“Judge Claudio Ximenes Tried to save Lucia Lobato”

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Timor Post  - Friday, 01 February 2013 - Translation from Tetum original text

The President of the Court of Appeal, Claudio Ximenes tried to free the former Justice Minister Lucia Lobato from prison by arguing in his ruling on the habeas corpus petition filed by Lobato’s defence lawyer last week that the Court of Appeal had decided erroneously in their previous decision.

However, the ruling of the President of the Court of Appeal was a minority ruling as the Court of Appeal composed of two other Judges, Judge Jose Luis Gouveia and Judge Maria Natercia Gusmao, disagreed with his reasons.

Despite being in the minority in the decision from the panel of three judges, the President of the Court of Appeal delivered his reasons that the Court had made a number of errors in their decision against Lucia Lobato.

Caludio considered that the decision in question by the Court had not been final and executable, and that the detention of Lucia Lobato because there had been other proceedings to be heard.

“In my view the applicant accused Lucia Lobato should immediately be released from prison,” Claudio wrote in his ruling on the habeas corpus which was delivered last Wednesday 30 January last.

In the meantime, her defence lawyer, Sergio Hornai said that Judge Claudio Ximenes was only one of three judges and for that reason he had to bow to the decision of the two judges in the majority who decided to reject the habeas corpus application from the defence lawyers.

“I think that despite being a minority ruling, it is still good jurisprudence, and even as a defeated ruling Judge Claudio was able to analyze in depth our request,” he told journalists last Thursday at the Public Defenders office in Balide, Dili.

According to Diario’s observations, immediately after the Court of Appeal’s decision, the defence team held an urgent meeting between Lucia Lobato’s husband, Americo Lopes and her son Mauhuran before lodging the constitutional petition with the Court of Appeal yesterday afternoon.

Approached by journalists after the meeting in question, the husband of the former Justice Minister Lucia Lobato declined to comment to the media on his wife’s case, as did her son Mauhuran.

Americo and his son were seemingly in normal health although Americo was clearly sad with his wife Lucia remaining incarcerated at Gleno Prison, but he continued to work with his wife’s legal defence team to bring justice to his wife from the Court of Appeal and that the rule of law is applied in this case.

Tétum: “Claudio Tenta Salva Lucia Lobato”

Português: Esta notícia está neste momento a ser traduzida para a língua de Camões.

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