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 Re: مماطلة في حق الاستئناف مهند يواجه حكم ظالم بالاعدام بماليزيا (Re: علي عبدالله جمعة)
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In the Name of Allah the Most Gracious the Most Merciful
Dear Readers;
On October 2009, a Sudanese man name Mohannad Taha Ismail been accuse in a Malaysian court with the murder of three-year-old Aaliyah Ayman Hussin Abdullah.
I presume you have heard about the devastating news in regarding of the death of a three year old and Mohannad Taha Ismail.
Mohannad Taha Ismail, 24 at the time, is alleged to have killed Aaliyah Ayman Hussin Abdullah, at Tower 9/D3/9 Palazzo Tower, Venice Hill Condominium, Batu 9, Cheras, between 7.30pm and 8.30pm. The mother, Ellina Maulad Mahather, is believed to be the girlfriend of the accused. She was reported to have divorced her first husband two months after marriage.
The woman initially told police that the child died after being abused by a domestic maid. However, checks showed that she had not hired any domestic help. Malaysian police had arrested Mohannad Taha Ismail for the murder of Aaliyah Ayman Hussin Abdullah.
The last verdict of this trail was as disappointing as it was very heart breaking for all of the family and the Sudanese Community. I am asking you readers to please take the time to read about Mohannad’s innocents.
As Mohannad’s family, we aren’t seeking justification for any wrong Mohannad might have committed, for an example having a live in girlfriend or dropping out of school. However, we are certain of his innocence on the murder of three-year-old Aaliyah Ayman Hussin Abdullah.
The reasons why we think Mohaned is innocent are:
The prosecution had only 2 main witnesses in this case, Dr Abdul Karim the pathologist and Ellina Maulad Mahathir the mother of the child.
Shaken baby syndrome was proven to be the cause of death of the three-year-old Aaliyah Ayman Hussin Abdullah. Dr. Abdul Karim, stated it became evident that the child death as a result of a shaken baby syndrome, which could have been caused 6 months prior to the child’s death. Shaken baby syndrome is caused when a child of tender age is shaken or thrown in the air in a playful manner resulting in the vein rubbing the scalp. This causes the vein to rupture causing a continuous slow bleeding into the brain which suppresses the brain and causes a slow death to the child.
It was also observed that there was no evidence in the prosecution case that Mohannad had shaken the child during the 2 month period the child stayed with him. The pathologist testimony also stated that he found 34 injuries on the child
which he said could not have caused the death of the child. The pathologist also stated that the injuries sustained by the child could have been caused by abuse with a hanger, ruler and being pinched repeatedly. And also he confirmed that these 34 injuries could be caused by a woman . The medical report proved that there were no sexual assaults or rape, as opposed to what some newspapers have baselessly reported that the Judge stated, “The deceased was raped.” There was no DNA evidence to confirm this. The judge has also stated, “There was no clear evidence to convict Mohannad; the lawyers have not brought forth appealing and persuasive proof.” Upon this statement, the interpreter started congratulating Mohannad for winning the case and being absolved of guild. The sentence spelled execution and capital punishment on what proof and grounds?
The doctor stated that the reason for the child’s death was an extreme concussion caused by shaken baby syndrome. Furthermore, the injuries witnessed on the victim’s body were more than a weeks old. Who, in their sane mind, would let their child be attended to by a violent person? There was no motive for Mohannad to commit such a crime; the witnesses had a consensus that the victim child used to call Mohannad, “daddy”. During the case there was no clear evidence that Mohannad had hit the child or caused her death. On the contrary he tried his best to save the child while the mother was too busy at a party and afraid to take the child to the hospital. Did I mention the entire year of the trail the mother of the victim had nowhere to be seen. If I lost my child to a boyfriend who had beaten to death, I would be there every day to make sure my child would get justice.
