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Justice Hamza Rejects Application Of Recusal In Alleged Murder Case

The accused filed the application to have Justice Hamza recuse himself from the case and have it called before Justice Sunil Sharma as he said Justice Sharma understood the Hindi language.
31 Aug 2022 16:56
Justice Hamza Rejects Application Of Recusal In Alleged Murder Case
Mohammed Masum at the High Court in Lautoka on August 30, 2022. Photo: Nicolette Chambers

High Court Judge, Justice Riyaz Hamza rejected an application of recusal that was filed yesterday by a foreigner facing murder charges.

Mohammed Masum, a Bangladeshi national, is representing himself in the alleged murder of his two roommates, who were also Bangladeshi nationals at Rarawai, Ba in April 2020.

He is charged with two counts of murder.

It is alleged that the body of one roommate was discovered in a nearby sugarcane field while the body of the second roommate was buried about 100 metres away from the home.

 

The accused filed the application to have Justice Hamza recuse himself from the case and have it called before Justice Sunil Sharma as he said Justice Sharma understood the Hindi language.

Justice Hamza told Masum that he would not recuse himself from the case and explained to him that during trial, he would be spoken to in the English language and not the Hindi language.

He also told Masum that he could not have his way as he came from Bangladesh to Fiji.

He also said that his application had no merit and no basis.

 

Justice Hamza further stated that the accused was not capable of defending the matter on his own and questioned if he would return to engaging another lawyer.

He told Masum to seek help from his proposed sureties to assist him in finding a lawyer and also mentioned that the court would assist him as well.

Masum said private lawyers were expensive and he was previously represented by Legal Aid.

The trial is expected to take place from September 19 to September 30.

The matter has been adjourned to September 5.

 

Feedback: nicolette.chambers@fijisun.com.fj



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