Tempo Semanal Edisaun 158a

PRH, Pires Determined for TL Pipeline

Comments by President Ramos-Horta and Secretary of State for Natural Resources, Alfredo Pires, indicate there are more gaps regarding the nation's natural resources than that which lies in the Timor Sea.

Timor-Leste's leaders are still at odds with foreign resources companies over the best way to exploit the Greater Sunrise oil and gas field.

Speaking to Tempo Semanal from New York last week, President Dr Jose Ramos-Horta said, "I continue to defend that the pipeline should come to East Timor".

"One pipeline [is] already going to Darwin from Bayu Undan, so this pipeline [Greater Sunrise] should come to East Timor. And if Australia is to be fair and wants to really have help neighbour like East Timor, wants a stable and prosperous neighbour, it should help East Timor with the pipeline, instead of trying take away the pipeline from East Timor to Australia," Dr Ramos-Horta continued.

The President dismissed fears that Timor-Leste was not stable enough for on-shore processing and export, saying, "This is total misinformation. East Timor is as safe as Australia and safe like any country."

While he did not comment on whether natural resource mismanagement may destabilise Timor-Leste in the future, Dr Ramos-Horta continued, stating, "There so many countries around the world where they have oil and gas that are much less safe than East Timor. Look at Nigeria and look at Iraq: are they are going to stop oil and gas exploration and production in Nigeria and Iraq?"

This position differs from that of Woodside Petroleum, the Australian company that leads the business consortium—which includes companies such as ConocoPhillips, Osaka Gas, and Shell—that intends to exploit Greater Sunrise.

A spokesperson for Woodside last week confirmed the company's ongoing position that it has abandoned the Timor-Leste pipeline option, and would decide between a floating Liquefied Natural Gas (LNG) processing facility (the first of its kind in the world), or a pipeline to Darwin by the end of this year.

"We will be pursuing the most commercially viable option for all parties involved," the spokesperson said.

The spokesperson could not reveal details about Woodside's non-Timorese processing plans or its position on national security if a pipeline was constructed to Timor-Leste, but said studies were currently being conducted to determine which of the two non-Timor-based options the company will pursue.

The spokesperson also stated that future negotiations would follow existing treaties regarding political and commercial involvement in Greater Sunrise.

The Timor-Leste Secretary of State for Natural Resources, Alfredo Pires, last week dismissed the Darwin pipeline option and continued to endorse constructing a pipeline to Timor-Leste, stating via SMS that, "It is technically possible, commercially viable and legaly [sic] merited".

Yet a February 2008 report by the Timor-Leste Institute for Reconstruction Monitoring and Analysis (La'o Hamutuk) cautions that there are more than just technical, commercial, or legal risks that a Timor-Leste pipeline presents.

The report (available at www.laohamutuk.org) is titled Sunrise LNG in Timor-Leste: Dreams, Realities and Challenges, and states, "… fragility and inexperience of state institutions, lack of human resources, inability to implement government programs [must] be overcome before a project like the Sunrise LNG plant can safely and effectively benefit current and future generations. Before companies will invest billions of dollars in a plant on our shores, they, their customers and our people must be confident that the facility will operate harmoniously for three decades or more".

The report states Timor-Leste's people need to be better-informed of their government's plans for LNG development; that adequate laws be implemented to safeguard land rights, environmental sustainability, traditional cultural values, accountable governance, and the rights of workers involved in an on-shore LNG plant; and that Timor-Leste's population be properly trained to work within such a venture.

The report recommended delaying construction until 2015 because these goals are yet to be achieved, in order to, "[give] us more time to prepare to receive its [Greater Sunrise's] benefits. Although these options may be less preferable for the companies, they would be better for Timor-Leste's people".

If the three- to six-year construction process doesn't commence until 2015, all involved parties still must agree on a development plan that incorporates this before the Certain Maritime Arrangements in the Timor Sea treaty expires in February 2013 (as stated in the accompanying illustration from Sunrise LNG in Timor-Leste). This gives the Government of Timor-Leste three-and-a-half years at most to demonstrate to the Australian Government and Woodside that it is capable of managing an LNG processing plant and associated activities in Timor-Leste.

Despite this, the Government of Timor-Leste is adamant that a pipeline to Timor-Leste can be viably managed. Last June, Mr Pires stated the Government was prepared to wait if

Woodside was not yet convinced of the Timor-Leste option, stating, "Right now if things don't progress and move in a fair manner, Timor-Leste will be pressured to take what I call the fourth option, which means to leave it [Greater Sunrise development] to future generations".

