3 Convicted in Malasebe Case
While summing up the case this morning, Judge Justice Nazhat Shameem stressed to the assessors this is not a straight-forward case as much of the prosecution case is based on circumstantial evidence.
Judge Shameem highlighted that there is no direct evidence that any of the accused assaulted Malasebe while there is also some evidence that some of the accused were not even seen in the crime office where the alleged murder took place.
She told the assessors that they must use their common sense to reach an inference on what could have been the probable cause which led to Malasebe's death.
Judge Shameem said they have to determine, whether there was a joint enterprise between the eight to take Malasebe to Valelevu Police Station with intent to assault him for information and was Malasebe's death a probable consequence of that assault.
While highlighting the charge against the eight accused, who are charged with accessory after the fact to murder, she stressed that a police officer is duty bound to stop a crime if it is being committed before him and cannot allow it to continue as it is seen as aiding and abetting.
She also highlighted the medical report on Malasebe which showed 38 separate injuries and included 16 sever internal injuries consistent to blunt force trauma and evidence from the pathologist that the bruises found under Malasebe's feet were consistent with cases he dealt with before, and described it as a torture technique used by police.
The assessors are expected to come back with their verdict later this afternoon, following which Justice Shameem is expected to deliver her Judgment in the case.
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