Augustin Bahati doesn’t appear to be a Muslim; this does not seem to be a Sharia wife-beating case. Its significance for the global jihad, however, is immense: the domestic violence charges against Bahati were dropped because he “lacked the cultural competency to participate in the American justice system.”
This is a massive opening of the door to Sharia. Sharia wife-beaters, doctors who practice female genital mutilation, and Islamic supremacists of all kinds who break various American laws may begin to be found to be “culturally incompetent” to stand trial: what they did was acceptable in their culture, and so cannot be prosecuted in ours.
This ruling must be overturned, and swiftly, or it could result in nothing less than the breakdown of the American principle of equal justice for all, as immigrants can claim “cultural incompetence” to justify their flouting of American law in innumerable contexts.
“Manchester domestic violence case dropped for ‘cultural incompetence,'” by Mark Hayward, New Hampshire Union Leader, July 8, 2017 (thanks to Keith):
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….
HugoHackenbush says
If the ruling stands then can it be used as a precedent to argue against immigration from certain places due to “cultural incompetence”?
PATRICIA FRANCES KOENIG says
This legal decision is appalling and wicked! And it is a new concept in the US legal system. Never before, has “cultural competence” been necessary to convict for an offense. The old adage is: “Ignorance of the law is no excuse.” It is really designed for Sharia Law…but it will be able to be used in many other cases. If this ruling stands (and it probably will with the current climate of judges) crime will increase and victims will be ignored.
John Forbes says
WHY is the US legal system issuing such ridiculous sentences & backing them with UTTER NONSENSE ?
There are TWO standards all over the WEST ! A far lesser APPEASEMENT standard for MUSLIMS & a harsher one for the RESIDENTS ???
ALL of us need to DEMAND that this STOP & the rules & laws be applied equally !
This continually appeasement must STOP !!
gravenimage says
He is not Muslim–but he is a third world thug, and many wife-beating Muslims will also take advantage of this repulsive ruling.
clap says
If you’re too incompetent to take part in the American justice system, then you’re too incompetent to be in America. Deport him now.
gravenimage says
Spot on, clap.
Guest says
And if you’re already a citizen, you’re too incompetent to be free on the streets. Lock up or deport!
gungadin says
It is SAD how quickly arsehole lib judges can fork up our judicial system. Disbar him !!
eagle nest says
You put the Lib’s in-charge anywhere, they screw up and distort, wreck ruin and destroy. Look at Keith Ellison and the DNC, CAIR and the whole Democrat party.
Dave says
Dismiss the jokers involved including the judge.
andra says
Welcome to the brave new West. In Germany this way of ignoring domestic law in favour for the one of the land of origin has been standard for the last twenty years, I´d say. It usually comes along with domestic violence (including murder), “honor killing”, and rape.
mortimer says
I always heard police and authorities that ‘IGNORANCE OF THE LAW IS NO EXCUSE’.
Well, now ignorance of the law has been accepted as an excuse by a learned judge! What’s wrong with the law schools of today.
andra says
They are ruled by the left, that´s all. And believe me, for you the old rule that ignorance of the law is no excuse is still in use.
In Germany e.g. you may enter the country without any kind of ID on you. But if you are a German and your ID is no longer valid, you can be put in prison if you do not prolong it.
The Point is that justice today is always depending on your home country and religion, not on common law or common sense.
Tom says
This type of appeasement is the creeping that allows for a special status of person to be established, and it certainly won’t be you or I.
It will be those who profess to not understand our laws but who can certainly understand that law of the jungle, Sharia.
Troybeam says
Just another excuse that Islam has termed so they may continue to live in a sharia based society. The more a nation refuses to abide by its legal system and allows for cultural incompetence be used as an excuse by Islam the more they will fall into the legal trap of sharia and the nations laws will not matter any longer.
Time for our Judicial system to under training in understanding the meaning of protect defend and UPHOLD THE CONSTITUTION, People from other nations are put into jail for the same offense why does Islam receive a “get out of jail free card”?
Eagle Nest says
I say turn him lose on Linda Sarsour.