Relations with the Government of Timor-Leste and Woodside have been tested in the past, with Tempo Semanal's publication earlier this year of excerpts from a 2004 report by Norwegian company, Lucon A/S, which criticised the Australian company for misleading the Government of Timor-Leste into thinking the Timor-Leste pipeline option was unviable.

"[The National Petroleum Authority] feels that Timor-Leste option has not been given the right attention," Mr Pires said. "In particular now, we have studies from the side to proof that the Timor-Leste option is much more viable than what we've been lead to believe." 

TP Defends Stance and Promises Progress

The following is a statement made last week by Zeinal Bava, the president of Telecom Portugal. 

Telcom Portugal in a number of countries operates competitions. In all of those markets where we operate against other operators, we are leaders so we are not shy of competition.

What I can tell you is that we have a concession agreement. We invested in Timor when it was just become independent. So I think we have gone through the pains of social unrest and so on and so forth.

We have concession agreement which, in some extent, give us certain rights and certain responsibilities as well. And, as far as we are concerned, the strategic plans that we are announcing today provide the roadmap for the local government to judge our efforts against. And six to nine months from now if we are not able to deliver the result then I suspect we have to seat down with the government and discuss various options.

Having said that, as you know, the concept of competition in Telecoms goes well-beyond just having local competitor. Our competition increasing as the world wide web. So from that standpoint, in the years already a significant competition in Timor particularly in Internet site.

As you can imagine the content of my discussion with Prime Minister is private, so I will not share with you what we discussed. But what I can tell you is that we relayed to him exactly what I just told you that we are confident of the future outlook of Timor-Leste.

We are very confident of our own ability to deliver on the strategic plan. And this strategic plan—if implemented, and I think it will get implement well by us—will put Timor and will make Timor as a reference point in terms of network architecture and telecom performance in this region.

David Alex iha ai-laran 1997. David Alex in the Jungle 1997.

TEMPO SEMANAL TV

Video husi John Martinkus.

Video from John Martinkus.

Pualaka Scandal: 3 Million Misappropriated? BPA makes BNU official Pay the Price.

The Director-General Ajunto da Caixa Geral de Depositios, Succursal Banco Nacional Ultramarino (BNU) Timor-Leste, Mr. Artur Amaral Jorge was seen in Nicolau Lobato National Airport today. He was acoompanied by his wife and friends. Today Mr. Artur departed Timor-Leste for Singapore, and onwards to Portugal. He leaves after being foiund guilty of being in breach of Regulamento 2000/8 Article 36 No 3 Line A.

Mr. Artur lost his post because of complaints made against him on 13/04/2009 by Joao Alves and Luis Oliveira (shareholderss in Pualaka Petroleo) to the Banking and Payments Authority (BPA). The BPA verified the irregularities made in the transaction of  $3,029,000.00 USD from the bank account of of Pualaka Petroleo Lda. to bank accounts held in the names of Atauro Oil, and Mau Huran Printing without appropriate authorisation. The Third Shareholder in Pualaka Petroleo is Americo Lopes (click here and here for related stories), husband of Minister of Justice Lucia Lobato.

More than 100 Timorese business people have signed a petition in support of Mr. Artur in an effort to force the BPA to stop its decision to expel him from BNU. The petition states that he "is very helpful to Timorese business people", said a well known Timorese businessman who did want to be identified. There is strong pressure from high level government officials to BPA to reconsider the decision.

Tempo Semanal was told by its source close to the BNU in Dili that the BPA did not give opportunity to Mr. Artur to defend himself against the accusations.

While Tempos Semanal tried to get a comment from Mr. Artur at the airpor he refused to comment. According to Tempo Semanal sources Mr. Artur has registered a complaint against the Banking and Payments Authority (BPA).

President Horta Defends His position on Maternus Bere (Video release)

TEMPO SEMANAL TV


During the two days of National Kongress of Victims of Human Rights Violations 1975-99 Dili  8-9 September 2009 the victims and family of victims criticised the Timorese President and Prime Minister position with regards to the matter of justice for human rights abuses in Timor-Leste.





Above: Video of the Public Meeting


President Ramos Horta in his speech during the 10th anniversary of East Timor Referendum on 30 August 2009, criticised Amnesty International and other defenders of human rights inside and outside Timor and declared that he does not agree with efforts to create an international tribunal for human rights violations in Timor-Leste.




Above: Video of President Ramos-Horta defending his and the Governments decision to release Bere.

