Court

Defence wants new judge for murder trial

January 17, 2022 4:45 pm

An officer escorting accused Mohammed Raheesh Isoof at Lautoka High Court. [File photo]

The defence lawyer in the Nausori Highlands murder trial today filed a motion to have Judge Justice Thushara Rajasinghe disqualified.

A notice of motion has been filed, seeking the trial Judge to recuse himself from the case on the grounds of perception of bias, actual bias, and reasonable apprehension of bias.

The accused, Mohammad Isoof, is currently charged with five counts of murder and one count of attempted murder.

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Isoof’s lawyer is seeking that another judge be appointed to hear their matter.

The defence also stated they alternatively want the court to rule that there was a mistrial.

During the submission, the counsel told the court that while the prosecution witnesses were giving their evidence, the judge interjected and examined the witnesses on several occasions.

The defence lawyer said the judge had examined witnesses to elicit material from which the prosecution did not seek to lead.

It was also submitted that the judge intervened, excused a defence witness and warned the counsel that if their witness gave false evidence in court, they could be prosecuted for perjury.

The defence said this was not warranted by the judge and that he had not made the same statement to prosecution witnesses.

In response, the judge stated that the defence could not just throw the bias word around in court without grounds and reasons.

The judge also stated that he had the right to examine or question the witnesses on the facts for clarification.

The prosecutors opposed the application and stated that the judge needed to clarify with the witnesses on certain issues.

The closing submissions for the trial were also filed by both parties today.

The ruling on the motion and Mohammad Isoof’s fate will be known this Wednesday.

It is alleged that in August 2019, Mohammad Isoof murdered three adults and two children and attempted to murder an 11-month old by abandoning her at Nausori Highlands, Nadi.

The bodies of a 63-year-old carpenter, Nirmal Kumar, his 54-year-old wife, Usha Devi, their 34-year-old daughter, Nileshni Kajal, and her two daughters, Sana, aged 11 and Samara, 8 were all found near a cliff.