Defense Argues for Release of Lamha Amidst Health Concerns and Legal Debate

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PUBLISHED 15 November 2023

Halimath Lamha, one of the implicated suspects in the tragic murder of Filipino nurse Mary Grace, has submitted a petition to the Criminal Court, urging her release from custody after being implicated in the crime.


Currently, Lamha's boyfriend, Marvin, faces charges for the murder of Mary, who worked at IGMH since October 2021. Lamha, meanwhile, is accused of aiding and abetting in the murder. Marvin is also confronted with additional charges related to the possession of needles. Both suspects have remained in custody pending their trial.


In today's court hearing, the prosecution maintained that the remand orders for both Marvin and Lamha would remain unchanged. However, Lamha's defense argued that the preservation of individual and societal rights is paramount. The defense also highlighted Lamha's health issues, stating that she is currently undergoing treatment in prison.


Lamha's lawyer proposed a compromise, suggesting that Lamha could be released under certain conditions, with the precaution of tagging her leg to mitigate potential risks to society.


The prosecution countered, stating that the Criminal Procedure Code does not provide provisions for the release of an accused individual after being tagged. In response, Lamha's lawyer pointed out that the Criminal Court had not appealed against the decision to release the accused, leaving room for the possibility of releasing a tagged individual.


Marvin's legal representation raised concerns about his custody not being reviewed every 30 days, as mandated by the Criminal Procedure Act. They asserted that this review had not been conducted previously.


Acknowledging the lapse, the prosecution clarified that the remand is now being reviewed in writing. Judge Hussain Faiz Rashad announced that a decision on the remand would be made at the next hearing.


The proceedings also featured testimony from three witnesses, including an IGMH nurse and two police officers, with additional witnesses scheduled to testify in subsequent hearings. The legal saga surrounding the Mary Grace murder case continues to unfold, with both sides presenting their arguments before the court