On the same day East Timor Government released Maternus Bere, the second Command of Laksaur Militia, who was indicted by the United Nations Special Panel for Serious Crimes.



Above: Second Video of President Ramos-Horta defending his and the Governments decision to release Bere.

In August 2009 Bere was arrested by the community in Suai after crossing the border from Indonesia - and handed over to police authorities - as a warrant for his arrest was issued when he was indicted in 2001 by the UN.

However, the UN Police, under their executive police mandate, allowed Bere to roam free in Suai district for 3 days and only took Bere once the community arrested him.

On 02/09/09 the UNHR Commissioner criticised East Timorese President but the UN is trying to wash their hand in terms of Justice by removed the Special Panel for Serious Crimes Unit.

For the full coverage of Mr. Bere case please read Tempo Semanal's next edition.  Tempo Semanal has obtained leaked copies of Bere's passport and other documents which reveal much about the case, including a 4 September 2009 letter from the National Director of the Timorese prison service.

Internet Exclusive: Maternus Bere Case - Breaking News: Bere has a VISA.

Tempo Semanal has just been provided with a with a leaked copy of Maternus Bere's passport.

In this passport is shows his visa and the documents also include a letter from the Ministry of Justice which justifies the release of Maternus Bere from custody in Becora prison.

Next week's edition will be a Special Edition focussing on the Maternus Bere case. 

Tempo Semanal staff are in Suai gathering the information and views about justice from victims and family of victims of 1999 violence perpretrated by the Laksuar Militia of which Bere was a Commander.

To date victims and those civilians who arrested Bere express their anger at the Government of the Democratic Republic of Timor-Leste and are very disappointed with the United Nations and especially UNMIT and its SRSG Khare who continues to have a executive policing mission, but seem "toothless" once again.

Once survivor of the Suai Church Massacre, named here as DA, who was present when Bere was arrested in Suai Market on 8 August 2009 said;

"I saw Maternus.  People yelled at him near the market, and we the victims arrested the prepretator then handed him over to UNPOL and PNTL to bring justice.  But the Government has delivered injustice to us - the victims.  An the UN has just washed their hands of us, and has finished the Special Panel on Serious Crimes. 

So if one day I get another member of the Laksaur Militia, I will make my own judgement, with my own hand."

To read more get next weeks' edition of Tempo Semanal.

*************************

For more information on Maternus Bere you can refer to the Lao Hamutuk website for complete history and information to date. 

You can also join the relevant Dont Let Maternus Bere Escaoe Justice facebook site if you wish.

Tempo Semanal Third Anniversary

Tempo Semanal will mark it's third anniversary on 28 October 2009.

It will celebrate this important date in colour.

On October 26 2006 in the middle of the Crisis, Tempo Semanal started with just $1,500, and for the first 2 years its staff worked with no salary.  Back then Tempo Semanal only had 12 staff, with limited experience, poor quality equipment or none at all.

In those days we got moral support from friends, and some small but critical help and support from Fairfax Media for some per diems.  

In terms of journalism Tempo Semanal have learned alot from both mistakes and succeses, and we have had many of both in the last three years.

Now, three years on, we thin we can proudly say that Tempo Semanal is the leading media outlet, let alone weekly print and internet paper, to uncover corruption in Timor-Leste.

Today we have 13 correspondents in across the country, with access to small salaries and better equipment. 

In 2006 Tempo Semanal had just a small circulation of a few hundred, but now it is over 3,000 copies every week.  We went from an 8 page copy to now a 16 page black and white. These newspapers reach 442 villages and more then 1000 schools in Timor-Leste every week.

To mark Tempo Semanal's second anniversary we launched our internet edition at  http://temposemanaltimor.blogspot.com/ on 28 October 2008.  Since that time Tempo Semanal's internet edition has shown that we are making very good progress.  In fact it seems sometimes more people read Tempo Semanal outside the country than inside the country.  We thank all of our 2,705 friends on facebook for reading us - most of these are Timorese working or studying abroad - people who want and need to know what is happening back at home in the land of their birth.

The internet edition has had 40,000 page views by 20,000 visitors in the last 12 months.  These readers come from over 140 countries around the world, with the top ten being Timor-Leste, Portugal, USA, UK, Australia, Singapore, Malaysia, Hong Kong, Indonesia and the Phillipines.

We always take into acount your criticims, opinions and sugestions to improve our service. 

Please advertise with tempo semanal. 

Thank you / Obrigado barak duni!

