Mozambique: Appeals court reverses verdict against man accused of blinding Josina Machel

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Mozambique: Appeals court reverses verdict against man accused of blinding Josina Machel

6:33 CAT | 26 Jun 2020

Photo: TEDx Talks

In a blow to all Mozambican women threatened by abusive husbands or boyfriends, the country’s Higher Appeal Court has overturned the conviction of the man accused of beating Josina Machel, daughter of the country’s first President, Samora Machel, so badly that she lost the sight in her right eye.

The violence occurred in October 2015, and the man accused of the assault, businessman Rufino Licuco, had been in a relationship with Josina for three years.

The case came to trial in February 2017, and the Maputo City Court found Licuco guilty of assault and of domestic and psychological violence. The court sentenced Licuco to a prison term of three years and four months.

The sentence was suspended for five years – on condition that Licuco pay his victim damages of over 200.6 million meticais (about 2.9 million US dollars at today’s exchange rates). Rather than pay up, Licuco appealed, and the verdict of the Higher Appeals Court became known on Wednesday.

The appeals judges quashed the sentence of the lower court, which means that Licuco will not have to pay Josina Machel any damages at all.

The key part of the appeal was the claim “there is no proof that the accused injured the victim because the event allegedly occurred when the accused and the victim were alone and there were no witnesses to this crime”.

Of course there were no witnesses! Abusive men do not assault their victims in front of rooms full of onlookers. But the undeniable fact is that Josina Machel has lost one of her eyes.

The Machel family issued a brief statement pointing that the Appeals Court ruling means that “justice has been denied, with very serious implications for thousands of victims of domestic violence who still believe in and seek support from our system for the administration of justice”.

“We went into this case in defence of honour, dignity and rights”, said the family statement, “and we are leaving with clean hands and with heads unbowed. One thing is certain: Josina’s blood is not on our hands”.

There is a further avenue of appeal open to the Machel family. They can appeal on matters of law (but not on matters of fact) to the Mozambican Supreme Court. It is not yet known whether the family will take this approach.