Appeal Hearing in March for Convicted Muderer
The Nausori Highlands murder convict Muhammed Raheesh Isoof’s leave to appeal against his sentence and conviction hearing has been set for next March.
On January 12, this year, Isoof, 65, was sentenced to life imprisonment for killing a family of five at Nausori Highlands in August 2019.
Isoof is convicted for five counts of murder and one count of attempted murder.
Isoof, on August 25, 2019, murdered Nirmal Kumar, 63, his wife Usha Devi, 54, their daughter Nileshni Kajal, 34, and Ms Kajal’s daughters Sanah Singh, 11, Samarah Singh, 8.
He is also jailed for attempting to murder the then 11-month-old Samaira Kumar who was found abandoned near the bodies of the five deceased persons at Nausori Highlands.
Isoof was working as a bus driver prior to arriving in
Fiji and residing in Legalega in Nadi. He was the last person to be seen with the family members when they were alive.
Lawyer Iqbal Khan has filed an appeal against Isoof ’s conviction and sentence with 24 grounds of appeal.
The appeal grounds are material non-disclosure in which Mr Khan stated that the learned trial Judge erred in law in continuing with the trial despite the fact it was brought to his attention by Mr Khan that the prosecution had failed to serve photographic and video evidence given to the Police by witnesses which may have to exonerate Isoof on all charges against him.
Another ground is adequate time and facilities and fair trial. Mr Khan stated that the learned Judge erred in law and in fact by not giving adequate time to facilities to Isoof to prepare and give proper instruction to Mr Khan in his defence and therefore was denied a fair trial.
Mr Khan also filed a ground of defective charge before the court in which he stated that the Judge erred in law and in fact in convicting Isoof when the evidence adduced in court did not support the charges.
He also filed the ground of interference by the judge in which Mr Khan stated that the learned trial Judge erred in law and in fact in stopping Mr Khan to crossexamine witnesses and instead of directing to submit those issues and in doing so such conduct obstructed Mr Khan in rendering his professional service to his client. He stated that in doing so, the learned trial Judge’s conduct led to an unfair trial and caused a substantial miscarriage of justice.
Isoof ’s case was called at the Fiji Court of Appeal before Judge Justice Chandana Prematilaka.
The matter will be called for hearing and bail pending appeal application on March 7, next year.