MURDER CHARGES COULD SILENCE KEY MV BARIMA WITNESSES AT COI

What this source establishes

Nigel Hughes described the murder charges as a "most perverse attempt at distraction" and questioned whether the allegations were supported by evidence of the intent legally required for murder. Hughes on the mens rea: "A charge of murder requires that the accused had the intention to kill his victim." He argued the prosecution "would have to establish that the accused possessed that intention when the vessel departed or developed it at some point during the voyage." Hughes on the COI effect: "Could it be that the real intention here is [that], the accused having been charged with murder, would not be able to.

Key claims

• Nigel Hughes described the murder charges as a "most perverse attempt at distraction" and questioned whether the allegations were supported by evidence of the intent legally required for murder.
• Hughes on the mens rea: "A charge of murder requires that the accused had the intention to kill his victim." He argued the prosecution "would have to establish that the accused possessed that intention when the vessel departed or developed it at some point during the voyage."
• Hughes on the COI effect: "Could it be that the real intention here is [that], the accused having been charged with murder, would not be able to testify before the COI, as any testimony at the COI can be used against them at the criminal trial?"
• Hughes: "Perhaps we have the unique ability to compound what is a tragedy of epic proportions into additional manifest injustice by the institution of murder charges, thereby silencing key witnesses before the COI."
• HGPTV qualifies the allegation directly: "That suggestion remains Hughes's stated concern; no evidence has been presented to establish that prosecutors filed the charges to prevent testimony."
• "The prosecution has not yet publicly detailed the evidence supporting the charges or the precise legal theory on which they are based."
• The three accused "may have critical information about the passenger count, cargo, loading process, condition of the vessel and events immediately preceding the capsizing" but "may be advised to exercise their right against self-incrimination and decline to answer questions before the commission."
• This article does NOT state a number of counts — it refers only to the three men being "jointly charged and remanded to prison on Tuesday."

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