Manual Paleologos says
Back when the West had balls, Sir Charles Napier ( British Army’s Commander-in-Chief in India) said:
“Be it so. This burning of widows is your custom; prepare the funeral pile. But my nation has also a custom. When men burn women alive we hang them, and confiscate all their property. My carpenters shall therefore erect gibbets on which to hang all concerned when the widow is consumed. Let us all act according to national customs.”
gravenimage says
+1
Diane Harvey says
What must be applied is the Rule of General Napier which Napier used to stop the Hindu practice of sati (=murder of a widow upon the death of her husband). Otherwise, we (and in this case, Bahati’s beaten wife/girlfriend) will not have Equal Protection Under Law.
“Be it so. This burning of widows is your custom; prepare the funeral pile. But my nation has also a custom. When men burn women alive we hang them, and confiscate all their property. My carpenters shall therefore erect gibbets on which to hang all concerned when the widow is consumed. Let us all act according to national customs.”
American law for people in America. Given that the criminal law in this NH case in fact applies, and given that this judge is bound and determined to subvert the law, then further statutory language will be required so that the Rule of General Napier applies.
traci94 says
This is insane!! When we bring immigrants over here, they shouldn’t be just dropped off somewhere; we should force these people to take classes and tell them AMERICA IS NOT LIKE YOUR COUNTRY! We have laws that WILL be enforced, just because you do something in your country does not make it OK here. Our nation will not survive if immigrants don’t have to obey our laws because they don’t “understand” them. Obama used to talk about our “shared” values with other countries; that’s BS. I’m sorry, but most of the world does NOT share our values – treating others as we want to be treated, equality before the law, decency, treating others with respect, the rule of law…
John A. Marre says
So morons are now allowed to commit violence.
Westman says
“…striking, pushing, grabbing, kicking and pulling out the hair of a woman who was 27 weeks pregnant at the time.”
Not dangerous !!
He should expect an invitation at any moment from our patriots, Barbra Streisand or Alec Baldwin who haven’t been able to migrate to Canada for unknown reasons. Since Hawaii keeps interfering with the immigration ban, yet takes hardly any itself, perhaps the arrivals swamping Italy could be sent there?
It’s amazing that a hypocrite state would have standing in the cases.
Robert Crawford says
So send him home, where he will be “culturally competent” AND no longer a burden or danger to Americans.
Mary says
Agree with you! We don’t need these savages here.
Wellington says
Ominous and stupid legal reasoning.
WPM says
Thanks for the link RCH
Like the Islamic terrorist in Egypt killing the Coptic Catholics on pilgrimage bus to a Holy site, the Islamic terrorist Killing Hindus on pilgrimage bus to a Holy site. Islam spreading misery every where in the world among all people.
DRHazard says
Following Islam to the letter does not make you incompetent, it makes you a good Muslim. Western liberals, however, refuse to believe this, that the Quran and Hadith are full of hate speech and incitement to violence and murder.
This criminal should go to jail and his religion should be banned. As far as I can tell that’s the only solution to Islamic terrorism; Islam should be declared a terrorist organization (since it is).
gravenimage says
He isn’t a Muslim–just a thug from another disgusting part of the third world.
somehistory says
Since the time of being a child, I have heard that “ignorance of the law is not excuse” and that people are arrested, charged, prosecuted and jailed for breaking laws of which they had no knowledge.
Bu this creature gets away with violent abuse of a woman with child and the excuse is that he didn’t know ‘the culture.”.
If an ordinary, non-moslum person pulls the trigger on a gun, thinking there was no ammunition in the weapon, and injurers or kills another, that person will be charged. Not having knowledge of the bullets will not excuse that one from all punishment. Not having knowledge of the fact that ignorance of the law is no excuse, and not knowing that he will be charged in such a situation, is no excuse. The fact that it is an accident will not insure that he does not get arrested, charged and punished.
This scum knew what he did would injure the woman and possibly her baby. That is why the did it…he had the intent to hurt her and he acted on that intent. Whether or not he knew the “culture” of the State and its laws, shouldn’t be a factor here. He certainly won’t learn it by going away free after what he did…with intent to do bodily harm. The only lesson he will learn is that he got away with it once…and will do it again.
NotAFool says
If he’s ‘culturally incompetent’ then whoever is responsible for him being in the community he abused should be held responsible for his actions.
