrity against the victim.
21. Crime of simple offences against physical integrity characterized as domestic violence2

Judge : Joo Ribeiro
Private Lawyer : Daniel Elu
Type of Penalty : 2 years in prison, suspended for 3 years
against physical integrity characterised as domestic violence involving the defendant EdCQ who
allegedly committed the offence against his daughter ECEC in Oecusse District.

The public prosecutor alleged that on 1 April 2017, at approximately 9pm, the defendant slapped
the victim twice on the back of the neck, punched the victim once in the mouth and twice on her
left cheek. These acts caused the victim to suffer pain to the back of her neck and swelling to her
cheek. A medical report from Pradet was also attached to this case together with photographs
from VPU-PNTL.

2
JSMP did not manage to include information about the final recommendations in this case because JSMP did not
attend the trial.


actions, and promised not to reoffend against the victim in the future. Therefore the public
prosecutor requested for the court to disregard the victim's statement and the public defender
agreed with this request.
Decision
Based on these considerations, 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$50.

Judge : Joo Ribeiro
Private Lawyer : Antonio Sombai
against physical integrity characterised as domestic violence involving the defendant MF who
allegedly committed the offence against his brother in law (CC) in Oecusse District.

The public prosecutor alleged that on 24 March 2017, at approximately 12 midday, the defendant
punched the victim once above the left eye, threw the victim on the ground and punched the
victim twice on the forehead. The incident occurred because the victim argued with the wife of
the defendant who was the victim's sister. A medical report was included in the case file from the
Oecusse Referral Hospital and photos from the Oecusse District Police VPU.
During the trial the defendant confessed all of the facts set out in the indictment, regretted his
actions, and was a first time offender. The defendant is a farmer and does not have a fixed
monthly income, and has 2 children. The defendant promised not to commit any further crimes


against his brother in law or other person. The victim confirmed the facts set out in the
indictment and stated that he is a dependent of the defendant because to date the defendant has
been supporting him.
The prosecutor stated that the defendant committed the crime against the victim, therefore to
deter the defendant from committing crimes in the future, he requested for the court to convict
the defendant pursuant to Article 145 of the Penal Code.
Decision
The court concluded the matter and found the defendant guilty of committing the crime against
the victim and sentenced the defendant to 1 year in prison, suspended for 1 year.

Judge : Joo Ribeiro
Prosecutor : Mateus Nesi and Antonio Sombai (Private Lawyer)
Type of Penalty : Prison sentence of 1 year, suspended for 1 year and 6 months
against physical integrity characterised as domestic violence involving the defendant DN who

The public prosecutor alleged that on 18 November 2016, at approximately 5pm, the defendant
choked the victim, threw the victim on the ground and stood on the victim's side and throat. A
medical report from Pradet was also attached to this case together with photographs from VPU-
PNTL.


first time offender. The defendant is a farmer and does not have a fixed monthly income and has
4 children.
request.
The prosecutor stated that the defendant confessed all of the facts in the indictment, and to deter
the defendant from committing crimes in the future, he requested for the court to convict the
defendant pursuant to Article 145 of the Penal Code.
a fair penalty against the defendant befitting the crime.
Decision
The court concluded the matter and sentenced the defendant to 1 year in prison, suspended for 6
months, after finding the defendant guilty of committing the crime against the victim.

Judge : Joo Ribeiro
Private Lawyer : Daniel Elu
against physical integrity characterised as domestic violence involving the defendant DSC who

The public prosecutor alleged that on 1 July 2016, at 8:00am, the defendant took a small chair
and struck the victim on the forehead and once in the nose and caused the victim to suffer
swelling and a bloody nose. A medical report from Pradet was also attached to this case together
with photographs from VPU-PNTL.


first time offender. The defendant stated that they have 8 children, promised to the court that he
would not commit any further crimes against his wife or other person.
request.
against the victim based the confession of the defendant. For this reason the prosecutor requested
for the court to convict the defendant pursuant to Article 145 of the Penal Code.
The defence stated that the defendant confessed all of the facts set out in the indictment,
regretted his actions, is a farmer and does not have a fixed monthly income. Therefore he
requested for the court to impose a fair penalty against the defendant.
Decision
sentenced the defendant to 1 year in prison, suspended for 1 year, after finding the defendant
guilty of committing the crime against the victim.
25. Crime of larceny

Judge : Joo Ribeiro
On 31 July 2017 the Oecusse District Court announced its decision in a case of larceny
involving the defendant Teodorus Coa who allegedly committed the offence against Lucia Elu,
in Nipani Village, Pante-Makasar Sub-District, Oecusse District.


The public prosecutor alleged that on 12 March 2017, at approximately 09:00am, the defendant
went to the beach and took an axe and cut four of the victim's weights from his net and the
witness Joaninha de Fatima caught him in the act. This act damaged the victim's net and four
weights were lost. The case file included photographs from PNTL of the net that was cut by the
defendant.
larceny with that carries a maximum penalty of three years in prison or a fine.
seek to reach conciliation between the defendant and victim. However, this process did not bear
results because the victim asked the defendant to pay compensation of US$1,000 and the
defendant did not agree and the trial continued.
During the trial the defendant confessed all of the facts set out in the indictment, regretted his
actions, was a first time offender and has five children. The defendant also promised to the court
not to commit any crimes against the victim or other person.
request.
The prosecutor stated that the defendant was guilty of committing the crime set out in the
indictment and the defendant had the intention of stealing parts of the victim's net. Therefore he
requested for the court to convict the defendant in accordance with the provisions of Article 251
of the Penal Code.
The defence stated that the defendant confessed all of the facts set out in the indictment,
regretted his actions, and works as a fisherman, but he does not have a fixed monthly income.
Therefore he requested for the court to impose a fair penalty against the defendant.
Decision
sentenced the defendant to 9 months in prison, suspended for 1 year.

