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  • Jan 23rd, 2010
  • Comments Off on Tougher court security violates Aafia’s right to open trial: lawyer
A lawyer for Aafia Siddiqui on Thursday protested against heavier-than-usual security at the US District Court where the Pakistani neuroscientist is being tried for attempted murder, saying the measures violated his client's right to a free, fair and open trial.

Just before the court adjourned on the third day of trial, Charles Swift, her lead lawyer, said that the court's security men were asking people coming in to witness the proceedings to produce their personal identification even after passing through two check points.

A metal detector was put in place outside the 21st floor courtroom, in addition to the ones already on the ground floor. Even journalists with press passes were asked to provide additional identification, like a drivers license or social security number. Swift, one of three top lawyers retained by Pakistan government to defend Siddiqui, said that the jurors could also feel threatened by the tougher security measures enforced in the court.

But Judge Berman said that he had no knowledge of the security steps being taken and would discuss with the relevant authorities on Friday. Earlier, the day-long proceedings brought out two points clearly. The M-4 rife that Ms Siddiqui is alleged to have grabbed to shoot at US interrogators in Afghanistan did not have her fingerprints and that even the projectiles or casings of the two bullets fired from it were not found at the police outpost in Ghazni where the incident took place in July 2008.

On the other hand, the American investigator found the casings and projectiles of the two bullets fired by the US military officer that hit and badly wounded Siddiqui. However, the prosecution continued to insist that the shots were fired by Ms Siddiqui. FBI Special Agent Gordon Hurley, who was tasked with investigating the shooting incident, said he had dug through the area of the police outpost's wall where two M-4 bullet had hit, but found no projectiles.

He said he had paid cash to the Afghan police for the damage he had done to the wall in his search for the projectiles. Dawn Cardi, the defence lawyer, asked Hurley why he did not take the rifle with all its attachments, including the sighting equipment, in his custody for fingerprinting.

He said the army would not give him the attachments because it had shortage of equipment in the midst of combat operations in Afghanistan. He was also asked why he went to the crime scene with the Chief Warrent Officer, who is alleged to have shot at Ms Siddiqui. Hurley said he needed him for investigation purposes.

Under cross-examination, Agent Hurly said the delay in collecting evidence was due to logistical problems in the battle zone. "It is not New York City," he said of Afghanistan. FBI forensic expert TJ Fife, who was cross-examined by Defence Lawyer Elaine Sharp, said that M-4 rifle arrived for analysis approximately fifteen days after the incident. He said he had used most modern methods to lift any fingerprints on it but there were none.

But he said in his 6-year experience that there was only a 10 percent chance of obtaining fingerprints from a firearm due to its 'non-porous' surface. When Ms Sharp pointed to some of the smooth surfaces on the weapon, Fife said due to the delay in receiving the rifle, others factors such as heat and humidity also played a part in erasing the impressions. Asked how many guns he has analysed in his career, the FBI expert cited 10 to 20 weapons. Questioned why did he not take pictures of areas where finger prints could have been visible, FBI expert said they were of "no value."

Copyright Associated Press of Pakistan, 2010


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