Dili, 30 Jan (Lusa) - The Timor-Leste Court
of Appeal today refused the application for habeas corpus by the former
Timorese Justice Minister Lucia Lobato, but her defense lawyer mantains a
contrary interpretation of the judgment, to which Lusa had access.
The lawyer for Lucia Lobato, who last week was
ordered to serve her sentence of five years in prison after being convicted of
economic participation in business, today told Lusa that the Court of Appeal
had granted habeas corpus to the former minister.
However, the Court of Appeal decision, to
which Lusa had access, states: "This judicial panel decides to dismiss the
application for habeas corpus made by the applicant Lucia Lobato."
The document is signed by the President of
the Court of Appeal, Judge Claudio Ximenes, Judge José Luís da Goia and Judge Maria
Natércia Gusmão Pereira.
According to judicial sources, there was an
incorrect interpretation of the decision of the majority of two judges who “overruled”
the President of the Court of Appeal, whose dissenting reasons were also
attached to the majority document justifying the majority decision.
"The application was rejected, but the
president of the Court of Appeal voted against the decision," the source
said.
The joint decision of the two judges, overruled
Judge Claudio Ximenes who in his minority decision wrote that one should
consider illegal the arrest of Lucia Lobato "because it was based on
conviction not carried over" and "order her immediate release."
"I understand that this collective
appeal court should declare void the collective judgment of the appellate
court, composed of judges Guilhermino da Silva, Cid and Deolindo Orlando
Geraldo dos Santos, who dismissed the appeal inspection on constitutionality
filed by defendant (...) and confirmed the condemnatory judgment of the
District Court of Dili by this collective being incompetent," wrote the single
judge in his justification, that did not convince the other judges.
Lusa contacted the defense attorney Sergio
Hornai, who insisted on his interpretation that the decision of the Court of
Appeal granted habeas corpus to Lucia Lobato, stating that it was based on the
information given in the declaration of the president overruling the earlier
the Court of Appeal.
According to the lawyer for Lucia Lobato,
the writ of habeas corpus, delivered a week ago, showed that there had been
procedural errors and alleged unconstitutionality committed.
The judgment of the Appeal Court stated,
"no one can point to any error in this court’s judgment delivered in the
present case, which made final and enforceable the conviction of the applicant,
so there is no false imprisonment of the same."
The former justice minister in the
Timor-Leste Fifth Government, headed by Xanana Gusmão, was sentenced on 08 June
last year to five years in prison by the Dili District Court for a crime of
economic participation in business involving a government contract.
The crime relates to a government contract
for the acquisition of uniform and equipment for warders of the National
Directorate of the Prison and Probation Service.
MSE / / VM.
Lusa / End
.
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