By Qazi Faez Isa
"CAUSING any evidence of the commission of that offence to disappear with the intention of screening the offender" in a murder case is punishable by seven years' imprisonment and fine (Section 201, Pakistan Penal Code).
"The most important aspect of evidence collection and preservation is protecting the crime scene. This is to keep the pertinent evidence uncontaminated until it can be recorded and collected. The successful prosecution of a case can hinge on the state of the physical evidence." ('Protecting the Crime Scene' by George Schiro, forensic scientist, Louisiana State Police Crime Laboratory.)
A high-pressure water hose was used to wash away the crime scene at Liaquat Bagh immediately after the assassination of Benazir Bhutto on Dec 27. The same was done earlier when her cavalcade was bombed on Oct 18. Why? In contrast, when the periphery of the ISI headquarters was bombed the crime scene was immediately secured and no hose brought out.A Guide for Explosion and Bombing Scene Investigation, published by the US National Institute of Justice, mandates certain essential requirements.
"The investigator must ensure the integrity of the scene by establishing security perimeters and staging areas, contamination control procedures, and evidence collection and control procedures…. The investigator must ensure that photographic documentation is included in the permanent scene record. This documentation should be completed prior to the removal or disturbance of any items." The physical evidence must be identified, collected, preserved, inventoried, packaged and transported to "establish that a crime was committed and link elements of the crime to possible suspects," the guide adds.
"Patience and care are very important at the crime scene. The investigator should take the proper time and care in processing the scene. The work is tedious and time-consuming." ('Duty Description for the Crime Scene Investigator' by Mike Byrd, Miami-Dade Police Department, Crime Scene Investigations.)
A clean-shaven young man pulled out a pistol, aimed and fired directly at Benazir Bhutto. These shots were fired from close, almost point-blank, range. Has any effort been made to identify the assassin? The assassin is clearly visible in photos and recordings and his identification could lead to his sponsors.
Did the subsequent bomb explosion kill the assassin or did he escape? If killed, it is reasonable to presume that the bomb was meant to eliminate him since Benazir had already been shot. If the assassin died in the subsequent explosion, were his remains secured? Have his fingerprints been matched against Nadra's computerised databank to determine his identity? Has the bomb residue been secured? The explosive device provides information and may lead to the identification of the perpetrators.
The first thing an investigation does is to secure the murder weapon, the pistol and the casings of the bullets used by the assassin. The bomb blast would not destroy these hard metal objects. What happened to the pistol and the ejected bullet casings?
"Actions taken at the outset of an investigation at a crime scene can play a pivotal role in the resolution of a case. Careful, thorough investigation is key to ensure that potential physical evidence is not tainted or destroyed or potential witnesses overlooked." (Janet Reno, who was then the US attorney general, writing in 2000.)
The police team appointed by the government of Pakistan to probe the assassination visited the crime scene for the first time on Dec 31, five days after the incident and after the place had been thoroughly scrubbed. The police officer chosen to lead the investigation was at the time performing Haj and returned to Pakistan on Dec 30. Did his absence from Pakistan at the crucial time determine his appointment? He said to reporters that he is waiting to be briefed before starting the investigation. Briefing the investigator?
The ministry of interior promptly determined that Benazir was not killed by a bullet or bullets even before the investigation team started its work. The lever theory was proclaimed. The shock wave of the explosion is supposed to have pushed Benazir against the lever of the vehicle's sunroof, yet photographs and recordings show Benazir's head disappearing before the explosion and immediately after the shooting.
"An investigator must not leap to an immediate conclusion as to what happened based upon limited information but must generate several different theories of the crime, keeping the ones that are not eliminated by incoming information at the scene." (Forensic Technology for Law Enforcement workbook, California Commission on Peace Officer Standards and Training.)
Why then did the interior ministry hurry to announce the cause of Benazir's death and why did it adamantly stick to the 'lever theory' when evidence didn't support it?
