Nausori Highland’s Murder Appeal Hearing Set For July
The hearing of a leave to appeal the sentence and conviction of the Nausori Highlands murder convict, Muhammed Isoof has been set for July.
It was initially set for March 7, however, due to Isoof ’s counsel not being present in court; the hearing was moved to July.
On January 12, 2022, Isoof, 65, was jailed for life imprisonment for killing a family of five at Nausori Highlands in August 2019.
Lawyer Iqbal Khan has filed an appeal against Isoof ’s conviction and sentence with 24 grounds of appeal.
He stated the trial Judge’s conduct led to an unfair trial and caused a substantial miscarriage of justice. 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 trial Judge erred in law and in fact by not giving adequate time for 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 in which he stated that the learned trial 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 learned trial Judge in which Mr Khan stated that the learned trial Judge erred in law and in fact in stopping him to crossexamine witnesses and instead of directing to submit those issues. He said in doing so, such conduct obstructed Mr Khan in rendering his professional service to his client. Isoof was 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 was also jailed for attempting to murder then 11-month-old Samaira Kumar who was found abandoned near the bodies of five deceased persons at Nausori Highlands.
Isoof was working as a bus driver in Auckland 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.
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 July 21.