It was noted that the accuser's conduct in conducting the proceeding was in violation of his rights, and harmed the defense of defendant 1. According to counsel for the accused, the accuser summoned the prosecution witness Muhammad to testify, without any preparation, interview, or summoning his defense attorney for the purpose of giving testimony, contrary to the instructions of the State Attorney (No. 7.13) and the accuser's professional duty. He detailed that the state did not take care to explain to the witness his status, his rights, and his understanding of the process. In addition, it was claimed that in Muhammad's testimony, Muhammad stated that he had been told before his testimony, by the accuser's representatives, that he had been invited to testify by the defense, since the defendants wanted to "drop the case on him," which made him unwilling to cooperate. At that time, his notices were submitted within the framework of section 10A as aforesaid.
In light of this, counsel for defendant 1 noted that the accuser had no evidence to prove the defendant's guilt, and that the accuser had not met the burden imposed on her in a criminal trial, and therefore defendant 1 should be acquitted of committing the murder.
Summaries on behalf of the defense Defendants 2 and 3
Counsel for defendants 2 and 3 also argued in their written summaries that the accuser did not meet the burden of proof imposed on her to prove beyond a reasonable doubt that the offenses attributed to the defendants in the indictment were committed. It was claimed that the main evidence in the case was the testimony of Muhammad Ashiwi, who was charged in a separate indictment for the murder of the deceased. It was also claimed that Muhammad is an accomplice witness according to the legal definition, who refrained from testifying in court voluntarily and was in fact forced to answer the questions thrown at him, while confronting his words with the recorded informant, while making a considerable effort to disapprove of what he gave to the informant.