Domestic Violence Case Against African Immigrant Dropped for ‘cultural incompetence’


You can’t hold an African ape to the same standards as the white man in a court of law. To do so would be racist. Cultural incompetency is the new wrinkle in defense. Liberals have to love this new legal doctrine.

Union Leader

MANCHESTER – A Congolese immigrant escaped prosecution on six domestic-violence crimes when his lawyer convinced a city prosecutor that he lacked the cultural competency to participate in the American justice system, according to court and public records reviewed by the New Hampshire Union Leader.

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.

Gatsas, a self-made millionaire businessman with no legal training, took over day-to-day operations of the office nine days ago when Clark announced his retirement.

On Friday, Gatsas said he has twice met with the staff at the city prosecutor’s office, and he expects the office will meet any deadlines and tasks spelled out by MacDonald on June 29.

“They’re all pitching in to get things in place,” Gatsas said. Seven lawyers, including Clark and Muller, comprise the city solicitor’s office. Gatsas said he has had no contact with Hillsborough County Attorney Dennis Hogan, who did not return a telephone call seeking comment on Friday.

Gatsas said he will present aldermen with a plan for the solicitor’s office when they meet on July 18.

MacDonald and Young have demanded that Muller be closely supervised and attend training sessions. But they have not publicly called for her termination from the $75,000-a-year job. Gatsas said Muller’s future will likely be addressed July 18.

MacDonald’s critique included a list of tasks that Gatsas must oversee.

Prosecutors must review all cases where domestic-related charges were dropped in exchange for promised counseling, therapy or similar actions. Protocols must be written for case management, employee supervision, record keeping and training. Checklists and forms must be created to better organize cases.

MacDonald set out a timetable for the organizational work, and he established a deadline for action in the Bahati case.

By July 14, city prosecutors must consult with MacDonald’s office to determine if charges can be resurrected against Bahati, MacDonald wrote on June 29. Charges must be filed by Aug. 4 to avoid the expiration of the statute of limitations, he noted.

Bahati’s case proceeded slowly after his arrest in August, according to court records. He was initially jailed, but released on his own recognizance in September. In November, his lawyer raised issues of competency and asked for an evaluation.

The state had to provide a Swahili interpreter for court hearings and the evaluation.

“The six domestic violence charges against this defendant were dismissed because Attorney Muller did not challenge the finding of the forensic examiner that Bahati, who is of Congolese origin, had ‘cultural incompetence’ with regard to the United States system of justice and was consequently not restorable,” Young wrote on June 12.

Young went on to write that if the charges are resurrected, an assistant attorney general will assist Muller with the case.

There’s not a word in the story about doing the obvious, which is deporting the worthless, violent parasite.

But that would be waycissssss.

22 thoughts on “Domestic Violence Case Against African Immigrant Dropped for ‘cultural incompetence’

  1. Stupid Brits. I often make court appearances here in Zimbabwe….you could be forgiven for thinking you are in an English court,minus the white faces of course. The Magistrates even wear the old colonial style wigs,and use the gavel etc. The defendent, no matter how stupid he may be is all ” yes your honour/your worship etc” and will be quaking in his boots, because,believe me,strike a woman here and you get the book thrown at you. Strike a woman severely and you are up for assault with grevious bodily harm and that’s mandatory jail time. Realise that jail here is purgatory! Remember there are local women’s rights groups in Africa too that agitate for stiff penalties against abuse of women. Stupid YT makes excuses for these people where no excuses are necessary. The law in all African countries is a carbon copy of their former colonial masters. So a Black immigrant is 100% aware of the law in his host country because that is the same law back home.

      • Interesting. Thanks for sharing your experiences.

        It’s American liberals who want to make excuses for these cockroaches. We used to call them bleeding heart liberals because they always had sympathy for the perp and none for the victim.

  2. The logic in this ruling makes zero logical sense. Not competent (he doesn’t understand what is occurring or what has occurred). Not responsible, hence since he can’t understand we can’t hold him responsible. Not dangerous, whoa, hold up a minute. There’s a whole bunch of crazy violent thugs that would like to use that as their “Get out of jail free” card.

    Off topic: there’s a case in Moorstown NJ of two home invaders who were stabbed by the homeowner. The family of the dindu that died says it’s all wrong, he’s a good boy, it’s a set up. The second perp fled so it’s homeowner’s story only.

  3. The law only cares about women victims if white men assault them. If Coon men beat women – nobody gives a shit. This seems racist to me, a black mans wife is considered to be garbage (and his property) by the Western nations legal system. This is the ugly truth of Multiculturalism.

    the defendant:

    . Not competent (( big lie, he is not insane

    . Not restorable (( to Africa one presumes

    . Not dangerous (( what horse droppings, he is violent and dangerous.

  4. Brilliant, they’ve finally admitted in court that these things are not human and need to be treated differently than white people. There’s no coming back from this, the nigger must be treated differently in a court of law because they are too stupid to be held to the same standard as whites.

  5. Turns out the animal took classes on US Culture/legal system. Were the people who assessed the animal, aware of that fact, before coming out with this dubious diagnose of “cultural incompetence?” I have spoken with three lawyers about this, they’ve never heard about this sort of”defence.”

    That case is really pissing me off

  6. Joining the list of animals unfairly getting favourable justice, strictly because of their shitskin colour is this fine specimen:

    Meet somali affirmative action superstar mohammed noor, seen here with rag-headed fans.

    We’ve been living with AA for 56 years now, thanks to red-in-a-closet jfk. Until we live in a meritocracy, led by meritocrats, nothing will change. But we can’t have that, as we all know, that would make such a society almost entirely White…

  7. Immigrant domestic abuse codependency symptoms: Does not learn English, drive, or vote; No smartphone, EZ-Pass, indoor pets, internet or cable television; Frequent visits to birth country.

Leave a Reply. Comments Policy Forbids Insulting Other Commenters.

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s