"Don't just stand and speak of your work. A great investigator-technician allows their work to speak of them!" ('Duty Description for the Crime Scene Investigator'.) Brigadier Cheema of the interior ministry insists the deed was done on Baitullah Mehsud's instructions though the assassin and the person standing close to him, presumably the bomber, do not appear to be ethnic Pukhtoon/Taliban. Brigadier Cheema demonstrated that he does not even know the difference between Pushto, the language, from Pukhtoon/Pushtoon, the people speaking Pushto. And why does Mehsud deny responsibility if the killing was for his cause?
A couple of days before Benazir's arrival in Pakistan she wrote to Musharraf naming those who would be responsible if she was assassinated. She also wrote to others. Why are these letters, documents the law categorises as "relevant", disregarded?
"Statements, written or verbal, made by a person who is dead … when the statement is made by a person as to the cause of his death … such statements are relevant" (Article 46, Qanun-i-Shahadat Order). The superior courts of Pakistan have convicted persons on the basis of such declarations.
Will the investigators follow up on the statements made by Benazir? General Musharraf categorically told the nation on Jan 2, "I have no doubt that Baitullah Mehsud and Maulana Fazlullah … have got Shaheed Mohtarma Benazir Bhutto killed"? Does this 'verdict' stifle Benazir's accusations from beyond the grave?
Initially Musharraf refused to send for foreign forensic experts but after the credibility of his investigation was left in tatters, Scotland Yard's assistance was sought to keep appearances. By the time the Scotland Yard team arrived on Jan 4, over a week had elapsed since the assassination. After washing away the evidence and the inexcusable delay, the trial is probably stone cold.
The government also appointed a judicial inquiry commission by an LHC judge "acceptable to Asif Ali Zardari". Zardari refused and stated that he had no confidence in anyone as none were independent. When Gen Musharraf destroyed the judiciary and the Constitution on Nov 3 the state fractured. Does he still not realise the importance of a credible independent judiciary which the people trust?
Destruction and disregard of evidence shielded the terrorists who attacked Benazir. Whatever semblance of justice remained in the Islamic Republic of Pakistan has been annihilated. The assassin and the bomber are now star players on the national scene keeping secure the status quo.
"The most important aspect of evidence collection and preservation is protecting the crime scene. This is to keep the pertinent evidence uncontaminated until it can be recorded and collected. The successful prosecution of a case can hinge on the state of the physical evidence." ('Protecting the Crime Scene' by George Schiro, forensic scientist, Louisiana State Police Crime Laboratory.)
A high-pressure water hose was used to wash away the crime scene at Liaquat Bagh immediately after the assassination of Benazir Bhutto on Dec 27. The same was done earlier when her cavalcade was bombed on Oct 18. Why? In contrast, when the periphery of the ISI headquarters was bombed the crime scene was immediately secured and no hose brought out.A Guide for Explosion and Bombing Scene Investigation, published by the US National Institute of Justice, mandates certain essential requirements.
"The investigator must ensure the integrity of the scene by establishing security perimeters and staging areas, contamination control procedures, and evidence collection and control procedures…. The investigator must ensure that photographic documentation is included in the permanent scene record. This documentation should be completed prior to the removal or disturbance of any items." The physical evidence must be identified, collected, preserved, inventoried, packaged and transported to "establish that a crime was committed and link elements of the crime to possible suspects," the guide adds.
"Patience and care are very important at the crime scene. The investigator should take the proper time and care in processing the scene. The work is tedious and time-consuming." ('Duty Description for the Crime Scene Investigator' by Mike Byrd, Miami-Dade Police Department, Crime Scene Investigations.)
A clean-shaven young man pulled out a pistol, aimed and fired directly at Benazir Bhutto. These shots were fired from close, almost point-blank, range. Has any effort been made to identify the assassin? The assassin is clearly visible in photos and recordings and his identification could lead to his sponsors.
Did the subsequent bomb explosion kill the assassin or did he escape? If killed, it is reasonable to presume that the bomb was meant to eliminate him since Benazir had already been shot. If the assassin died in the subsequent explosion, were his remains secured? Have his fingerprints been matched against Nadra's computerised databank to determine his identity? Has the bomb residue been secured? The explosive device provides information and may lead to the identification of the perpetrators.
