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Defence To File No Case To Answer

Defence To File No Case To Answer
September 20
10:39 2017


Defence lawyer Abhay Singh filed a no case to answer in the case of Shahista Shewani Devi yesterday.

Devi is charged with a count each of attempted murder and criminal intimidation.

The matter is being presided by Justice Riyaaz Hamza at the High Court in Suva.

It is alleged that she had attempted to murder her four-year-old son, Divyan. It is also alleged that Devi threatened to kill her mother-in-law.

The alleged offence occurred on February 2, last year.


No case to answer

Mr Singh informed the court that Devi did tie the cloth to the rafter, but to only scare the mother-in-law and not to hang her children.

He further stated that she only wanted the mother-in-law to let go of her son Divyan that’s why she had pushed her away and pulled her son to herself.

“If she would have brought the child and tied the cloth around the child’s neck then it would be considered attempted murder,” said Mr Singh.

He also asked the court to note the inconsistencies said by the prosecution witnesses to note the credibility of the witnesses on whether their evidence can be relied upon.

Mr Singh also said the first count was not proved as the charge reads that a knife was allegedly used but there has been no evidence provided to prove the same.

“We submit there is no evidence to call Devi on the stand to give evidence,” Mr Singh said.

The hearing for the no case to answer will be held later today.

Mr Singh had made an application that Justice Hamza should not consider some of the inconsistencies of Divyan’s evidence that was taken in a closed court session as it was different compared to the police statement.


Fourth prosecution witness

The fourth prosecution witness was Sergeant Pradeep Lal who informed the court that he had attended to the report and upon arrival to Devi’s house he saw Devi crying.

Mr Lal told the court that Devi informed him that she was always being ill treated by her mother-in-law, Madhur Lata.

“Devi also told me that her four-year-old son Divyan never listens to her but listens only to her mother-in-law,” he said.

During cross-examination Mr Singh put it to Mr Lal that he was not telling the truth to which he said that he was telling the truth.

Mr Singh also put it to Mr Lal that many people used to tie a sari like a swing on the terrace to which he said yes.

Mr Lal was asked by Mr Singh about his views after he saw Devi crying.

“I felt sorry for her,” he said.

Mr Singh suggested to Mr Lal that he tried to counsel Devi and settle their family matter, and he responded saying that he only tried to cool down Devi but he had not tried to settle their family matter.

The case continues today.

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