Foreigner Murder Case: Defense requests re-verification of heirs' statements despite five-year-old refusal of Qisas!

The Criminal Court on Thursday held a hearing regarding the murder of a foreign national during a violent altercation aboard a fishing vessel.

Thursday's hearing was held to deliver the final verdict in the case.

In this case, Mohamed Masood, a Bangladeshi national, has been charged with the murder of fellow countryman Mohamed Shaheen. Specifically, he faces a charge of intentional homicide in connection with the incident.

The court determined during the final hearing that the charges against him had been proven. Although he was found guilty of intentional homicide, the victim's heirs have requested only the payment of blood money in this case.

The presiding judge stated that the deceased is survived by two heirs. According to documentation submitted through the Bangladesh High Commission, the heirs have requested blood money (diya) and indicated they do not wish for a prison sentence to be imposed on Masood. The heirs are identified as the victim's mother and father.

The judge noted that the document had also been officially notarized through a legal representative.

Consequently, Thursday's session was held specifically to determine the sentencing for the case.

During the hearing, the defense counsel requested the court to record statements from the legal heirs to further verify their current stance. The lawyer explained that this request aims to ensure all procedural requirements are fully met, noting that the case is likely to proceed to further stages of appeal. The defense also pointed out that the existing documentation regarding the heirs' wishes dates back to 2021.

Furthermore, the lawyer noted that there is also a possibility that the family may no longer wish to accept blood money.

The presiding judge noted that the legal heirs' current stance aligns with the defendant's interests. However, he cautioned that it remains a possibility that the heirs could change their position and once again seek the death penalty when their statements are retaken. The state prosecutor echoed these sentiments.

However, the defense counsel argued that under the current legal framework, the heirs retain the right to seek the death penalty at a later stage. Therefore, the lawyer contended that before reaching a final judgment, obtaining a clear and definitive statement from the heirs is the most equitable approach for the accused.

Once all the statements were translated, the defendant, Masood, also expressed his desire to obtain the current statements of the heirs. He voiced his frustration during the hearing regarding the significant delay, noting that the case has remained unresolved for five years. The presiding judge subsequently apologized for the delay in the proceedings.

Consequently, the judge instructed the defense to submit in writing to the court any clarifications they wish to seek from the heirs.

Judge Ibrahim Ihusan is presiding over this case at the Criminal Court.