[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

Nov. 15



PAKISTAN:

LHC overturns death sentence


A division bench of the Lahore High Court Friday overruled conviction of 4
convicts in a robbery-cum-murder case.

A lower court sentenced Ghulam Haider to death and gave life imprisonments
to three others Muhammad Akram alias Fauji, Muhammad Zubair alias Billa
and Akhter for killing a bus passenger during a robbery.

They convicts went in for appeal against their conviction contending that
there was no sufficient light to identify somebody.

Appellants' lawyer argued that there were major contradictions and
improvements in the statements of the eyewitnesses. He said the appellants
were falsely implicated in the case by the complainant and others at the
instance of police.

According to prosecution, on January 05, 1998 Muhammad Aslam, the
complainant, along with other was on their way from Haroon Abad to Lahore
in a car. It was 2:30am they were intercepted by the appellants who were
armed and half muffled.

The appellants started looting the complainant and his companions
meanwhile a bus arrived there which was also stopped.

The robbers started looting the passengers of the bus and killed 1 of the
passengers Naeem on offering resistance, the FIR said.

After hearing the arguments of both sides, the bench comprising Justice
Tariq Shamim and Justice Zafar Iqbal Chaudhry observed that there were
material discrepancies and contradictions in the statements of
eyewitnesses.

The court remarked: "With the exception of prosecution witness Muhammad
Mushtaq, the bus driver, all the other eyewitnesses belong to the car
driven by the complainant and prior to the part of the occurrence which
took place inside the bus they had all been dragged away about 20 feet
from the car."

As to how these witnesses had seen part of the occurrence which took place
inside the bus is beyond any body's imagination, the bench further held.

The bench observed that the statements of the witnesses have failed to
furnish a credible account of occurrence.

The appellants along with a number of other accused were arrested by
Muhammad Ismail (SI) with recovery of arms but none from the vicinity was
associated with the recovery proceedings by police which leads to a well
founded presumption that the recovery was affected in clear violation of
section 103 Cr.P.C.

Further no empty was recovered by the police from the spot, thus evidence
of recovery of weapons in given circumstances is of no avail to the
prosecution.

The bench noticed that the exercise of timely identification parade was
not taken in the instant case, the subsequent identification of the
appellants in police lock up is, therefore, of no consequence.

While setting aside the conviction and sentences of the appellants the
bench observed that the prosecution has failed to prove its case against
the appellants beyond reasonable doubt.

The appellants shall be set free forthwith if not required in any other
case, the bench ordered.

Court orders cases against 3 cops: The Lahore High Court on Friday ordered
registration of a criminal case against 3 cops for keeping a lawyer in
illegal detention and humiliating him without any reason.

Earlier on Friday Justice Muhammad Akram Qureshi summoned the Millat Park
SHO on a short notice. However, the SHO did not appear before the court
which ordered his arrest. Later, the SHO appeared before the court and
took the plea that he was unaware of the incident as he was on leave.

The judge ordered the SHO to register a case against ASI Akhter Javed and
constables Haroon Rashid and Muhammad Ahmed.

Petitioner Zeeshan Rashid advocate, through his counsel Kazim Khan,
pleaded that the cops raided and trespassed his residence late night on
November 11. The petitioner said as he asked the policemen why they had
entered his house, they manhandled him, used filthy language, took him to
the police station and detained him for 3 hours. He said when he
introduced himself as an advocate, the ASI threatened him, "I will put you
behind bars. Finally his father reached the PS and rescued him.

(source: The Post)






MALAYSIA:

Briton freed from death row


A British national sentenced to death for drug trafficking in Malaysia has
been freed after the country's highest court found police fabricated
evidence against him.

A 3-judge panel at the Federal Court of Appeal released Chan Kin Yu, who
was arrested eight years ago after police claimed to have found 9kg of
methamphetamines in his Kuala Lumpur hotel room.

Mr Chan, 37, a truck driver and part-time bartender, removed his handcuffs
before telling reporters: "I'm happy. I don't know what to say. I just
want to go back home fast. I stayed here so long."

Mr Chan is from Hong Kong and holds a British passport.

He was sentenced to death by the High Court in 2002 after his arrest
during a business trip. He has always maintained his innocence.

Judge Hashim Yusoff told the court: "I'm of the view ... there is a clear
fabrication of evidence."

