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[ November 20, 2017 ]

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New Hampshire Domestic Violence Case Dropped for ‘Cultural Incompetence’ of Immigrant

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Apparently, domestic violence is against the law — unless you’re an immigrant who can claim your culture doesn’t really recognize spousal abuse.

Take the Congolese immigrant who was freed of six domestic violence charges after his attorney convinced a city prosecutor that the guy lacked the proper level of cultural competency to participate in the U.S. justice system.

No joke.

Who would’ve thought Manchester, New Hampshire, was home to such a banana court?

This is the story, from the Manchester-based New Hampshire Union-Leader (thanks to Jihad Watch):

The decision is one of several questionable actions highlighted late last month by Attorney General Gordon MacDonald in a widespread critique of domestic-violence prosecutions in Manchester. MacDonald’s critique led to the abrupt retirement of veteran City Solicitor Tom Clark and has put Clark’s office under heightened scrutiny.

One questionable decision dealt with the case of Augustin Bahati, 33, who was arrested last August. According to court paperwork, he was accused of striking, pushing, grabbing, kicking and pulling out the hair of a woman who was 27 weeks pregnant at the time.

His case ended when Manchester prosecutor Andrea Muller – the domestic-violence prosecutor singled out by MacDonald – dropped six misdemeanor charges against Bahati in early March.

How Bahati avoided prosecution was spelled out in handwritten notes of District Court Judge William Lyons.

“The parties agree that the expert reports and analysis indicates that the defendant:

. Not competent

. Not restorable

. Not dangerous

Consequently, the court must dismiss the charges,” Lyons wrote on March 2.

New Hampshire law allows for charges to be dismissed when an expert determines that a mental illness or mental disability has rendered a defendant incompetent to understand the charges against him and assist in his defense.

But an associate attorney general wrote on June 12 that the law contains no provisions for findings of “cultural incompetence.”

“This finding simply does not comport with the legal requirements for a finding of incompetency to stand trial and should have been aggressively litigated,” wrote Associate Attorney General Jane Young.

In an interview, Young said her office is not aware of any widespread use of cultural incompetency defenses.

Mayor Ted Gatsas acknowledged that justice may not have been served when Bahati went free.

“Every victim of domestic violence deserves justice. We need to make sure we defend them,” Gatsas said.

Sure, everybody who’s a victim of domestic violence deserves justice — but maybe not so much justice that it harms an immigrant perpetrator, yes? Despicable.

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  • Devolutionist

    Okay put the pos in kindergarten jail.

    • blbc

      The “chokey” would be too mild.

  • Laura Mullen

    Appeal this decision! Then deport him!

    • harriet

      deport the Judge

  • OncealwaysaMarine

    Cultural incompetence, or cultural incompatibility?

    In other words, he’s too gd dumb to be prosecuted.

  • jokap12

    He’s too damn dumb to be allowed to live in this country. We’ll be supporting him and his untold number of offspring for as long as they live.

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  • Michael Buley

    “Not competent … Not restorable … Not dangerous”

    Not dangerous? How do they conclude this?

    Wrong becomes right … the indefensible is defended … the intolerable is tolerated.

    Welcome to Sharia law. Welcome to Islam.

  • JayPee

    Given the A**HOLE Courts decision
    ‘ cultural incompetence ” should be grounds for
    SUMMARY EXECUTION

  • Mahou Shoujo

    What is the problem here, more blatant islamophobia. muslims are clearly above the law, is the American legal industry unaware of shari’a. What part of this do you not understand? It is very clearly stated
    “Respected Quran scholars in the past interpreted verse 4:34 with impressive candor. Tabari said that it means to “admonish them, but if they refused to repent, then tie them up in their homes and beat them until they obey Allah’s commands toward you.” Qurtubi told wife-beaters to avoid breaking bones, if possible, but added that “it is not a crime if it leads to death.”
    There is is submit to the unchangeable and perfect law of alice.
    For non muslims, ignorance of the law is no excuse.

    • Leonard Corwin

      It appears that YOU require a good severe beating yourself, Mahou. Sharia is psychopathic bullshit, a nonsensical excuse for evil minded men to commit horrendous crimes.

