Case dismissed against individual making bombs for fishing
Selasa,
- In one case the defendant was charged by the public prosecutor for being in possession of a bomb that nearly took the life of the defendant himself. According to the indictment read out by the judge the defendant exploded the bomb near his house and the defendant suffered serious injuries. However the defendant testified to the court that he found the item on 16/6/08 near his plantation which is located some distance from the community. When he saw the item he took it to his house and placed it in a cave near his home, but he did not report it to the authorities or anyone else. The bomb exploded because of the actions of the defendant himself, because he was trying to cut the bomb with a saw so that he could use it to bomb fish in the ocean. However the bomb suddenly exploded and the defendant was injured. He suffered a serious injury to his right leg and left arm which is now paralyzed.


In his final recommendation the public prosecutor suddenly requested for the court to acquit the defendant, perhaps out of sympathy for the defendant who has been paralyzed and disabled. The lawyer for the defendant did not say much, only that he agrees with the prosecutor and asked for the defendant to be acquitted.

Note: A witness summoned by the court did not testify in this case because the summons was not sent to the right person, and the witness who was summoned was not at the scene of the crime when the incident occurred.

The witness who appeared in court explained that he did not witness this incident because he was not there and did not manage the crime scene. He added that an UNPOL officer and another PNTL officer should have been summoned as witnesses because they managed the crime scene and took the defendant to the Baucau hospital.As no witness provided testimony in this case the court decided to acquit the defendant from all charges, despite the fact that the defendant was in possession of goods prohibited by law as set out in UNTAET Regulation No. 15/2001, Section 4 (7) which strictly prohibits civilians from possessing guns or explosives.