Minister of Justice Overrides Tribunal to Modify City Café

City Cafe (above)

MJ Overrides Tribunal to Modify City Café

Dili, Tempo Semanal 21 September 2009 Edition 157

Institutionally, the Ministry of Justice (MJ) and its branch, the National Directorate for Land and Property Registration has enough power to take notifications of evictions to all citizens who occupy the state's assets (for example, a house).

But according to legislation number 1/2003 (chapter three article seven), the MJ does not have power to evict City Café's owners because it is not the state's property.

According to decree 32/2008, the MJ's eviction is worthless.

Despite this, the MJ has used its institutional power to evict Mrs Rita Fatima Lopes Tsan da Costa from City Café. The aggravation this caused has led to a case being lodged with the Dili District Tribunal to confirm the rights of Timor-Leste's citizens who receive such notifications.

The DNTPSC sent the notice of eviction (number 522/272-473) on 29 April 2009 at the MJ's direction, which stated Mrs Fatima had not been successful in her attempts to retain the establishment.

Mrs Fatima was initially asked to voluntarily vacate the premises according to an established schedule, but was eventually forced from City Café through orders from the MJ.

Polemics such as this are also occurring to current occupants of Hotel Tourismo, according to a Letter of Notification Process (number 522/688-875) from the DNTPSC on 10 August 2009 that has asked occupants to vacate the hotel for a period of 30 days from that date.

Based on documents which Tempo Semanal has acquired, on 2 January 2009, the MJ—through DNTPSC—gave final notification to City Café's occupants to vacate the premises in four days, but they did not want to because they were waiting for a decision from the Tribunal.

Although the Tribunal is yet to make a decision on the case, on 8 June the DNTPSC and a security institution forced Mrs Fatima from City Café.

This attitude shows that the Minister of Justice has used her power through DNTPSC to force occupants from this establishment. A submission to the Tribunal by the legal representative for the City Café building's tenants, Rita Fatima and Ted Lay, stated the MJ has contradicted Article 10 (32/2008, points 1-3) and Article 11 (1/2003, points 1-7) of the Civil Code.

According to chapter three, article 7 of law 1/2003 which regulates administrative evictions, the MJ doesn't have competence to conduct evictions in this way, because City Café was not property of the state; as such, the eviction is based on false terms.

The Minister of Justice's letter of eviction clearly states that flats or houses such as these are private property – on what grounds then did the Minister of Justice force City Café's owners from their premises?

This eviction has also not followed appropriate process because the DNTPSC gave only four days' notification before it required the tenants to vacate the premises, alluding to a token-esque timeframe to comply with regulations.

City Café's Tribunal submission states, "Mr Lay Min Ing notified the interior Minister of Justice, Domingos Sarmento, on 14/11/2003, that the former Minister of Justice declared that, on 03/02/2003, this is the private property of Lay Min Ing".

"For these reasons, on 31/03/2005, the DNTPSC through its interim director Horacio da Silva, gave notice to City Café's occupants that the Government will not continue its contract because it recognises this as private property; the premises occupants must recognise their contract of payment with the owner," it continued.

From 2005, City Café's tenants commenced a skewed contract with the building's owner, Lay Min Ing through his son, Bobby Lay, to negotiate rent prices, but did not manage to reach a clear agreement.

"Because a clear agreement has not been reached about the price to be paid, Bobby Lay has taken civil action at Dili District Tribunal, and the Tribunal has already taken note of these matters," said Rita Fatima regarding the matter.

This submission also declared that until now, the Tribunal has not passed judgement on this case; so why did the Minister of Justice evict City Café's tenants? The facts state that the Minister of Justice's behavior does not set a good example for the future, because this is an example of discrimination against the land process and all private residences which currently are registered with the Tribunal.

In addition to this, Article 26 of the Constitution of the Democratic Republic of Timor-Leste gives all people the freedom to ask a tribunal to protect and defend their rights and legal positions, but the MJ has tried to use its power to contravene the judicial process and oppress the small people.

On 31 August 2009, Rita Fatima delivered a letter to Antonia Verdial Sousa, director of DNTPSC, attempting to prolong the DNTPSC's decision to renovate City Café on grounds that the Tribunal had not yet made a judgement; yet the DNTPSC continued with its plans to renovate the premises, stating that the decision was that of its owner, Bobby Lay. Bobby Lay had already written a contract with a man from Sagres Hotel who stated his name is Eduardo, but until now there has not been a response from DNTPSC regarding this.