Judge : Joo Ribeiro


Prosecutor : Mateus Nesi
Type of Penalty : Prison sentence of 1 year and 6 months, suspended for 2 years
against physical integrity characterised as domestic violence involving the defendant DL who

The public prosecutor alleged that on 6 April 2017 at 4pm the defendant slapped the victim once
on the mouth, punched the victim once about the eye, and slapped the victim twice on her right
cheek. The defendant also choked the victim and threw the victim on the ground. These acts
caused the victim to suffer pain to her mouth, cheek and neck. A medical report from Pradet was
also attached to this case together with photographs from VPU-PNTL.
time offender, and promised not to commit any further crimes against the victim.
request.
wife. The public prosecutor stated that the defendant was supposed to protect the victim, but on
the contrary the defendant committed the crime against his wife. For this reason the prosecutor
requested for the court to convict the defendant pursuant to Article 145 of the Penal Code.
The public defender requested for the court to impose a fair penalty against the defendant
because the defendant confessed all of the facts in the indictment, and regretted his actions.
Decision
The court concluded the matter and sentenced the defendant to 1 year and 6 months in prison,
suspended for 2 years, after finding the defendant guilty of committing the crime against his
wife.
For more information, please contact:

Luis de Oliveira Sampaio

Executive Director of JSMP
Email: luis@jsmp.tl
info@jsmp.tl
Phone: 3323883 | 77295795
Website: jsmp.tl
Face book: www.facebook.com/timorleste.jsmp

JSMP Case Summary Oecusse District Court July 2017

Enviado por

Dados do documento

Direitos autorais

Formatos disponíveis

Compartilhar este documento

Compartilhar ou incorporar documento

Opções de compartilhamento

Você considera este documento útil?

Este conteúdo é inapropriado?

Direitos autorais:

Formatos disponíveis

JSMP Case Summary Oecusse District Court July 2017

Enviado por

Direitos autorais:

Formatos disponíveis

JUDICIAL SYSTEM MONITORING PROGRAMME

PROGRAMA MONITORIZASAUN BA SISTEMA JUDISIRIU

The Oecusse District Court

A. Summary of the trial process at the Oecusse District Court

1. Total number of cases monitored by JSMP: 26

Type of Case Type of Case Number of

Article 145 of the Penal Simple offences against physical integrity 19

Article 145 of the PC Simple offences against physical integrity 4

Article 207 of the PC Driving without a licence 1

2. Total number of cases monitored by JSMP: 26

Rua setubal, Colmera, Dili Timor Leste

Type of decision Number of

Suspension of execution of a prison sentence (Article 68 of the PC) 20

Fine (Article 67 of the PC) 2

Prison sentence (Article 66 of the PC) 1

B. Short description of the trial proceedings and decisions in these cases

1. Crime of simple offences against physical integrity characterized as domestic violence

Case Number : 0003/17.OEOSL

Charges of the Public Prosecutor

2. Crime of simple offences against physical integrity characterized as domestic violence

Case Number : 0158/16.OESIC

Charges of the Public Prosecutor

3. Crime of simple offences against physical integrity characterized as domestic violence

Case Number : 0069/16.OEPMK

Charges of the Public Prosecutor

4. Crime of simple offences against physical integrity characterized as domestic violence

Case Number : 0047/17.OESIC

Charges of the Public Prosecutor

5. Simple offences against physical integrity and threats

Case Number : 0015/16.OEPSB

Charges of the Public Prosecutor

6. Crime of simple offences against physical integrity characterized as domestic violence

Case Number : 0019/16.OEBCL

Charges of the Public Prosecutor

7. Crime of simple offences against physical integrity characterized as domestic violence

Case Number : 0001/17.OESIC

Charges of the Public Prosecutor

Case Number : 0057/17.OESIC

Charges of the Public Prosecutor

9. Crime of simple offences against physical integrity characterized as domestic violence

Case Number : 0054/17.OESIC

Charges of the Public Prosecutor

Case Number : 0051/17.OESIC

Charges of the Public Prosecutor

11. Crime of simple offences against physical integrity

Case Number : 0093/17.OESIC

Charges of the Prosecutor

Case Number : 0002/17.OEPSB

Charges of the Public Prosecutor

Case Number : 0008/16.OEBCN

Case Number : 0010/16.OEBCN

Charges of the Public Prosecutor

Case Number : 0017/16.OEBCN

Charges of the Public Prosecutor

Case Number : 0012/17.OEPMK

Charges of the Public Prosecutor

Case Number : 0005/17.OESTR

Charges of the Public Prosecutor

18. Crime of simple offences against physical integrity

Case Number : 0054/16.OESIC

Charges of the Public Prosecutor

Case Number : 0224/16.OESIC

20. Crime of simple offences against physical integrity

Case Number : 0011/17.OEPMK