Musa Taj Abdul Has the Right To Freedom Pending Trial: Lawyer Insists That He Should Be Freed

Musa Taj Abdul Has the Right To Freedom Pending Trial: Lawyer Insists That He Should Be Freed:

The lawyer of the suspected notorious robber Musa Taj Abdul has defended him saying he has the right to freedom pending trial.

According to H-Metro the suspect’s lawyer Concillia Mahiya said even if the public raised questions on the case, he managed to prove to the court that Abdul is a suitable candidate for bail and cannot flee because his passport expired in 1998.

“Justice demands as of right that anyone facing charges as an accused must be released on bail unless there are strong and compelling reasons why he should be detained continuously.

“Right to liberty is a constitutionally protected right in section 50 1(d) of the Constitution. There is however need to balance the liberty of the accused with those of the interests of the society.

The lawyer also argued that there was no evidence to support that Abdul was on the run for the alleged 20 years.

“The presumption of innocence like any other person highly favours him even on the face of a strong prima facie case. In as much as the public is not happy, the accused person should still enjoy his right to liberty. There is no previous conviction in respect of the accused person in armed robbery cases. So I think he should be given that chance to enjoy his freedom pending his trial

“He has proven he is a man of fixed abode through the testimony of her mother; he has a house in St Martins and has no capacity to flee because his passport expired in 1998. He is not a flight risk at all; he is even eager to stand trial and clear his name.

“The State case against him is actually built on a shaky ground,” she said.

Another lawyer who spoke on condition of anonymity said while the public outcry is understandable, bail is a constitutional right.

“However in terms of our law, including the Constitution, an accused is presumed innocent until proven guilty. Getting bail pending trial is therefore a constitutional right. An accused person awaiting trial must be released either conditional to ensure that they attend trial, or not to interfere with evidence or not commit other offences.

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