In response to questions on this topic, Rita Fatima last week informed Tempo Semanal that those in her local area, Bairru dos Grilos, were very sad at the Minister of Justice's decision, which does not have a sound legal basis. According to Rita Fatima, the Government stopped collecting tax from City Café as a business because it recognised the building as private property, and consequently left rent negotiations to the owner and tenant.

"We've paid tax to the State for almost two years at a rate of US$503.00 per month. The Government may not say that we've not paid tax because we have receipts from [bank] Kaixa Jeral de Depozitu," stated Rita Fatima. She also believes that Bobby Lay has taken up the case at Dili District Tribunal because he was unsuccessful in increasing the rent charged to City Café.

"We, the occupants, will continue to wait for a decision from the Tribunal, but why has the Minister of Justice forced us out?" she continued.

"Bobby Lay recently declared that this property is his father's (Lay Min Ing), so we made a contract with them, but until now I've only heard that this is the property of Ted Lay's father. We stopped the contract with Bobby Lay because Ted Lay is my business partner," she explained.

Although Bobby Lay has lodged the case with the Tribunal, based on an official bulletin from during the Portuguese occupation, the property which pertains to City Café is owned by Ted Lay's father.

"The letter of eviction that was sent to us isn't from the Tribunal, but from the Minister of Justice because the Tribunal hasn't yet reached any decision," said Mrs Fatima.

"The [former] Minister of Justice Domingos Sarmento recognised that the property we refer to is that of Bobby Lay's father, and we ask that they give back the money which we've used to restore the building. Only then will we leave, but because they don't want to, we won't leave; as a result, they've taken this case to the Tribunal," said Mrs Fatima.

"Although we already have the letter of eviction from the MJ, we continue to hope for a decision from the Tribunal, because this case has already been registered with the Tribunal," finished Mrs Fatima.

Mrs Fatima has extended her willingness to reply with the Tribunal, and also is ready to present her testimony when it calls.

"If we win at the Tribunal, we'll certainly demand that Bobby Lay pays back our name," claimed Rita Fatima.

In other areas, the former Minister of Justice, Domingos Sarmento, conveyed in his house to Tempo Semanal that, "The MJ has definitely stopped the the contract with Rita Fatima because Bobby Lay claimed that the property is that of his father, Lay Min Ing, and has asked to hand over the property to its owner; but they have taken this case to the Tribunal because she doesn't want to".

"According to my comprehension, the eviction notice may only apply to State property, not to private property; because of this one should ask the Minister of Justice to clarify the reasons and legal base for her wanting to issue this notice," said Mr Sarmento.

The former Minister of Justice followed that this case is pending at the Tribunal which has not yet come to a final decision, but asked why the Minister of Justice delivered the eviction notice.

Last Wednesday (09/09/09) at 3:40pm, a Tempo Semanal journalist visited the DNTPSC's office to ask clarification about the City Café case which has thus far become polemic – yet the director, Antonio Verdial de Sousa did not want to give in-depth commentary about this issue. With an angry face and loud voice he told that things the DNTPSC does indeed follow the law and, because of this, the DNTPSC continues to stand strong in its principles.

According to Verdial, this case at the Tribunal is a separate matter and that it should definitely not be mixed with any others: "But those who aren't satisfied with this decision may deliver a case through tribunal processes," he challenged.

After hearing the DNTPSC director's words, the Tempo Semanal journalist tried to record them, but the director shouted to turn off his recorder.

Despite this, the Tempo Semanal journalist continued his attempts to ask about the documents delivered by Rita Fatima last Friday, but the DNTPSC director said it was not his area to deal with at all and that he'd deliver them to the Minister of Justice.

Last Thursday (10/09/09) a Tempo Semanal journalist inquired with a judge at the Dili District Tribunal about this case, who wished to remain anonymous. He smiled as he said that some prats of the Minister of Justice's work were done correctly, but the Tribunal will see to it that things follow the law.

This Tempo Semanal journalist consequently wished to confirm the situation from Bobby Lay's point of view, so last Thursday afternoon (09/09/09) he visited him at his workplace in Colmera, but a colleague said Bobby had left for Singapore. According to Mr Eduardo from Sagres, they do not have anything to do with the problems of City Café case at the Dili District Tribunal.

"We commenced rehabilitating the hotel based on the five-year agreement which we made with the landlord, but when a problem arises it is up to them to resolve it, not us," said Eduardo from Hotel Sagres in Pante Kelapa.

