Hidden Debts: London trial postponed - AIM report
A rally for justice in the Max Love case
The sentence in the Max Love case was read on November 9, 2021, by Judge Natércia Gerónimo of the Judicial Court of Zambézia Province, central Mozambique.
It was a strange court session: the defendant did not appear, the family lawyer was there without the victim’s family members, and with only eyewitnesses; the judge arrived before the agreed time, and there was no journalistic coverage of the session.
Months later, nothing of what was prescribed in the court sentence has yet materialised:
The defendant was sentenced in absentia to 20 years in prison for shooting the young musician from Quelimane to death. And the victim’s family should have received compensation of 800,000 meticais, the equivalent of more than €16,000.
There is no clear explanation as to the delay in compensation and why the defendant is not yet in prison.
Family complaints
Ascensão Chauchane, Max Love’s uncle, says that the family sheds tears every day when they see the culprit walking through the streets of the city, without any intervention from the authorities, and is asking for justice to be carried out.
“The sentence has to be put into practice. We only received the paper, but the government has not yet exercised its role of compensating the family for the loss. We know [the defendant], we know where he lives,” but “justice cannot be done by one’s own hands,” he says.
“It is up to the court to locate him,” he adds, “to compensate the family for the damages, since he, at the time of the incident, was performing his duties as a security guard for the governor of Zambézia province.”
Last October, the Public Prosecutor’s Office, represented by Domingos Julai, suggested to the court that it issue an arrest and detention warrant against the defendant, Manuel João, but this was not done.
Petition
Max Love’s family lawyer, Saimone Macuiana, says he will file a petition with the court later this month to demand compensation. Regarding the defendant’s detention, he says that it is up to the police “to send a person to prison; it is an action of the state, it is clear in the law. Our part in helping the family is within the scope of the petition for the execution of the sentence”.
There are several similar cases in Zambézia. Some have to do with road accidents. Victims neglect to claim the compensation to which they are entitled, as is the case of Nevene Oliveira.
“There was an accident; the case got to court and we had the trial on August 20. The sentence was given and compensation [by the defendant] was not paid. But when I go to court, they say that the person who caused the accident has already paid [the compensation], but they can’t give money because they don’t have a judge to sign the check. Whenever I go there, they say they don’t have a judge.”
Shortage of cadres in justice
This week, the opening ceremonies of the judicial year took place in Zambézia, presided over by Secretary of State Judith Leite. The fight against corruption in the judiciary and greater procedural speed are the main challenges, according to the presiding judge of the Judicial Court of the Province of Zambézia, Paulo Reis.
“It must be said that, with 26 magistrates, the population of over five million is far higher than that recommended by the African Union, which is one magistrate per 100,000 inhabitants. We are at more than double: 225,000. What we mean to say is that we need more [budgetary] space, otherwise it is not possible to reverse this situation,” he says.
Leave a Reply
Be the First to Comment!
You must be logged in to post a comment.
You must be logged in to post a comment.