Association HAK (Association for Law,
Human Rights and Justice)
Court Decision in Defamation Case of
Mr. Longuinhos Monteiro SH
For Immediate Release
For More Information Contact: Edio
Saldanha Borges +670-728-4602
February 10 - On 21 January 2009 the
Dili District Court ruled on the defamation case of Mr.
Longuinhos Monteiro against the defendant Francisco Lui
alias Aquileong. The court decision freed the defendant
Francisco Lui of the charges. This means the complaint
of the defendant Francisco Liu and his attorneys of 23
August 2005, and published on 25 August 2005 in the
paper Diario Tempo titled “Three Prosecutors Engage in
Corruption, Money US$8,600” was not proved to be an act
of defamation against Mr. Longuinhos Monteiro.
To recall, at that time the defendant and his attorneys
had lodged a complaint against Mr. Longuinhos Monteiro
SH, Mr. Benevides Correia Barros SH, and Mr. Estaque S.P.
Guterres SH for Mr. Longuinhos to return Aquileong’s
money in accordance with the 6 November 2001 decision of
the investigative judge and the decision of the Finance
Minister on 7 September 2004. They also asked for a
public apology to Aquileong via the media in Timor-Leste
within one week.
Mr. Longuinhos Monteiro claimed that the publication of
the complaint in the media was an act of defamation, and
consequently requested the defendant to pay US$50,000 in
damages (indemnity) in a civil case.
To conclude the court proceedings, the Dili District
Court decided in the case that Mr. Longuinhos Monteiro
was not a victim as a result of the news, his case was
not proved. What Mr. Longuinhos felt he lost as a result
of the news was not proved, and because of this the
Court cleared Aquileong of the accusation by Mr.
Longinhos Monteiro who claimed he defamed him.
This press release is to inform the public, including
the organs of the State, of the court’s decision in
relation to the case referred to above.
We hope that the media will publicize it so that the
public will know.
Dili, 10 February 2009
Of the Case of Longuinhos et al.
§ On 18 November 2004, at
21.15 (9:15 pm) at the residence of Mr. Longuinhos
Monteiro (next to City Café), Mr. Longuinhos together
with Mr. Benevides Barros (President of the Timor-Leste
Attorneys’ Association), Mr. Estaquio Guterres
(Prosecutor) and two members of the National Police of
Timor-Leste (PNTL) forced Mr. Francisco Lui (alias
Aquileong) to give the three of them 279,000,800
§ After this incident Aquileong,
accompanied by his attorneys Mr. Silverio Pinto Baptista
and Mr. Tome Jeronimo submitted a complaint to the
Department of National Investigation (DIN) of the PNTL.
At that time the Chief of DIN, Mr. Marcos took the
complaint and indeed registered it as a criminal case
with the Prosecutor’s office as complaint No. 174.
§ When Aquileong and his attorneys
went to the Prosecutor’s office inquire about the case,
several visits over time, they were finally told that
the documentation for case No. 174 was lost,
demonstrating abuse of power in relation to the lost
documentation on the case.
§ Because the criminal case was
not proceeding, Aquileong decided to bring a civil case
against Mr. Longuinhos et al. The Civil Suit began by
delivering a summons to Mr. Longuinhos et al. on 23
August, requesting their presence at a meeting to
resolve the problem. However, Mr. Longuinhos et al. did
not attend the meeting.
§ On 25 August, the newspaper
DIARIO TEMPO published a story about the case titled
“Three Prosecutors Engage in Corruption, Money
§ Based on the news story in
DIARIO TEMPO, Mr. Longuinhos accused Aquileong and his
attorneys of criminal defamation in the Dili District
Court. Because Mr. Longuinhos, the alleged victim in the
case, is the Prosecutor-General, the Dili District Court
is not able to prosecute the case. The Dili District
Court petitioned the Appeals Court to hear the case.
Until now, the case registered as No. 107/05 is held up
in the Appeals Court.
§ Beside the criminal case, Mr.
Longuinhos also filed a civil suit accusing Aquileong of
defamation with the case file No. 82/Civil/2005/Tribunal
§ In the civil case referred to
above (Case No. 82/Civil/2005/Tribunal Distrital Dili)
the court held its first hearing on 11 July 2008 and
concluded its proceedings on 21 January 2009, with a
1.Freed Mr. Aquileong from accusations
of defamation, because the allegation by Mr. Longuinhos
was not proved. This means that the story in DIARIO
TEMPO was not proved to be defamation, but indeed
2.Mr. Longuinhos must pay the court
costs which total 10% of the value demanded (US$50,000)