He added that if the rehabilitation process was to end on schedule, the hotel would commence operation on 1 October 2009. "When I received an email from Bobby that said DNTPSC has already granted the property to him, I felt that there wasn't a problem," he said.

Mr Eduardo said, "There were accusations that before the tenants intended to leave the premises, they destroyed part of the facilities inside; but in a telephone conversation on 12 September 2009, Rita Fatima informed Tempo Semanal that these accusations are not true".(ts)

Xanana Mistakenly Signs Contract with ETO (a company owned by his nephew)

Original with signed contract documentation in Tetun click here

PM mistakenly signs contract with ETO
Silverio: "that is not his fault"

Dili, Tempo Semanal
Edition No. 155 Year III - 2009
Monday, 7 September 2009

Prime Minister (PM) Kay Rala Xanana Gusmao is very serious about establishing and promoting a system of accountability and transparency which will help the management of the state’s finances, especially in areas of procurement and spending of the state budget. However, the Procurement Directorate of the Ministry of Finance has jeopardized the Prime Minister’s credibility because on 30/03/2009 this directorate presented the Prime Minister contract documents for supply of fuel to state vehicles which had the wrong contractor printed on it, with the name of Siverio Pereira Maubere from Aitula Fuels, instead of that of Nilton T. Gusmao from Esperansa Timor Oan (ETO).

This case involves similar allegations as the case where the Prime Minister is alleged to have signed a contract for the supply of rice to his daughter Zenilda Gusmao, because Nilton Gusmao is the Prime Minister’s nephew.

Because of this, some suspicions have emerged of fraud regarding the contract documents signed by the Prime Minister for ETO to supply fuel to government vehicles, in that the company ETO used another company’s name in order to win the approval for the contract from the PM
himself.

In this case, the Pm has also placed himself in a dangerous position because it is clear that he did not look properly at the document before signing it. But it is also possible that the Prime Minister and Nilton Gusmao signed the document at different times. Perhaps the Prime Minister signed first and Nilton Gusmao signed some hours later, as otherwise they would have been present and seen that the signer and signature clause did not correspond, because the documents signed were between the Prime Minister and Silverio Pereira Maubere of Aitula
Fuels. However, if the PM knew but proceeded to sign anyway, then he would once again be faced with allegations of fattening his own family though government contracts.

Nonetheless the substance of this case is pointing towards a breach of section 3 of Law 7 of 2007 on Constitutional Officeholders, which imposes prohibitions on certain commercial entities, such as would be the case if Nilton Gusmao has a shareholding exceeding 10% in ETO. This is because the law clearly states, firstly, that those commercial entities in which the office holder has a shareholding exceeding 10% are prohibited from participating in tenders to supply goods and services, or partake in commerce and industry involving contracts with the state or other public entities.

Secondly, line a), of sub-section 2. of section 3, states that commercial entities where the capital shareholding exceeding 10% is held by a spouse or son/daughter or collateral relative to the second degree of kinship, are also prohibited. Line b) of sub-section 2. of the same section 3, states that those commercial entities where the constitutional office holder, alone or together with his or her relatives referred to in line a), directly or indirectly, hold shares exceeding 10%, are also prohibiting from tendering or contracting with the state and its entities in the same way.

In order to find out what Nilton Gusmao’s shareholding is, Tempo Semanal journalists sought confirmation from the directorate of business registration of the Ministry of Tourism, Commerce and Industry, but it was uncooperative in providing the documents requested by the journalists. This type of conduct shows that the government has no commitment to fight against corruption, collusion and nepotism, despite declaring itself the leader of the fight against corruption, collusion and nepotism, which is popping up everywhere like mushrooms after the rains.

For some years now, the company Belak Fuels had been the sole supplier of fuel for thye state’s transport, but in 2007 the Timor-Leste government thorugh the Ministry of Finance, Directorate of National Procurement Services opened a public tender for Timorese companies
wanting to compete for this project.

A number of companies competed but Aitula Fuels and ETO were the winners. The tender results were announced and the companies were contracted to supply fuel to state vehicles, demonstrating the confidence of the government in their ability to perform the service. Although at present both Aitula Fuels and ETO supply fuel for state vehicles, there have been public suspicions as to discrepencies in the contract extension documents with ETO, which this newspaper has been able to access, contract No. 01-06-2008-C-40110 where the name of
Aitula Fuels Director Silverio Pererira Maubere appears, although the signature that appears on the document is that of Nilton Gusmao.

