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Rediff.com  » News » Pakistan court rejects Davis's claim about immunity

Pakistan court rejects Davis's claim about immunity

By M Zulqernain
March 03, 2011 15:32 IST
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In a setback to the United States' efforts to seek early release of its national Raymond Davis, who was arrested for double murder, a Pakistani court on Thursday rejected his claim that he has diplomatic immunity and said it would go ahead with his trial.

During the last hearing of the case, 37-year-old Davis, a suspected Central Intelligence Agency contractor, had filed an application in which he insisted that he had immunity. Lawyers representing the families of the two men shot dead by Davis in Lahore in January and the prosecution counsel on Thursday presented their arguments during proceedings conducted behind closed doors at Kot Lakhpat Jail by Additional District and Sessions Judge Yousuf Aujla.

After hearing the arguments of defence and prosecution lawyers, Judge Aujla said no authentic document had been presented by Davis or the Pakistan government to show that the American national had diplomatic immunity. The judge said a note provided by the US embassy was not sufficient to prove Davis' diplomatic status.

He rejected Davis's application claiming diplomatic immunity and said the court has the jurisdiction to go ahead with his trial. When defence lawyers told the judge that they had not been provided all the documents related to the charges levelled against Davis, Aujla directed the prosecution to ensure this was done and adjourned the case till March 8.

Lawyers representing the families of the two men killed by Davis said they expected the court to formally indict Davis at the next hearing. Davis was represented at Thursday's hearing by three lawyers, including Zahid Hussain Bukhari, a former judge of the Lahore high court.

US Consul General Carmela Conroy observed the proceedings that were held in the heavily-guarded Kot Lakhpat Jail for security reasons. Davis is being held in the same prison. At the last hearing, Davis had refused to sign the charge-sheet that was given to him and insisted that he had immunity.

He also contended that Pakistani courts could not take action against him. Davis was arrested in Lahore on January 27 after he shot and killed two armed men, claiming they were trying to rob him.

Police rejected Davis' claim that he acted in self-defence and booked him for murder. The case has been complicated by reports in the US media that Davis was working as a security contractor for the CIA.

The Pakistan government has rejected repeated demands by the US to free Davis on the grounds of diplomatic immunity and relations between the two countries have plunged to a new low.

On March 14, the Lahore high court will hear a separate case to decide Davis' diplomatic status. Pakistani leaders, including Prime Minister Yousuf Raza Gilani, have said the matter should be settled by the courts.

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M Zulqernain In Lahore
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