The first thing an investigation does is to secure the murder weapon, the pistol and the casings of the bullets used by the assassin. The bomb blast would not destroy these hard metal objects. What happened to the pistol and the ejected bullet casings?
"Actions taken at the outset of an investigation at a crime scene can play a pivotal role in the resolution of a case. Careful, thorough investigation is key to ensure that potential physical evidence is not tainted or destroyed or potential witnesses overlooked." (Janet Reno, who was then the US attorney general, writing in 2000.)
The police team appointed by the government of Pakistan to probe the assassination visited the crime scene for the first time on Dec 31, five days after the incident and after the place had been thoroughly scrubbed. The police officer chosen to lead the investigation was at the time performing Haj and returned to Pakistan on Dec 30. Did his absence from Pakistan at the crucial time determine his appointment? He said to reporters that he is waiting to be briefed before starting the investigation. Briefing the investigator?
The ministry of interior promptly determined that Benazir was not killed by a bullet or bullets even before the investigation team started its work. The lever theory was proclaimed. The shock wave of the explosion is supposed to have pushed Benazir against the lever of the vehicle's sunroof, yet photographs and recordings show Benazir's head disappearing before the explosion and immediately after the shooting.
"An investigator must not leap to an immediate conclusion as to what happened based upon limited information but must generate several different theories of the crime, keeping the ones that are not eliminated by incoming information at the scene." (Forensic Technology for Law Enforcement workbook, California Commission on Peace Officer Standards and Training.)
Why then did the interior ministry hurry to announce the cause of Benazir's death and why did it adamantly stick to the 'lever theory' when evidence didn't support it?
"Don't just stand and speak of your work. A great investigator-technician allows their work to speak of them!" ('Duty Description for the Crime Scene Investigator'.) Brigadier Cheema of the interior ministry insists the deed was done on Baitullah Mehsud's instructions though the assassin and the person standing close to him, presumably the bomber, do not appear to be ethnic Pukhtoon/Taliban. Brigadier Cheema demonstrated that he does not even know the difference between Pushto, the language, from Pukhtoon/Pushtoon, the people speaking Pushto. And why does Mehsud deny responsibility if the killing was for his cause?
A couple of days before Benazir's arrival in Pakistan she wrote to Musharraf naming those who would be responsible if she was assassinated. She also wrote to others. Why are these letters, documents the law categorises as "relevant", disregarded?
"Statements, written or verbal, made by a person who is dead … when the statement is made by a person as to the cause of his death … such statements are relevant" (Article 46, Qanun-i-Shahadat Order). The superior courts of Pakistan have convicted persons on the basis of such declarations.
Will the investigators follow up on the statements made by Benazir? General Musharraf categorically told the nation on Jan 2, "I have no doubt that Baitullah Mehsud and Maulana Fazlullah … have got Shaheed Mohtarma Benazir Bhutto killed"? Does this 'verdict' stifle Benazir's accusations from beyond the grave?
Initially Musharraf refused to send for foreign forensic experts but after the credibility of his investigation was left in tatters, Scotland Yard's assistance was sought to keep appearances. By the time the Scotland Yard team arrived on Jan 4, over a week had elapsed since the assassination. After washing away the evidence and the inexcusable delay, the trial is probably stone cold.
The government also appointed a judicial inquiry commission by an LHC judge "acceptable to Asif Ali Zardari". Zardari refused and stated that he had no confidence in anyone as none were independent. When Gen Musharraf destroyed the judiciary and the Constitution on Nov 3 the state fractured. Does he still not realise the importance of a credible independent judiciary which the people trust?
Destruction and disregard of evidence shielded the terrorists who attacked Benazir. Whatever semblance of justice remained in the Islamic Republic of Pakistan has been annihilated. The assassin and the bomber are now star players on the national scene keeping secure the status quo.
Courtesy DAWN
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