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Published 10 Feb, 2008 12:00am

KARACHI: Defence counsel terms charge-sheet flawed: US consulate blast case

KARACHI, Feb 9: Pointing out what he described as several flaws in the prosecution’s story, defence counsel in the March 2006 US consulate bombing case requested an anti-terrorism court on Saturday to acquit his client who, according to him, was falsely accused of masterminding the suicide attack.

Two alleged Al-Qaeda militants, Anwarul Haq and Usman Ghani, are facing trial for masterminding a suicide attack outside the US consulate killing four people including US diplomat David Foy and leaving 48 others injured. The proceedings of the case were carried out in the Central Prison, Karachi for security reasons.

Appearing on behalf of one of the accused, Anwarul Haq, Defence Counsel M. Ilyas Khan submitted before ATC Judge Ahmed Nawaz Shaikh that his client was falsely booked in the case and the confessional statement was recorded under duress and all legal formalities were not completed.

He pointed out that there were glaring contradictions in the statements of the prosecution witnesses and their presence on the scene of crime was not clear while the identification parade was not held in a proper manner.

Referring to some media reports, the counsel pointed out that the alleged suicide bomber, Mohammad Tahir, had died somewhere in Afghanistan and on such reports his family had offered his funeral prayers in absentia. There was no evidence that the accused, Anwarul Haq, had any links with the person who had carried out the suicide attack, he contended.He submitted that the prosecution had failed to prove its case and, therefore, his client should be given the benefit of the doubt. He prayed the court to acquit his client.

The court adjourned the matter for Feb 16 for the hearing of final arguments from another Defence Counsel Mushtaq Ahmed representing the co-accused Usman Ghani.

Special Public Prosecutor Naimat Ali Rindhawa appeared on behalf of the state. According to the prosecution, on March 2, 2006 a suicide bomber parked his explosives-laden car outside the naval establishment and when the convoy of the US official appeared, the bomber rammed his vehicle into the bullet-proof car. The vehicle flew up into the air before landing across a concrete barrier on the pavement of Hotel Marriott.

According to the charge-sheet, Mohammed Tahir, son of Raja Afzal, had left his Landhi house on March 2, 2006 after Fajr prayers and later his family was informed about his death.On August 15, the investigation officer visited the house of the suicide bomber and recorded the statement of his father.

Raja Afzal told the investigator that his son had gone to Afghanistan for Jihad thrice and had also been imprisoned in Afghanistan.

The father of the suicide bomber told the investigation officer that a man visited his house thrice after the disappearance of his son and gave him Rs5,000, Rs8,000 and Rs10,000 during his three visits. He said the same man contacted his other son, Raja Mohammed Idrees, who is a student at Binori Town madressah, in July and told him that Tahir had been killed.

On August 18, the investigation officer recorded the statement of Idrees, who also supported the statement of his father.

The brother of the suicide bomber said that he knew one of his brother’s friends, Usman, who had brought his letter to the family from Afghanistan during his detention there. Later on Aug 21, 2006 the police arrested Usman Ghani and Anwarul Haq.

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