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Nausori Highlands Muderer Isoof Appeals Conviction, Sentence

On January 12 this year, the 65-year-old Isoof was jailed to life imprisonment for killing a family of five at Nausori Highlands in August 2019.
19 Jul 2022 17:18
Nausori Highlands Muderer Isoof Appeals Conviction, Sentence
Nausori Highlands murder accused Muhammed Raheesh Isoof escorted to the cell block by Police Constable Pritesh Nadan at the High Court in Lautoka on January 6, 2022. Photo: Ashna Kumar

Muhammed Raheesh Isoof, who was convicted for the murder of a family at Nausori Highlands in August 2019, has filed an appeal against his sentence and conviction.

Isoof was convicted on 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 five bodies at the Nausori Highlands.

Lawyer Iqbal Khan filed the appeal against Isoof ’s conviction on 24 grounds.

The appeal grounds are material non- disclosure, where 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 they may have to exonerate Isoof on all charges against him.

 

Other Grounds are:

  • 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 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 learned trial Judge erred in law and in fact in convicting Isoof when the evidence adduced in court did not support the charges.
  • Interference by the learned trial Judge in which Mr Khan stated that the learned trial Judge erred in law and in fact in stopping Mr Khan to cross-examine 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 yesterday.

Isoof was not present in court because he was serving time at the Natabua Corrections Centre.

The Appeals Court has directed Mr Khan to file and serve his submissions by August 15. The State respondent from the Office of the Director of Public Prosecutions has been directed to file and serve its response by September 12.

The matter will be called for mention on October 21.

 

On January 12 this year, the 65-year-old Isoof was jailed to life imprisonment for killing a family of five at Nausori Highlands in August 2019.

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.

The Office of the Director of Public Prosecutions had proved that Isoof had killed the family of five at Nausori Highlands by poisoning them.

 

Feedback: ashna.kumar@fijisun.com.fj



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