Guest says
If They’re not willing to learn our laws and culture then they don’t belong here.
TL says
It would be premature to assume that this “Congolese immigrant” or the woman are welfare parasites, but it IS fair to suspect it. Also, now is a good time to recall an interesting essay by John Derbyshire.
The Talk: Nonblack Version
http://takimag.com/article/the_talk_nonblack_version_john_derbyshire/print#axzz4mSNrKz92
Flavius Claudius Iulianus says
A recent spat of American judges writing new laws on-the-run.
Steven Hulbert says
“he was accused of striking, pushing, grabbing, kicking and pulling out the hair of a woman who was 27 weeks pregnant at the time.” Worked in LE, worked in a courthouse. Being from the Congo doesn’t excuse the brutality he inflicted on his pregnant wife. Andrea Muller must be an advocate for spousal abuse and the jury must have been beyond stupid. There is absolutely no justification for his crimes, but this is New Hampshire and liberals have ruined the justice system already, Muller should resign
Ian H says
Apparently ignorance of the law IS an excuse. Who knew!
gravenimage says
New Hampshire: Domestic violence charges against immigrant dropped due to his “cultural incompetence”
………………………….
Augustin Bahati seemed to be quite “competent” at beating his wife, though…
gravenimage says
Thanks for the link to that appalling story, RCH.
Dick Turpin says
Either we have the rule of law or we don’t. This is ridiculous.
Islam_Macht_Frei says
A classic example of the “soft bigotry of low expectations.”
Barry says
So when he does it again will he still be ‘culturally incompetent’? When does one become ‘culturally competent’? We need leftard sociologists to spend millions of taxpayer dollars to study this. And the poor victim (not the beaten wife) should be compensated for his troubles and mental anguish. Justin turd-dodo is now an expert on how much compensation should be bestowed on the Muslim perpetrator-turned victim.
Eagle Nest says
Question: Should this be called a hate crime??
somehistory says
He certainly wasn’t kicking, punching, etc. the woman and her baby out of any love.
He may have even said the words, “i hate you”while assaulting her. Perhaps he wished her dead. And…he knew exactly what he was doing.
Matthieu Baudin says
“…This is a massive opening of the door to Sharia. Sharia wife-beaters, doctors who practice female genital mutilation, and Islamic supremacists of all kinds who break various American laws may begin to be found to be “culturally incompetent” to stand trial: what they did was acceptable in their culture, and so cannot be prosecuted in ours…”
This is the mentality to which we have been indoctrinated for many years, a type of cultural Apartheid, which has been worked into our social institutions intentionally, at the behest of the Postmodern Academic ‘Priesthood’ that holds sway in our universities and other centres of higher learning. In our legal systems it is producing second rate justice, as the community mainstream are relegated to a lower rung of status and are expected to meet higher standards of conduct and accountability.
what the what ? says
Never heard of “cultural in / competence” until this story.
https://memegenerator.net/instance/78367429/stereotypical-redneck-culturally-competent-people-speak-redneck
ItsReallyQuiteClear says
Now that’s funny!
But, if Islam is the religion of peace, why is it that even liberals will (at least backhandedly) admit that they’re afraid that even the slightest insult — like the sight of a cross — may prompt a violent retaliation by Muslims. But, even though the previous U.S. presidential administration insisted that conservatives who “cling to their guns” were the biggest threat to the country, there was no outcry of fear that if someone posted a cartoon about rednecks, that these heavily armed, and most dangerous people, would riot in the streets or systematically murder in retaliation?
Of course, there’s no basis in logic to Islamophilia.
Jim says
Not competent to participate in the American justice system, but competent enough to participate in the immigration system?
Linda Rivera says
But definitely culturally competent to get Free Welfare!!! Muslims are invading the borders of all First World Christian countries! Free homes, money and welfare! Forever! Muslims are NEVER declared culturally incompetent for welfare!
Krazy Kafir says
Whatever happened to ignorance of the law is no excuse?
Stan says
So is he being deported or committed to a hospital for treatment, or neither?
SweetOlBob says
OH ! GOODY !
So we are going to forgive this ignorant barbarian all his transgressions and allow him to stay in this country and remain ignorant, instead of bouncing his carcass out until he has the sense to be here in the
first place ?
