Good to see someone from USA giving an alternate view of the facts presented.
The judgment Aafia case has many flaws but just to give you some idea:
- It doesn’t prove anything regarding her affiliation with Al-Qaida which was the primary reason for her abduction.
- It doesn’t discuss her abduction from Karachi in 2003 with here children and the feared death of her youngest daughter by the hands of kidnappers. There is still no clue for the other daughter.
- The decision talks of her having some attack plans. No evidence quality was checked and if we look at this point in line with the point of her abduction from Karachi in 2003 , this turns out to be as true as “Iraq having WMDs”.
All this is given in case background to create a fear among the reader about the accused without any solid proofs.
-The jury has given decision against her for attacking US citizens and soldiers even though no fingerprints were found on the M-4 rifle and no proof of firing with M-4 riffle were found and presented by FBI.
On principles the burden of proof lies with the prosecution or accusing party but here accused was found guilty because she could not prove herself innocent to the satisfaction of the jury.
You can read the judgment at FINDLAW: here
Originally submitted under comments here by a law expert -
Wednesday, February 10, 2010