      • Mahou Shoujo

        How dreadfully islamopobic, shari’a is embraced by over 50 counties already, with all of western europe accepting it in stages. You just don’t understand how perfect it is, here is a sample of its great wisdom.

        • A Muslim will not be subject to retaliation (prosecution) if he kills an apostate, since it is someone who deserves to die.

        • Parents and grandparents will not be prosecuted for killing their offspring or offspring’s offspring. This law is significant to getting those who honor kill off the hook.

        • A Muslim will not be executed for killing a kaffir (non-Muslim).

        • It is obligatory for a Muslim to lie if the purpose is obligatory, such as fulfilling Allah’s commandments of jihad.

        • Slander and exaggeration is allowed if the purpose is lawful. No guilt or shame should be associated with slander of the perceived enemy, and if it is for protecting Islam and for the benefit of Muslims.

        • Sharia has no respect for sovereignty of other nations and non-Muslims, because of the doctrine of jihad, defined as “to war against non-Muslims to establish the religion.”

        • It is a capital (enormity) crime for any Muslim who chooses to “Not perform jihad or flee from combat with (kaffir) unbelievers.”

        • It is the duty of every Muslim head of state (Caliph) to wage jihadist wars against non-Muslim nations, especially neighboring ones. Muslim Caliphs who refuse jihad are in violation of Sharia and unfit to rule.

        • A Caliph could hold office through seizure of power meaning through force.

        • A Caliph is immune (Maasum), exempt, from charges of murder, adultery, robbery, theft, drinking, and in some cases of rape.

        • A manmade government (legal system), such as democracy, is an abomination and must be eliminated.

        • A percentage of Zakat (alms) must go towards jihad.

        • It is obligatory to obey the commands of the Caliph even if he is unjust.

        • A caliph must be Muslim, not a slave, and male.

        • The Muslim public must remove the Caliph if he rejects Islam or refuses to rule by Sharia.

        • A non-Muslim cannot inherit from a Muslim.

        • No testimony in court is acceptable from people of low-level jobs, such as street sweepers or bathhouse attendants. Women in low-level jobs are not awarded custody of children in case of divorce.

        • A non-Muslim cannot rule, even over a non-Muslim minority.

        • Homosexuality is punishable by death.

        • Women are forbidden from becoming president or judge.

        • There is no age limit for marriage of girls. The marriage contract at any age after birth and consummation of marriage at age 8 or 9.

        • A husband has the right to beat his wife and does not have to say why to her family or police.

        • Rebelliousness on the part of the wife nullifies the husband’s obligation to support her, gives him permission to beat her and keep her from leaving the home.

        • Divorce is only in the hands of the husband and is as easy as saying: “I divorce you,” and is effective even if the husband says he did not intend it.

        • A wife has no right to divorce her husband, even if he is polygamous, with additional wives.

        • A man is allowed to have sex with slave women and women captured in battle, and if the enslaved woman is married, her marriage is annulled.

        • There is no community property between a husband and his wife/wives.

        • A woman inherits half what a man inherits.

        • Parents have the legal right to perform female genital mutilation on minor daughters.

        • A man must pay the woman dowry to be given in exchange for his right to her sexual organs.

        • A rapist may only be required to pay money (dowry) without marrying the rape victim.

        • A man is allowed to have sex with slave women and women captured in battle, and if the enslaved woman is married her marriage is annulled.

        • A woman’s testimony in court is half the value of a man.

        • A woman loses custody of her children if she remarries.

        • To prove rape a woman must have four male witnesses.

        • A woman must cover every inch of her body, which is considered awrah (a sexual organ). Exposing face is allowed by most, but not all Sharia schools.

        • A Muslim man will not be prosecuted if he kills his wife if caught in the act of adultery. However, the opposite is not true since husband “could be married to the woman he was caught with.” Thus loyalty is only expected from wife, and not the husband.

        • Free speech is unprotected and harshly punished if it involves any criticism of Muhammad, Islam or Sharia itself. Both Muslim and non-Muslim critics of Muhammad will be executed even if they repent.

