Raymond Davis Case: LHC rules murder trial valid, rejects immunity from prosecution

[Awesome]

LHC adjourns Davis hearing till March 8 – The Express Tribune

LAHORE: The Lahore High Court (LHC) on Thursday said that the murder trial of Raymond Davis would go ahead, rejecting his plea that he could not be prosecuted because of diplomatic immunity. The hearing was adjourned till March 8.

The US consulate has nominated Syed Zahid Hussain Bukhari, who is former government prosecutor, as lawyer for Raymond Davis.
“The US consulate has contacted me and I will represent Raymond Davis,” Bokhari told Reuters before the hearing.

“The court passed an order today saying that he (Davis) had failed to produce any legitimate document proving his diplomatic immunity,” the lawyer representing the two men shot by him, Asad Manzoor Butt, told AFP after a closed-door hearing.

Security was tight at Kot Lakhpat jail, where the trial was held for security reasons. Machine guns were installed on top of water towers inside the jail and concrete barriers were placed on the road leading to it.

Davis, a former US special forces officer, has been charged with double-murder and faces possible execution.

On Wednesday, the Lahore High Court directed authorities to include news reports and articles on Raymond Davis in their records.

LHC Chief Justice Ijaz Ahmad Chaudhry gave the order while hearing a petition requesting the court to make the US government party to the Raymond Davis case.

The chief justice ruled out that possibility, saying the Pakistan government must first adopt a clear stand on the case.

On March 14, the Lahore High Court will decide whether Davis enjoys diplomatic immunity, another contentious issue that the government has said must be decided legally, at the risk of angering the United States and jeopardising up to $3 billion a year in US military and civilian aid.

In addition to causing a diplomatic standoff, the case has strained relations between the CIA and Pakistan’s main Inter-Services Intelligence (ISI) spy agency, which says it did not know of Davis’ presence in the country.

Not to confuse things, that his diplomatic immunity has not been rejected, he may still be immune from being sentenced, hey may be pronounced guilty and not sentenced because of his diplomatic immunity, which still needs to be declared by the federal government which will be done on March 14th.

 

[DV RULES]

I want to know that does LHC save right to cancel/reject diplomatic immunity in case of immunity declared by federal government on 14th March?

 

[Awesome]

I want to know that does LHC save right to cancel/reject diplomatic immunity in case of immunity declared by federal government on 14th March?

If proven, LHC can declare the immunity declaration void if it doesn't meet the set criteria for it. But it can't say, that Davis has immunity but we choose to revoke it as this was a serious crime.

In other words it can contest the legality of the immunity declaration, not bypass it.

 

[VCheng]

I am impressed by the standards of due care and process set by the august High Court. I am sure that it will return a sound verdict based on the evidence before it in this important case.

 

[DV RULES]

If proven, LHC can declare the immunity declaration void if it doesn't meet the set criteria for it. But it can't say, that Davis has immunity but we choose to revoke it as this was a serious crime.

In other words it can contest the legality of the immunity declaration, not bypass it.

of course it has to be revoke but who knows what suggestions, dealing & agreements are on way to bypass court, but once this case get to day of 14th March, i hope that LHC will revoke it and send back this Rambo with long sentence into cage.

 

[toxic_pus]

If proven, LHC can declare the immunity declaration void if it doesn't meet the set criteria for it. But it can't say, that Davis has immunity but we choose to revoke it as this was a serious crime.

In other words it can contest the legality of the immunity declaration, not bypass it.

I doubt if a court can declare a diplomatic immunity void. Firstly it would be a case of judiciary encroaching the legislature and secondly, Pakistan, as a receiving country can't revoke immunity.

In January 1997, the deputy chief of mission at Georgian embassy in US, was involved in a drunk driving incident which resulted in death of a teenager. In order to prosecute him the USG practically forced Georgia to revoke immunity and only after it was revoked by Georgia, the deputy chief of mission was prosecuted. He got 21 years. The point is that, it is only USG, which can revoke Mr Davis' immunity, if it exists.

