Friday 13 September 2019 -- Xanana Gusmão, the independence hero who has been president and prime minister of East Timor, was suddenly angry. With bare hands and helped by police and others, last Tuesday (10 September) he demolished the wooden fence that was installed by Marino Enterprise to protect the land this Timorese business owns in the village of Kaitehu, part of Liquica municipality.

A few days earlier the Court had issued a decision in favor of Marino Enterprise, confirming that the land belonged to Marino Enterprise and that another business, the China Harbour Lda Company had to stop using the land to process gravel (rock fragments). After that, on Monday 9 September, the lawyers of Marino Enterprise, escorted by police, went to the area to set up the fence, which was subsequently taken down by Xanana.

Tibar port

Before his drastic action Xanana had met with Marino Enterprise and requested them not to go to court against China Harbor Company, because the gravel is used for the Tibar Port project, a public-private partnership involving hundreds of millions of dollars to create a new harbor west of the capital Dili. ‘I told them: you cannot bring this matter to the court. The Tibar Port is not for me, but for the whole of Timor-Leste,’ Xanana told the public.

Xanana explained he will not take legal action. ‘I am not going to see the court. I am here to pull down their decision. They can arrest me here. To arrest or jail me in Becora prison. I am ready, in the national interest,’ Xanana said, adding: ‘This port of Tibar is not for me. It is not a hotel for me to live in.’ In the presence of police and local authorities from villages and the district, he looked at the workers of the Chinese company who were standing around him, and said: ‘I’m here ordering you to go back to work.’

Bribes

Xanana also accused Marino Enterprise of bribing the Court and the ministry of Justice to issue a decision in favor of this company. While crying he said: ‘I believe that Marino Enterprise has bribed them. I believe it happened.’

The Minister of Justice, local authorities or the police refused to comment on Xanana's actions. ‘I don't comment, don’t force me to speak,’ Justice Minister Manuel Carceres da Costa told reporters.

Ownership

Xanana stated that Marino Enterprise bought the land from the community for $ 15,000 US dollars. His own foundation tried to buy back the land, but Marino Enterprise refused the offer.

When the Justice Minister Manuel Carceres da Costa recently visited the area he confirmed: ‘This land belongs to Marino Enterprise. Marino Enterprise bought it from a community which owned it. The act of selling and buying this land has been legalised by the notary.’ He added: ‘I have signed a lease agreement with the Chinese company, but this does not include the land that belongs to Marino Enterprise. This is private land.’

The lawyers for Marino Enterprise said that if others ‘want to use this land they have to establish a contract with the owner. But my client is powerless, that’s why we take the case to the court. The court confirms that my client has the right to the land.’