Amongst those of the public to have concerns over the document, are Timorese business persons who say it shows the lack of professionalism of the staff at procurement services, and weaknesses in the procurement law, evidenced by the lack of control over the work of
procurement services staff.

Despite these accusations, according to the National Director of Procurement, Francisco C Soares, this type of mistake is routine and critics are ill informed of the work of procurement.

Responding to these questions on Tuesday 1/9/09, at the office of Esperansa Timor Oan at China Rate, Taibessi, Dili, the director Nilton T. Gusmao dos Santos said that the public tender for the supply of fuel to government vehicles was held in 2008 and was open to the public, with a number of companies participating. The tender process and determination documentation shows that two companies, Aitula Fuels and Esperansa Timor Oan won because they submitted the best conditions and had the facilities to supply fuel to government vehicles.

When asked about the signature and name discrepancies on the contract document, Nilton said, “I think this contract was signed with two companies, one with Mr. Silverio’s company and one with us, only that the names that were written on the two contracts were the same ones, but I signed the contract myself and it was not somebody else, therefore I do not think there was any fraud involved with the documents. It was merely a technical error that I signed over Mr. Silverio’s name instead of my own,” Nilton explained self-assuredly.

According to Nilton, the contract document signed by the Prime Minister (PM) some months ago was similar to an extension, but that the principal contract was signed by the Minister for Finace Emilia Pires on 26/05/2008.

“The result of the tender shows that the company Esperansa Timor Oan and Aitula Fuels won the tender to supply fuel to government cars, but at the time the government gave them a six months trial period and because they were able to show that they could provide a good service
then the government extended their contract.”

“The contract extension the government granted at the time, was not just to one person but for the two of us, and it was because of this that at the time they wrote the wrong name, but because I did not notice it I signed it and it was only afterwards that I discovered that the name printed on the contract I had signed was incorrect,” Nilton said mockingly.

Nilton added, that because there were two contracts, with each having their own responsibilities, Aitula Fuels performing their own work by themselves and Esperansa Timor Oan did the same, only sometimes clashing when their areas of responsibilities clashed.

“I do not think there was any fraudulent manipulation in this case, because its clear.” Nilton added that when one speaks of fraudulent manipulation, there must be some intent to conceal and deceive through that manipulation, saying that nothing was neing hidden in this case
as everything went through the normal processes and the company Esperansa Timor Oan never interfered with the tender process.

“I never interfered with the tender process because I have confidence in my own capacity and conditions based on the proposal we submitted,” Nilton reinforced defending himself against the accusations.

The proposal and bid security for the tender for this contract was for 5 years, but the government only granted a contract for six months because they wanted to see how they performed in the contract. “This agreement stipulates that when we performed satisfactorily then of course each year the government would extend our contract until the fifth year, but if in the middle of that contract term the government felt our contract performance was unsatisfactory, then the government could automatically terminate the contract because the government does not want anyone to play with the contract,” Nilton recounted.

Grave doubts have emerged from the information obtained by the newspaper from the director of the company Esperansa Timor Oan, that the total budget they submitted for the five years was nearly US$8,000,000, but when we look at the second contract for the period between 1 January 2009 (12 months) that has a budget of US$2,000,000.

When Tempo Semanal journalists went to Aitula Fuels to clarify the questions referred to, the Director of Aitula Fuels Silverio Pereira Maubere said, “When the dispatch came down from the Prime Minister there was only his name, but at that time the two companies had won the tender, with the company Aitula Fuels coming first and the company Esperansa Timor Oan came second but the dispatch paper which came down was only in my name, but instead ETO’s name before they signed and because of this we don’t think it is a problem,” Silverio followed up.

According to Silverio, there is no indication of manipulation with this issue but it was merely a technical error because at that moment it was he himself who signed first on 26/03/2009 then afterwards Esperansa Timor Oan went to sign on 30/03/09, “but before Nilton was about to sign he himself rang to seek clarification on this issue but I told them not to worry and that was a technical error,” Silverio explained.

Responding to the question that possibly someone had deliberately manipulated the contract using his name, Silverio, confessed that he had no knowledge of any such manipulation, but it was merely a technical error by the staff who had prepared the contract for signing.

Aitula Fuels submitted a budget in the amount of US$2,981,105 for the 13 districts per annum and for the 5 years a total of almost US$8 million and a half.

Though the two companies won the tender each works in their pre-determined zones, with Esperansa Timor Oan taking care of Lautem, Baucau, Viqueque, Manatuto, Oecussi and Dili districts, whilst Aitula Fuels looks after Aileu, Ainaro, Same, Suai, Liquica, Ermera, Maliana
and also Dili District.