As for the second witness for the prosecution Ellina Maulad Mahathir had false statements on many different occasions during the trial. The first lie when the judge asked her about the day of the incident if she has checked with her child before going to work and if she seen the injuries on her child. She stated that the child was in good condition and there were no injury what so ever. She made false statements about her marriage to Ayman Hussein, the biological father of the deceased child. She was never married to Ayman and making the child born out of wedlock. Why would she make such a false statement of being married? For those who read the papers are unaware the true statements she had made to the police. She initially stated in her police report that her child was abused by her Indonesian maid named Samsiah. Later during the police interrogation she blamed Mohannad for the abuse and subsequent death. Ellina had made statements that she had seen Mohannad hit and abuse her child. Yet still left her daughter with him? Why did she change her story? Why was she trying to blame someone else? The question, which still remains unanswered, is what kind of a mother would forsake her own child’s safety? As any mother would say they would never leave a child with someone who will hit or abuse them or their children. Ellina stated she went to work and came home to her child this way. Mohannad stated that he asked Ellina numerous times that she needed to take her daughter to a doctor. Ellina ignored his request before going to work. The phone record showed that Mohannad had called her throughout the day several times to come home for he thinks the baby needs to see medical
Attention. The child kept urinating on herself, and shaking her head violently. Mohannad stated that she needed to come home immediately to address her daughter health. Ellina again ignored his request. The reason that let Mohannad to leave and get her form the stage. Which then he took upon himself and had take Aaliyah (the victim) to the hospital. There were many surveillance cameras on film showing him running into the hospital with the helpless child for medical attention. The surveillance camera also shows her walking slowly behind him a minute later. Don’t you think if the mother was really concern of her own child she would either carry her by herself or be right next to her at all times? Case studies have shown around the world the abuser is the one who does not think children need medical treatment. Dylan Lee Edmondson a 3 month old baby. The mother told investigators she became angry because the baby was crying while she was playing a computer game called Farmville on the Facebook social-networking website. The mother told investigators that she shook the baby, smoked a cigarette to compose her and then shook him again. She said the baby may have hit his head during the shaking. “Through the years, I had noticed we had a lot of female perpetrators, so I decided to see if there were any differences, and there were,” said Dr. Debra Esernio-Jenssen, medical director of the UF Child Protection Team. She conducted her research while medical director of a child protection consultation team at a New York children’s hospital. Mothers for centuries, probably, have been picking up and shaking infants,” Esernio-Jenssen said. “Although males are often more represented (in criminal cases), when you take anonymous phone calls, mothers say they shake their kids to get them to stop crying. If you do shake a baby hard enough, they do go to sleep; they become unconscious.”The head trauma from this type of abuse is similar to the damage that would occur if a child were in a major car collision or if the car rolled over. Shaking violence can include bleeding and swelling in the brain and retinal hemorrhages. It can also cause the heart or breathing to stop and can induce a coma. If the child survives, long-term neurological damage can occur. In the past research has typically linked child head trauma abuse to men; however, half of the patients (ages 1 month to almost three years old) in this study were abused by women. Women commit shaken baby violence as often as men and are far less likely to confess, according to a new University of Florida study. “This is not playing, bouncing the baby on your knee or even tossing him up in the air. This is violent, severe shaking,” she said. Nearly all the children in the study had bleeding in the brain and retinal hemorrhages. They were also more likely to have cardiopulmonary arrest, require care from neurosurgeons and have a worse outcome if they were shaken by a man. Only three of the 17 female abusers confessed, compared with 15 of 17 men; the women were also least likely to be prosecuted. Eighteen of the perpetrators confessed specifically to shaking the child, linking the victims’ head trauma to shaking and not a blow to the head or other injury, Esernio-Jenssen said.“This adds to the literature,” she said. “People do confess to shaking, alone. And kids do die from shaking.
According to the aforementioned reasons and firm belief of Mohannad’s innocence, we will appeal the case before highercourts and judges. Mohannad is entitled to only three appeals. In spite of the above clear evidence absolving Mohannad, Mohannad was sentenced to death on the 30th of September 2011. Please consider that Mohannad was wrongfully accused in September ( October ) 2009 and maybe the fact that is . he is a Sudanese black African led to him being found guilty. I request the people help to save Mohannad. As we have been attentively following the case, it has become evident to us that the judge is clearly prejudiced. This prejudice led to the resignation and withdraw of the first lawyer, Kumar. Attorney Kumar was recommended to us with the help of the Sudanese Embassy in Malaysia. The Sudanese Ambassador to Malaysia, Mr. Nadir Yousif, and the Sudanese Consulate in Malaysia, Mr. Tariq Eltom provided us with great assistance in finding this highly regarded attorney. He raised a complaint to the Chief Judge about the judge`s behaviour and did not ger any response till now. Mr. Kumar recommender Mr. Hisyam Teh, one of the most reputable attorney in Malaysia to take over . Mr. Kumar was also recommended to us by the highly touted professor of law, and the many Sudanese in Malaysia. It was apparent to us that Attorney Kumar was extremely proud that he would be receiving guidance and support from them in this case. In speaking with Kumar, when we first met him and agreed to hire him for legal representation in the court of law, he was extremely confident and certain of Mohannad’s innocence. “Had I had the smallest doubt, I wouldn’t have taken Mohannad’s case in the first place, innocence was clear and the facts of the case clearly proved his innocence.” Kumar said. I want to thank our Sudanese Brothers and Sisters for their support and guidance. I especially would like to thank the Sudanese embassy in Malaysia. They have been extremely helpful and supporting. I would like to particularly express my gratitude to the highly mannered and well spoken Tariq Eltom, the Sudanese consulate in Malaysia, who has outdone himself in helping and reaching out to us. Indeed, he is an example of a chivalrous and honorable Sudanese. I also would like to thank the Sudanese ambassador in Malaysia, Mr. Nadir Yousif, for his unfaltering support and also both Mr. Abbadi and Mr. Sabri for their utmost effort extended to us.
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othman mohmmadien
توفيق عبد المجيد
فيس بوك
تويتر
انستقرام
يوتيوب
بنتيريست