Dili, April 15, 2025 (Média Democracia) – The assistant of the victim, Zizelma Maria de Fátima Verdial Gonçalves, Eustaquio Guterres, has officially submitted an appeal to the Dili District Court (Tribunal Judisial Primeira Instansia Dili – TJPID). However, the process still depends on the timeline determined by the competent authority to proceed further to the Court of Appeal.
“Today we submitted the appeal. In our appeal, we based it on the decision applied to the defendant MSDC, who was sentenced to three years imprisonment with a four-year suspension. We have valid reasons and grounds for filing this appeal,” said Assistant Eustaquio Guterres via WhatsApp message on Monday (April 14).
Eustaquio stated that the appeal also mentioned the motorbike used by the defendant, which was operating with falsified documents, where the registration number did not match and the motorbike belonged to an NGO. Additionally, the incident was recorded on CCTV, which has since gone viral, showing the scene of the accident.
“That’s why I also consider this as a case of document falsification. But everything related to the incident, especially the accident that resulted in the death of victim Zizelma, is fully presented in the appeal,” he affirmed.
He further explained that his side does not accept the court’s decision which sentenced the defendant MSDC to three years of imprisonment, suspended for four years, as he considered it unjust. Therefore, as an assistant to the victim’s family, he filed the appeal to TJPID.
Regarding the replacement of Prosecutor Benvinda do Rosário, this is under the competence of the Prosecutor General of the Republic (PJR). Although Eustaquio acts as an assistant to the late Zizelma’s family, he explained that his actions were based solely on his commitment to help submit the appeal, believing the court’s decision was unjust and not educational, especially for a case where the penalty was set at three years with four years’ suspension.
“But we are all waiting for the Court of Appeal to review our appeal, to assess the merits and grounds we have submitted. After their review, it will be up to them to decide,” he added.
He also pointed out that the timeline for the decision, including the number of days or months to expect, depends on the Court of Appeal’s schedule. Regarding this appeal in the case of the late Zizelma, he asked the family to be patient while awaiting the court’s decision.
He clarified that the appeal was not submitted solely by him but, according to the available information, the Prosecutor General will also assign another prosecutor to replace Prosecutor Benvinda do Rosário.
“This means that the Prosecutor General also did not accept the decision of the Dili District Court. I believe the prosecutor is now preparing an appeal as well. Therefore, I ask journalist friends, if you need more information, please contact the PJR,” he stated.
Earlier, on March 18, the Dili District Court through Judge José Gonsalves had issued a decision sentencing the defendant MSDC to three years’ imprisonment, suspended for four years. This was related to the suspicion of having fatally struck Zizelma Maria de Fátima Verdial Gonçalves in the Delta area while she was crossing at a zebra cross on March 13 this year.
Prior to this, Assistant Eustaquio Guterres had also mentioned that, as an assistant for the late Zizelma’s family, once the decision was handed down and received by the Public Prosecutor, they were preparing an appeal to contest the decision by the Dili District Court which sentenced the defendant MSDC to three years’ imprisonment, suspended for four years, for fatally hitting Zizelma Maria de Fátima Verdial Gonçalves in the Delta area, Funan Buras, on Friday, March 13.
“As the assistant to the victim, the decision has already been issued and I’ve received the notification from the court regarding the case of Zizelma Maria de Fátima Verdial Gonçalves. The court’s decision was only just notified to me, and I will coordinate with the Public Prosecutor to submit the appeal against the court’s ruling,” Eustaquio told journalists at the TJPID building in Caicoli on Tuesday (April 1, 2025).
The assistant also stated that the appeal was ready and they were only waiting to submit it. “We have a 30-day deadline to present the appeal, and I will coordinate with the Public Prosecutor who holds authority over this process to ensure the appeal is submitted against the decision handed down by the court,” he affirmed.
He concluded by saying that he would not disclose the detailed arguments presented in the appeal at this stage. “The appeal is ready and now we are just waiting to submit it to challenge the court’s decision,” he said.
For context, Zizelma Maria de Fátima Verdial Gonçalves was fatally struck by the defendant MSDC, who was riding a Honda Beat motorbike, in the Delta area, Funan Buras, on Friday, March 13 at 8 PM last month.
The traffic accident caused the victim, Zizelma Maria de Fátima Verdial Gonçalves, to suffer severe injuries, ultimately leading to her death. Following the accident, the police immediately detained the suspect MSDC for 72 hours.
On July 28, following a summary trial, Presiding Judge José Gonsalves sentenced the defendant MSDC to three years in prison, suspended for four years, and ordered the payment of $5,000 in civil compensation for material damages to the family of the late Zizelma Maria de Fátima Verdial Gonçalves, as the defendant’s actions had caused her death.
This court decision has caused dissatisfaction between the victim’s family and the defendant at the Dili District Court, as the victim’s family considered the sentence unfair, especially since the defendant’s sister had also suffered serious physical injury, reportedly falling unconscious and is now expected to draft a will at the Guido Valadares National Hospital.
Report : Estefania
Photo : Estefania