On the 02/09/09 the director of procurement Francisco Burlaco told Tempo Semanal that it was correct that there had been a technical error made to the Esperansa Timor Oan contract where it was written Aitula’s Fuel name instead, because of this, according to him there was no indication of any tampering with the contract because these contracts should correctly have had printed on it each company’s name, but because the kids incorrectly wrote in Aitula’s name on all the documents, which was later amended.

“This is merely an issue of the technical error so there is no impact to the budget process because we have corrected the incorrectly written name and there is no indication of tampering,” Francisco defended. Responding to accusations that procurement’s work was below standard, Francisco said, that we all have to understand that the kids have a lot of work to do, so mistakes are normal.

“Yes there was the problem with the name, but the amount was not the same because Aitula could not have taken responsibility for its work areas referred to because in the contract it was shown that this area was Esperansa’s so Esperansa was suppose to sign but because a technical mistake in administration is normal and the accusers do not know what they are talking about because they do not know the technical processes involved. As I said today I know there was a technical error in incorrectly inserting the name but also in the amount of money, but these mistakes are normal,” Francisco ended.

But Timorese businessman Rui Castro said, if someone legally challenged this contract, then it would not be simply dismissed as a technical error but involves legal issues, because there are
constitutional issues, and it gets worse when you start talking about who it was who signed the contract, and for that very reason it is not just a technical error because when you sign a contract either you do it according to the law or you do not, because if you do not, then its illegal.

This document is the total responsibility of procurement, so for that very reason, when a contract has to be delivered for the contractor to sign they have to exchange opinions as to its state so they can rectify anything that is incorrect, not to just let it go until it is
made public.

“If the contract has been able to fall into public hands it means that the people working in procurement have the intention of spoiling the PM’s government because when in front of the PM they kneel but behind his back they think something else and do something else,” Castro
explained defending the PM. “I don’t think this is the first time this has happened but there are
cases involving many members of government.”

Castro said that if it had been up to him “administrative action would have been taken
against the staff responsible for drafting the contracts, the Minister for Finance must hold the Director General Francisco responsible as well as the director of procurement, so the PM must hold them responsible.

“For me this issue is an attempt to smear the PM’s name because people to whom the PM has given his trust to manage the contracts are not working in good faith and because of this they have manipulated things so that the incorrect documents were presented to the PM for his
signature,” Castro said aggressively.

Castro added that, this error was not by the company because Nilton did not prepare this contract so if there is anything to be investigated it should be the people who should be investigated especially the head of the department where the PM signed the contract. “When we speak of shareholding exceeding 10% as prohibiting access to contracts from the government all of FRETILIN’s contracts were illegal because at that time Amat Alkatiri (Belak Fuels) had the contract to supply fuel to government cars but no one questioned the government for the three years, so why should we question Nilton,” Castro concluded.

Internet Exclusive: Timor Leadership Threatened By High Court

TL High Court Theatens to Arrest The Timorese Leaders

The head of the Court of Appeal, Timor's highest court, Mr. Claudio Ximenes has declared that he will seek to bring to justice those wjo released Marternus Bere from Becora Prison on August 30th 2009. Claudio Ximenes in his statement said, "those authority is not judge have no power give order to freed someone from the prison whom been order to be jailed by a judge."

Acording to East Timor Penal code article 245, section 1 stated by Mr. Ximenes said who ever with illegal action freed from prison those acording to the law has lost their freedom or help the person to escaped would receive prison terms minimum 2 years and maximum 6 years imprisonment.".

East Timor Prime Minister Xanana Gusmao after his meeting with East Timor President Jose Ramos Horta in the Presidential Palace on Thursday responded, "I am ready because I did released him." The Former East Timor head of state challenge the High Court braveness by said, "I know where Becora prison is so as soon as a court sentence I will go there my self."

The Marternus Bere released case is hit the division of the state institutions too. On 08/09/09 the Parliament vote against President horta Trip to New York and make the 1996 Peace Price winner angry and threaten to resigned if the Parliament would not retrieve their vote. The case of freed Marternus Bere has creat a division among the victims and Leaders of the country. After a sunday mass in Suai church Marternus Bere was beaten up by the community near the market. Later Marternus was taken to a police station for questions and his pasport was removed. He then taken to Becora Prison for a three years preventative detention but less then a month the state leaders intervene in the Judicial process for his released.

Tempo Semanal on Front Page of Pacific Scoop

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