ETIMOR: Reinado unlikely to be in custody for December trial
Updated
The date set for the trial of the controversial East Timorese fugitive Alfredo Reinado is fast approaching. Despite a warrant issued for his arrest, the former head of the military police remains on the run since escaping from a Dili prison over a year ago. The case has exposed the rift between not only between the new government and Fretilin opposition but between the President and the Judiciary.
Presenter: Karon Snowdon
Speakers: Fretilin MP, Jose Texeira; Head of the Prime Minister's taskforce, Joachim Fonseca
SNOWDON: The government of East Timor says it's trying to avoid re-igniting some of the terrible violence which tore the country apart 18 months ago. In the case of its most famous fugitive, that's through waiving an arrest warrant and negotiating with Reinado for the terms of his surrender. This approach, like the events which led to the charges of rebellion, murder and attempted murder he faces has split the nation. Now with the trial date of December the 3rd fast approaching the closest thing Timor has to a parliamentary opposition - the former government party Fretilin, is upping the ante. Fretilin MP, Jose Texeira says he fears renewed communal violence will precede the trial date.
TEXEIRA: Since before the crisis even in 2006 there has been an eroding of the authority of the states and I believe that the trial of Reinado and his co-accused will cause instability because I think they do not want that to go ahead.
SNOWDON: In his many media interviews Reinado says he wants justice for himself and East Timor, but has little faith in the justice system. He accuses its mostly Portuguese speaking international judges of bias in favour of his enemy, Fretilin. Now a leaked letter from the judge set to hear his case has come to light with explosive criticisms of President Jose Ramos Horta. Judge Ivo Nelson has written to the Prosecutor General. It's dated November the 9th and the judge accuses the President of violating the constitutional separation of powers by waiving the arrest warrant for Reinado - an action the Judge says is illegal. He adds that the Australian commander of the international security forces and the UN's special representative Atul Khare are also to blame for threatening judicial independence by their support for the President's order. Jose Texeira says neither the President, the Prime Minister, nor Parliament have the power to override the court.
TEXEIRA: The independence of the judiciary is absolutely essential in any country. Once you start to cut across that then that establishes a very dangerous precedent for constitutional democracy and the rule of law. And this is our concern.
SNOWDON: So is Fretilin calling for Alfredo to be brought before the court on December the 3rd come what may?
TEXEIRA: Fretilin's position has remained consistent. Alfredo Reinado and his group who were key elements in what transpired as the political military crisis should confront justice.
SNOWDON: In efforts to resolve the stand-off with an armed Reinado and his group of supporters hiding in the hills, Prime Minister Xanana Gusmao has formed a taskforce. The head of the taskforce, Joachim Fonseca says there's been some progress in the three meetings he's had with Reinado. He adds his priorty is to avoid the use of force in bringing Reinado to justice and not to meet a particular deadline.
FONSECA: The taskforce does not necessarily now have to work with those states. We understand that we cannot compromise justice but also it is important to understand the complexity of the problem and that we have chosen to negotiate, it's very important to uphold appropriate time for dialogue.
SNOWDON: When you say justice is the object on both sides, does that involve Reinado facing a court on murder charges?
FONSECA: Reinado himself has stated on various occasions that he will do so.
SNOWDON: You said that it needs to be understood, the complexity behind this case. Would you explain if you will why this case involving Reinado and trying to resolve it is so complex and so difficult?
FONSECA: Well it is related to the complex situation which has led this country to a crisis last year and in a way we inherited this problem from the previous government, and while the government is very committed to resolve the problem, it is very important to also to take into account other decisions which have been made before, and making sure that the same mistakes are not repeated. When you know that, these involve both political aspects as well as military aspects, not only justice.