Really great reasoning, doncha think ?
Im4truth4all says
I guess that this means all laws are relative. I am reminded of a couple of Einstein quotes when I read articles like this:
Only two things are infinite, the universe and human stupidity, and I’m not sure about the universe.
The difference between genius and stupidity is that genius has limits.
Richard Courtemanche says
So, is the US immigration system inefficient for screening adequate cultural competence!
ItsReallyQuiteClear says
Richard,
You’ve hit upon a brilliant solution to the legal challenges to Trump’s “Muslim ban”. Just ban cultural incompetents instead. They’re not an example of a federally protected class. Yet…
Robert says
The leaders/elites in western culture are failing ordinary people; our leaders have stopped giving proper leadership to the western nations which they head. Instead, many politicians, thought-leaders, religious leaders, military officers, etc, are surrendering to cultural Marxism.
Our leaders have failed us, and in some cases, betrayed us. They’ve allowed fifth columnists, saboteurs, and other traitors into our society.
THEY’VE LET TROJAN HORSES INTO OUR NATIONS, CITIES, TOWNS, VILLAGES, HOMES, CHURCHES, UNIVERSITIES, COLLEGES, HIGH- AND PRIMARY SCHOOLS, HOSPITALS, MILITARIES, ETC.
And this debacle has been going on for a few decades now. The damage to our society and culture are severe. And it’s going to get far worse, before it gets better, if it ever does get better.
The road back to recovery includes taking cultural Marxism on directly, and dismantling its stupid ideas one by one. Time to refute with total prejudice the worst ideology of the last 300 years.
Linda Rivera says
He’s a MUSLIM. The BARBARIAN SAVAGE is declared NOT GUILTY of the VIOLENT, SATANIC Attack on a Defenseless Pregnant woman and her unborn child. The barbaric attack was perpetrated against Two People! Not one! The child could have died. This was a MURDER attempt.
But the FILTH is declared not guilty because he’s a Muslim. And they call it culturally incompetent?
The most horrendous crimes can now be perpetrated by Muslims with FULL APPROVAL of America’s courts. One law for despised, hated infidels. Another law for highly favoured Muslims – Sharia.
This is one of the many reasons Muslims should NOT be allowed in non-Muslim countries. CLOSE the BORDERS to ALL NON-Muslim countries!
brane pilot says
Future history will show that Western Civilization was not destroyed by Islamists, but by lawyers. The Islamists simply took advantage of the tools offered to them, often at state expense.
mach37 says
“Cultural Incompetence” should most certainly be grounds for disapproving immigration of individuals. It should also be grounds for deporting an immigrant who professes to not know the laws of the land that he is violating.
Ignorance of the law may be mitigating, but not excusing from punishment.
gravenimage says
Yes–that we are letting in people who are supposedly incapable of even understanding our laws is utter suicidal madness.
ItsReallyQuiteClear says
Is there not a way to prosecute the interpretation of a law, which by its establishment of a legal precedent, would effectively create a class of people who were above the law?
Linnte says
I am sure the WOMAN he assaulted appreciates this DUMBASS move by the court. Good grief! What happens the next time he assaults her? A behavior escalates before it changes. Keep your eyes open for him in the news again, under a murder charge. Guaranteed he will assault again. And the court says he is not DANGEROUS?
UNCLE VLADDI says
Any and all judges and legislators who choose hurt feelings over facts should be fired and JAILED.
Allowing foreign customs and laws to govern in one’s country allows foreign governments to govern; it’s a form of sedition, treason, and crime.
Allowing this guy to get away with breaking our laws because he was culturally incompetent means at the very least that the person who should be held responsible for it is the immigration official who let him in, and vetted him as being safe and a benefit, not a risk, to our citizens.
billdeserthills says
Just one of the many islamist ‘trademarks’
Jacqueleen says
THE INSANE ARE RUNNING THE ASYLUM….. EVICT THE MUSLIMS WHO WILL NEVER BECOME AMERICAN AND SEND THEM ALL BACK TO THE MIDDLE EAST TO LIVE IN TENTS AND CAVES WHERE THE UNCIVILIZED BELONG. BESIDES, THEY ALL LIE! THEY ARE AS DUMB AS EINSTEIN.