Mr Chan's lawyer, Muhammad Shafee Abdullah, argued that police framed his
client by breaking into his room and planting 3 cylinders containing the
drug.

The court ruled Mr Chan should be acquitted as it was unclear whether he
knew the metamphetamines were in his room.

The judges also said previous court decisions failed to take into account
discrepancies in witness testimony. They said unlawful hearsay should not
have been allowed as evidence.

After the acquittal, police refused to comment.

(source: The Press Association)






AUSTRALIA:

Melbourne woman's death-row love for Bali mule Scott Rush


AN attractive young woman is sitting on the hard, tiled floor in the
visitors' courtyard of Bali's Kerobokan jail. Encircled by her boyfriend,
arms entwined, they are deep in conversation.

Her boyfriend is drug mule Scott Rush, who is facing the death penalty for
his part in the Bali Nine plot.

Laura doesn't think too much about the fact her boyfriend may be killed.
It's just too depressing.

But for the hapless 22-year-old Australian facing the death penalty, a
wonderful thing has happened: love has blossomed in this unlikely place.

Laura, a 26-year-old Melbourne woman, met Rush when she visited the jail
while holidaying in Bali in January. "I felt an immediate attraction but I
never thought this was going to happen," she says.

Now the two have pledged their love. "We both wear an eternity knot round
our necks. Whatever happens, our feelings for each other will be eternal.
I love him." The feeling is mutual, she says. "He calls me his angel."

How does Rush reciprocate from behind prison walls? "He does some gorgeous
things ... he organised a Valentine's card and flowers to be delivered to
me through friends who live in Melbourne, and he gives me little gifts.

"It's not a conventional relationship of course, but I do love him and I
care about him a great deal. It's more of an emotional connection rather
than a physical one, obviously."

Her friends have not been backward in expressing their views on the
relationship. "A lot of people think it's a dead end. They think it's
illogical and impractical, and it probably is," she says.

"But I know I can deal with whatever comes my way. I just always want to
offer support and make him feel happy. I offered him a lot of love and
care and finally got to know his personality very well and earned his
trust."

Laura, who asked The Weekend Australian not to publish her full name,
returned to Bali to visit Rush for a month in April and again in
September.

In December she will return for another month. "It's very tiring and
emotionally draining and it's costing a fair bit," she says. "I don't have
much contact with Scott's parents and I've never asked them to help me out
financially. It's my choice."

She met Rush when she and a couple of girlfriends visited the jail to
support the Australians held there. "I followed the Bali Nine closely
because, regardless of the crime and their stupidity, I just didn't think
they deserved death or life sentences in an Indonesian prison.

"I wanted to visit one of the Australians ... I had read that Scott
welcomed visitors, he wanted people to visit him; a lot of the others
don't particularly. And I've always thought the death penalty is rubbish.

"I wanted to go to the jail and give him some food and kind words.
Obviously, he had quite an impact on me. He was very charismatic, very
positive, very kind. I wanted to keep in contact."

Laura returned to Melbourne two days later. "We kept in contact via
letters. I wrote and told him about my life and who I was, and it
progressed from there."

Aware that the prison relationship may be criticised or misunderstood,
Laura says she focuses on doing what she can "to make Scott's life good".

"If people ask me why I'm doing it I say it's because I care so much. I
would never not let myself get close to someone, even if there is the risk
he might be killed by the firing squad."

Rush was originally handed a life sentence, but the Indonesian Supreme
Court increased it to death in September 2006 after an appeal by the
prosecution.

Along with Bali Nine ringleaders Andrew Chan and Myuran Sukumaran, Rush
still has the option of seeking a judicial review of the death sentence,
and a clemency appeal to the Indonesian President.

Earlier this year, Rush voiced his fear of death in an interview with SBS.
"It weighs on my mind pretty much every 2nd of the day," he said.

"I can't have a normal conversation like I used to be able to because of
this. It's always in my mind -- always in the back of my head, or it stops
sometimes at the front."

Laura doesn't have a boyfriend in Australia and is keeping herself for
Rush "until things progress and I know what's happening".

"I never want to be a source of pain, or worry to him. I don't want him to
think I'm gallivanting around town."

Rush, asked in the SBS interview if hethought he would get out, replied:
"Ifeel that I will. I mean, if I've got any sort of instinct, obviously
I'm hoping that I will."

(source: The Australian)