RAYMOND DAVIS, HIS TRICKS & SECTION 302

By Mahtab Bashir
mahtabbashir@gmail.com
Islamabad

Many opine that Pakistan will not have to face any kind of negative consequences in case it refuses to release Raymond Allen Davis- a killer of two ‘innocent’ Pakistanis, despite growing US pressure. They are of their views adding that even isolation of Pakistan in the comity of nations would be a blessing in disguise and the Islamic Republic would emerge as a stronger country. If tiny countries like Cuba and North Korea could withstand pressures, there was no reason why Pakistan could not do so!

The challan submitted by the city police against US national Raymond Allen Davis in a court reveals that the accused tried to cheat the police by concealing the facts.

The challan reads that “Davis continuously told lies to the investigation team and completely refused to help them reach the facts, saying that the American consulate had directed him not to reply to any query of the police”.

The text of the incomplete challan submitted in the court is being produced here:

“The case was handed over to Lytton Road Police Station In-charge Investigation Inspector Muneer Ahmad. During the investigation, the inspector took the dead bodies of the two (victims of Davis) – Faizan Haider and Faheem Shamshad – from the emergency ward of the Services Hospital and in the guard of policemen sent them to the mortuary. Lytton Road Police Station SHO, Atif Meraj Khan, took the belongings of the dead and other material in his custody and got them registered in fardats (the relevant papers) and handed over to the investigation officer. The detail of the things is as follows: one belt, one pistol pouch, one handbag, two wallets, five mobile phones (Nokia 18910, Samsung, A1303, Sony Ericsson T 700, Nokia 1616, 6300), Pakistani and foreign currency (Yen 58,915, Omani Baisa 1100, Piso 10), two national identity cards bearing Faizan Haider and Zohra Shahzad’s names and different pieces of papers. Later, the IO visited the crime spot and took in possession the following things: the deceased persons’ Honda motorcycle bearing number LOV 4030, the blood of the two deceased on cotton buds, two pistols of 30 bore belonging to the deceased, pieces of shattered windowpanes of the accused’s vehicle, two empties, a 9mm pistol.

They were sealed and registered in relevant documents. The IO drew a rough sketch of the crime scene and recorded the statements of eyewitnesses. The witnesses said that the accused first shot at the deceased from inside his car and then came out of the car and fired two shots at Faizan Haider from the back. He took pictures of the dead Faheem and then called someone through his wireless to rescue him. The witnesses, traffic wardens Muhammad Hussain and Waqas Khaliq, told the IO that when the accused (whose name, according to his passport, is Raymond Allen Davis) ran from the crime scene in his car (Honda VTI) bearing number LEC-10/5545, they chased him and managed to overpower him at Old Anarkali Chowk and with the help of local police handed him over to Old Anarkali circle DSP, Raza Safdar Kazmi. The police also took in possession the following things from the custody of the accused: 9 mm Glock pistol, five magazines, 78 live bullets of 9mm, a passport, a long-range wireless set, global positioning system (GPS) with charger. From the car of the accused, the police took in possession the vehicle’s registration book, four empties of 9mm, two mobile phones, a telescope, an infrared light, a digital camera, a cutter, head torch, small torch, survival kit, memory card, 19 cards of different nature, a packet of niswar, Rs 5,805 and $126 in cash, ATM card, a PIA ticket, receipts of money changer and Bank Al-Falah, chit of the embassy, blank cheque of Federal Saving Bank, USA, etc.

All things were recorded while the two traffic wardens signed the papers as witnesses. The IO collected all these things from the custody of the Old Anarkali circle DSP and now this all material is being sent to the federal government through the Ministry of Interior for action and research. The DSP handed over a hand-written statement of the accused, written in the presence of the DSP, to the investigation officer. This statement reads that when the accused “halted his car at the traffic signal of Qartaba Chowk, one of the two motorcyclists pulled his pistol at him. He took out his pistol and fired at them in self-defence. The driver of the motorcycle ran away and the second fell on the motorcycle. He came out of the car and took three pictures of the boy and informed his embassy for his rescue”. He also said that when people gathered he managed to escape with his car.

The investigation officer inquired from the accused and he verified his statement word to word. The accused was officially taken into custody in this case and was shifted to a safe place for his security. A Land Cruiser which came to rescue Davis violated the one-way and ran over a citizen Ibadur Rehman. The Land Cruiser, which had a fake number plate, LZN-6970, while moving recklessly went to the US consulate. Different things fell off the Land Cruiser, and were found near the Faletti’s Hotel and Shimla Hill. These included: four magazines, 100 bullets, four battery cells, a scissor, a pair of gloves, compass with knife, battery, black coloured mask, a piece of cloth having American flag, special battery, small stick with pouch, a piece of iron, cloth bandage, a cloth magazine bag.

The FIR number 48/11 was registered on January 27 in the Lytton Road Police Station under Sections 302/34/427. On January 29, the dead bodies of the deceased - Faizan Haider and Faheem Shamshad - were handed over to their families after autopsy for burial. The accused, Raymond Davis, was produced in the court of Muhammad Zafar Iqbal Sial, judicial magistrate, with the written permission of district and sessions judge, Lahore. Davis was remanded for six days. The special investigation team formed to look into the case interrogated the accused and he could not produce licence of the pistol and another case, 49/11 of carrying illegal weapon was registered against him. The map of the crime scene was made. The postmortem reports of the deceased were received and according to that report the deceased Faizan Haider received five arm injuries. Two injuries were on the backside left buttock near the spinal cord and three in the front - right side of the chest, two on the left thigh. The deceased Faheem also got five arm injuries – two injuries on the back side in lumber area. One bullet entered the left elbow and crossed in front, second entered in the head from the upper side of the ear and third entered from the left side of the belly and came out from the right and another bullet hit the left thigh. The parcels of the material related to the case have been submitted to a chemical examiner and the Forensic Science Laboratory.

The car used by the accused is the property of one Sohail Nisar, a resident of Gulberg, who has given it to a company ‘Capital Car Rental’ and the company has given it on rent to American consulate on annual basis. The car has also been sent for forensic examination. On 11 February, on the conclusion of physical remand, the accused is being sent to jail on judicial remand.

During investigations it has come to light that the stance of the accused that he fired in self-defence is not correct on the following grounds: The postmortem report says that (1) Faizan and Faheem received three injuries each from the back side. (2) witnesses say that the accused fired at Faizan Haider at a time when he left the motorcycle and ran to save his life (3) the accused himself admitted that he fired at Faizan from the back when he was running (4) two empties recovered from the crime scene prove that the accused fired at the deceased after coming out of the car (5) the accused claims that one of the deceased cocked his pistol and pointed at him while the investigations reveal the chamber of the deceased’s pistol were empty and the bullets were in the magazine. And no one saw them aiming at the accused. (6) if the accused had to fire in self-defence he could fire at the lower part or legs of the deceased as he was an expert at using arms.

The accused has said in his written statement that he was coming from the embassy while the GPS record says that he was coming from his private residence at Scotch Corner, Upper Mall. The accused has concealed the fact. He refused to reply to any question during investigations, saying the American consulate had forbidden him to answer any question.

The blood samples are examined and proved that it is human blood. A forensic expert has confirmed that the empties had been fired from the same pistol recovered from the possession of the accused. The statements of the witnesses, recovery of weapon, and other evidences prove that the accused Raymond Allen Davis is guilty of committing a crime under section 302 of the Code of Criminal Procedure and an incomplete challan is being submitted against him. It is requested that the case be heard”.