A procedural error was spotted by the lawyer for Mohammed Amjad Khan, a defendant in the case, who had been charged with incitement to murder.
The prosecutor who had investigated the case and referred it to the Court of First Instance was the same person who after his promotion as judge was a member of the bench which heard the case and convicted the four men.
Sameer Jaafar, the lawyer for Amjad Khan, said in his presentation to the Cassation Court that under Article 206 of the Penal Procedures Law "a judge may not participate in adjudicating a case in which he was a prosecutor or a lawyer for the defence; the judge may also not participate in adjudicating a case on appeal for which he had issued the earlier ruling."
The prosecutor in the case had issued the referral order on March 23 last year in which he transferred the case to the court. The same prosecutor, after his promotion as judge, took part in hearing evidence in the case in court sessions on April 27, May 11 and 18, June 1 and 15, and he was in the panel of judges which issued the ruling in the case in the Court of First Instance.
The public prosecution had charged the defendants, Asheq Hussain Ghulam, Mohammed Anwar Ghulam and Nazem Hussain Ghulam, with committing the premeditated murder of Mohammed Younis, while Mohammed Amjad Khan was charged with inciting the other three to commit the murder.
The prosecution said that Asheq, Mohammed Anwar and Nazem had gone to the victim's apartment on the night of January 8.
The victim let the men in as he knew them well. After he served them drinks, the prosecution said, the defendants pinned down the victim and strangled him to death.
They later hanged his lifeless body from a door frame to make it look like a suicide.
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