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KUNAR PROVINCE, Afghanistan — A public trial was held in eastern Afghanistan's Kunar province, March 16, for four men accused of attempting to murder Abdul Wahadule Noorguli, the Kunar prison director.
This was the first public trial held in the province, and set the standard for all future trials.
Noorguli's unoccupied work vehicle exploded, Jan. 14. The explosion caused no injuries or property damage other than to the vehicle itself, according to the Afghan National Police.
Four suspects; Abdul Ahad, the prison director's personal body guard; Javid Habib, Noorguli's former driver; and Hafizullah and Gul Sheer, both former prison employees, were the cited for the attempt and stood trial.
Charges were read by Ghula Abani, the court administrator. The three-judge panel, consisting of Chief Judge Mohammad Ashraf, Security Law Division Chief Judge Saraj Udin and Assistant Security Law Division Judge Hazullah, heard the cases presented by Abdyani, the Asadabad prosecutor, and Mohammad Taheer, the defense attorney for the four men.
Noorguli was present to give his testimony, and more than 125 people attended the historic court trial, including government officials and members of the Kunar Provincial Reconstruction Team.
According to Abraham Sutherland, the Rule of Law Advisor for the Kunar PRT, Afghan law more closely resembles appellate arguments rather than the criminal trials held in the United States.
"These are bench trials, not jury trials," Sutherland said. "The evidence, prosecutor's report and defense reports have all been submitted to the court in advance. The trial is a time to see and hear from the witnesses, ask questions and educate the public."
During the trial, Taheer argued that there was no evidence or witnesses connecting the three defendants to the explosion.
Taheer also cited that the defendants had no history of violence or bomb making experience. He further stated that the investigation was the prosecution's job, not the Afghan national police's responsibility, and that it was done illegally.
Abdyani, the prosecuting attorney, denied the allegation that the investigation was done illegally and called upon Noorguli and Investigative Director Nik Mohammad to testify.
Mohammad testified for the prosecution. Giving his account of the events, he stated the evidence clearly pointed to the defendants.
The main pieces of evidence were parts of a cell phone belonging to one of the defendants found at the crime scene, and the availability of the vehicle to the defendants before the explosion, considering all the defendants, except for Ahad, admitted to using the vehicle to buy and smoke hashish, just prior to the bomb's detonation.
Ahad was acquitted and released after the trial, Habib was sentenced to 10 years in prison, and Hafizullah and Gul Sheer were sentenced to 12 years each. The three found guilty were also fined 55,000 Afghanis for damage to the director's vehicle. The men will have 20 days to appeal the court's decision.
| Date Taken: | 03.16.2010 |
| Date Posted: | 03.25.2010 10:44 |
| Story ID: | 47202 |
| Location: | KUNAR PROVINCE, AF |
| Web Views: | 149 |
| Downloads: | 94 |
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