        • The banking system must be Sharia-compliant.

        • A government must rule by Sharia and a Muslim head of state.

        • AlgorithmicAnalyst

          lol, some people don’t recognize satire :)

          Good summation, by the way.

          Forcing the banking system to be Sharia-compliant seems to be bizarre and contrary to principles of economics.

          Allis Fubar, and MuttGonad in his Profit :)

          • Mahou Shoujo

            shari’a is contrary to everything natural and decent, it is designed to exercise complete control over every aspect of human existence with immediate and severe repercussion on any infraction thereof. Anyone in favour of shari’a is either a mentally deficient control freak, a complete idiot, stupid, or all three.

          • blbc

            Most likely all three.

        • Annie

          Everytime I think of life under Sharia and the subsequent beatings
          and sexual assaults from Muslim men – I feel reassured by these
          words: “Mace to the face – and a kick to the cojones”.

          • Mahou Shoujo

            Words to continue living by.

          • Annie

            Yep. Submit? Fukk that.

          • Mahou Shoujo

            Once a person or nation submits, it is almost impossible to get back on their feet again.

          • Fred

            And a bullet to the head.

            Then bury the savage in bacon grease and then pi×× on the grave!

    • blbc

      “the law of alice?”

      • Mahou Shoujo

        “Alice” as in “Alice Akbar”.

        • AlgorithmicAnalyst

          Alice Fubar :)

          • Mahou Shoujo

            Their is no sod like alice and mutgonad is her profit, police beat upon them.

  • Xwingfighter1138

    That’s fine if he is DEPORTED IMMEDIATELY. If he kills someone, the DA and judge need to be held accountable.
    This is pure insanity and these two clowns should be disbarred.

    • blbc

      Sadly, these fools are probably afraid for their and their families’ lives. If this had been the way it has always been (or used to be!), these criminals wouldn’t be running free.

  • AR154U☑ᵀʳᵘᵐᵖ DEPLORABLE 2020
  • Mahou Shoujo

    “New Hampshire law allows for charges to be dismissed when an expert determines that a mental illness or mental disability has rendered a defendant incompetent to understand the charges against him and assist in his defence”. This is a crock of feces. If a person is smart enough to be allowed into America, they are smart enough to know and follow the law. Criminals are criminals, even if they’re stupid ones. If he is, in fact, violently mentally incompetent, then he should be in the nut house, not released in the general public.

    • AlgorithmicAnalyst

      How they can say he isn’t dangerous has me puzzled.

      • Mahou Shoujo

        That is true, maybe he doesn’t behave like the all the time, violent behaviour does not taper off, it gets worse.

  • Drew the Infidel

    What ever happened to the old maxim that “ignorance of the law is no excuse”?

  • Political_qrm

    Disgusting, isn’t it? I live in New Hampshire and It’s shameful to see this. Supposedly there will be a review, but you can bet muslims will be screaming racism (even though it’s not a race) .
    If he is mentally incompetent, though, isn’t that a criteria for deportation? It used to be: now they’re just labeled victims…

  • John

    It will be honor killings next.

  • iprazhm

    Law students learn in their very first weeks of criminal law class: Ignorance of the law is no excuse – Ignoratia juris non excusat is a latin phrase and a legal principle. It means ignorance of law is a never an excuse.
    By reinstituting Ellis Island we could be assured that if our government makes the incorrect decision of accepting refugees and immigrants from barbaric cultures, ignorance of not knowing it’s against the law to beat or kill your wife, children and neighbors can be rectified BEFORE they are introduced into American society.
    OR
    We could simply empty out Washington and start over with restoring the Constitution back to before the first time a Congress violated it.

  • blbc

    He could “learn” what he should have done from prison, just as well.

  • Eric York

    Ignorance of the laws are no excuse to break them, or get away with breaking them. Learn and assimilate, or leave. Liberal activist judges have no place in our judicial system. If we don’t take legal action, we’ll end up like Dearborn, MI and London, UK. I refuse to allow my community to end up like that. “Stop the Islamization of America” is a great place to start. Read it! Thanks, Pamela.

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