The Court of Appeal says it is considering allowing the
appeal, or ordering a retrial of a Pakistani guard who was jailed for life for
murdering his 25-year-old Austrian-Filipina girlfriend nearly four years ago.
Justices Andrew Macrae, Ian McWalters and Derek Pang said in
court on Mar 19 that they want to listen to the arguments of both sides when
the appeal hearing continues on Apr 9.
The three justices sat on the first day of the hearing at
the High Court on Mar. 19.
“The question is, should we allow the appeal, or should we
retry?” said Justice MacWalters.
The appellant’s counsel, barrister David Boyton, was visibly
relieved when Justice Macrae, after a huddle with the two other judges, gave a
hint of the direction of the case.
“We will reconvene to hear your arguments as to what we
should do in the event that we allow the appeal,” Macrae said.
Safdar Husnain, 30, is appealing his conviction for the murder of Andrea
Bayr on Mar 29, 2016, on the ground of diminished responsibility. He was found
guilty after a jury trial before Judge Kevin Zervos in May last year.
Boyton argued that Zervos did not consider a letter from a
psychiatrist stating that the 29-year-old defendant was suffering from a narcotics-induced
psychosis.
Boyton said the judge apparently misinterpreted the report,
and gave a wrong direction to the jury.
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Before the trial, the defense counsel said he had discussed
with prosecution the possibility of amending the murder charge to manslaughter
after a report by another psychiatrist indicated Husnain’s mental state was
affected by his drug-taking.
On questioning by the three justices, counsel for the
respondent agreed the trial judge could have misunderstood the report. He also said
he did not know the basis for the jury’s verdict, prompting the court to
consider allowing the appeal.
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