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Court rejects M’sian accomplice’s deposition against Bali bomber Hambali

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Guantanamo Bay Inmates Fail to Admit Evidence in Plea Bargain Deal

The case of Nazir Lep and Farik Amin, two Malaysians who were repatriated from Guantanamo Bay in December, has taken a surprising turn. As part of a plea bargain deal with the US government, they pleaded guilty to abetting the alleged mastermind of the 2002 Bali bombings, Nurjaman Encep, also known as Hambali. However, the prosecution has failed to admit into evidence sworn depositions given by the duo against Hambali.

Plea Bargain Deal

The pre-trial agreement between Nazir Lep and Farik Amin and the US government saw them plead guilty to abetting Hambali. The duo were sentenced to 23 years in prison last January, but under the terms of the deal, may be released after five years and repatriated to a third country. They were repatriated in December and are presently detained at an unknown destination.

Court Ruling

In a March 12 ruling, Presiding Judge Wesley A Braun stated that the US government had not presented evidence of any effort to secure Nazir’s attendance to testify – either in person or remotely. According to Braun, the court must first determine whether the witness is absent despite good-faith efforts on the part of the government to locate and produce him. "Only after determining that the government has in good faith made efforts to have the witness testify, may the court rely on the rules to approve the admission of the witness’ deposition at trial," he said.

Consequences of Plea Bargain Deal

The consequences of this plea bargain deal are far-reaching. The duo may be released after five years and repatriated to a third country, leaving many questions unanswered. The exact location of their detention remains unknown, and the fate of the evidence they provided against Hambali remains uncertain.

FAQs

  • What is the significance of this case?
    The case highlights the complexities of plea bargain deals and the challenges of admitting evidence in court.
  • What are the implications of this ruling?
    The ruling may have significant implications for the prosecution’s case against Hambali and potentially jeopardize the evidence they have gathered.
  • What is the current status of Nazir Lep and Farik Amin?
    They are currently detained at an unknown destination, and their fate remains uncertain.
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