Kerala HC dismisses plea of prime accused in 'cyanide' case to inspect crime scene

Kochi, Aug 11 (IANS) The Kerala High Court on Monday refused to intervene in a trial court order that denied permission to Jollyamma Joseph, alias Jolly Joseph, the prime accused in the sensational Koodathayi serial murder case, to visit the crime scene along with her new lawyer.

Jolly is accused of murdering six of her family members, including her first husband, Roy Thomas, by administering cyanide, allegedly to gain control over the family’s assets.

The three persons alleged to have been murdered by Jolly through cyanide poisoning were her then husband, Roy Thomas, and his parents.

Her trial is currently underway before the Additional District Court (Special Court for Trial of Maradu Cases) in Kozhikode and is in its final stages.

Justice V.G. Arun, while dismissing Jolly’s petition challenging the trial court’s decision, observed that the proceedings were at a “fag end” with 124 prosecution witnesses already examined.

Jolly’s new counsel argued that her previous lawyer had recently passed away, and the current defence team required a visit to the scene of the occurrence to prepare an effective defence.

The counsel maintained that such an inspection was essential to ensure a fair trial.

However, the prosecution countered that all relevant documents, including the scene mahazar, had already been handed over to the defence and that witnesses had been cross-examined on the basis of these materials.

It further pointed out that the alleged crimes took place before 2011, meaning the site would have undergone significant changes over the years.

Moreover, the location in question was Jolly’s own former residence, which she was already familiar with.

The trial court had earlier rejected the plea, citing security concerns and the costs involved.

Jolly’s counsel argued that these grounds were insufficient and infringed upon her constitutional right to a fair trial.

Upholding the trial court’s stance, Justice Arun stated, “The trial has progressed substantially. As rightly pointed out by the prosecutor, the scene of occurrence is the petitioner’s residential house, and changes would have also occurred over the years. In such circumstances, the rejection of the request will not impede the right to a fair trial.”

With Monday’s decision, Jolly’s high-profile murder trial will proceed without a fresh inspection of the crime scene by her defence team.

--IANS

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