 

[Solomon2]

“The court passed an order today saying that he (Davis) had failed to produce any legitimate document proving his diplomatic immunity,” the lawyer representing the two men shot by him, Asad Manzoor Butt, told AFP after a closed-door hearing.

So what? That isn't Davis' responsibility, that is the responsibility of the Pakistani F.O., which has NOT denied that Davis has immunity from Pakistani jurisdiction, at least as long as the criminal investigation continues. Thus the F.O. has failed in its duty. Davis should never have been arrested by Pakistani authorities in the first place. Why does this not constitute grounds for releasing Davis immediately?

 

[LaBong]

LHC adjourns Davis hearing till March 8 – The Express Tribune



Not to confuse things, that his diplomatic immunity has not been rejected, he may still be immune from being sentenced, hey may be pronounced guilty and not sentenced because of his diplomatic immunity, which still needs to be declared by the federal government which will be done on March 14th.

There is no court case against someone who has diplomatic immunity, LHC can't find him guilty unless federal government declare his immunity as void.

 

[Leviza]

So what? That isn't Davis' responsibility, that is the responsibility of the Pakistani F.O., which has NOT denied that Davis has immunity from Pakistani jurisdiction, at least as long as the criminal investigation continues. Thus the F.O. has failed in its duty. Davis should never have been arrested by Pakistani authorities in the first place. Why does this not constitute grounds for releasing Davis immediately?

Davis is a killer and his links to Al-Qaida , TTP and other such organizations tells us something different, Pakistani FO have lots of time said his immunity is determined by court of law,
Americans need to see if they are against us or with us now, they are planning things which are security risk to us and ISI will tackle all those responsible.

How can you ask for his immunity as he is a killer and killed 2 innocent people, SHAME on Americans.....

 

[Leviza]

There is no court case against someone who has diplomatic immunity, LHC can't find him guilty unless federal government declare his immunity as void.

Court can see the documents to see if there is any immunity to him or not, as people of Pakistan fear American want their puppet Pak gov to make fake back dated document which is why immunity need to be final by court.

He is a killer, and no immunity to him, American themselves said he is a worker in lahore consulate so based on that he dose not enjoy immunity,
dont lie and face the court....

 

[LaBong]

Court can see the documents to see if there is any immunity to him or not, as people of Pakistan fear American want their puppet Pak gov to make fake back dated document which is why immunity need to be final by court.

He is a killer, and no immunity to him, American themselves said he is a worker in lahore consulate so based on that he dose not enjoy immunity,
dont lie and face the court....

Declaring his immunity as void is beyond the realm of court, only Govt of Pakistan can do so.

You can't revoke immunity in any condition, only US can revoke Davis's immunity.

 

[Leviza]

Declaring his immunity as void is beyond the realm of court, only Govt of Pakistan can do so.

You can't revoke immunity in any condition, only US can revoke Davis's immunity.

Dont apply your own logic everywhere, we are WOT front state and need keep a close eye on whose working on wrong grounds...

Infact USA themselves said he is security worker in lahore consulate which tell us no immunity whatsoever......

Pakistan Fo is not giving him immunity cant you and americans read under the lines

 

[Stumper]

Declaring his immunity as void is beyond the realm of court, only Govt of Pakistan can do so.

You can't revoke immunity in any condition, only US can revoke Davis's immunity.

No, not GoP. The MEA first decides if immunity is in place. But you are correct that the court can not decide on question of immunity.

 

[Solomon2]

Davis is a killer...How can you ask for his immunity -

Davis isn't immune from prosecution; he's immune from Pakistani jurisdiction. Even at the lowest level of immunity people think he has, he can't be held in Pakistani custody during a criminal investigation.

 

[LaBong]

No, not GoP. The MEA first decides if immunity is in place. But you are correct that the court can not decide on question of immunity.

MEA is part of GOP.