GUILTY UK - Sara Sharif, 10, found murdered in house, Surrey, Aug 2023 *POIs ARREST* #4

[Yellowbelly]

from the above link.
On Monday, Mr Justice Cavanagh sent the jury away until Wednesday morning, saying he would give them directions in law before barristers began their closing speeches.

Interesting. So Batool and Malik aren't putting any evidence in front of the jury with regards to their defences. In effect, they must be arguing that the prosecution hasn't proven their case and hoping that the jury believe that it was all Urfan.

 

[Alyce]

As several of us correctly predicted - this is absolutely not a surprise.

It doesn't really require any legal expertise to work out the reason why. Plus - based on many previous trials followed on WS - it is very likely to resonate with the Jury ( not in a good way ).


The stepmother and uncle of Sara Sharif will not give evidence in their defence during their trial for the 10-year-old’s murder.

At the Old Bailey, Mr Justice Cavanagh asked if each of the defendants’ barristers had advised their clients that the “jury may draw such inference as is proper” from their failure to do so, and they confirmed they had.

Sara Sharif's stepmother and uncle not to give evidence in murder trial

Beinash Batool and Faisal Malik decline to give evidence in their trial for Sara's murder.

www.bbc.co.uk

 

[su5ie]

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Cowards indeed !! it seems its up to the prosecution to prove their guilt beyond reasonable doubt and unlike in the USA the juries in a UK Court can draw inference of guilt from a refusal to testify .
One can confer from communication between urfan and Batool and between her and her sisters that she at the very least allowed the death of a child
But has it been proven malik was involved at all by prosecution? I suspect this is why he is not defending himself and is taking on board his right to remain silent. I sincerely hope he doesn't escape real punishment for Sara death

 

[Alyce]

At the conclusion of his ( Urfan Sharif's ) evidence, lawyers for Batool, 30, and Sara’s uncle Faisal Malik, 29, indicated that neither would give evidence in their defence.

On Monday, Mr Justice Cavanagh told jurors it meant that except for a few agreed facts, they would hear no more evidence in the case. Mr Justice Cavanagh sent the jury away until Wednesday morning, saying he would give them directions in law before barristers began their closing speeches.

Stepmother and uncle decline to give evidence in Sara Sharif murder...

Lawyers for Beinash Batool and Faisal Malik indicated that neither would give evidence in their defence.

www.dailymail.co.uk

 

[su5ie]

If uncle
(Faisal Shahzad Malik)

from the Law pages above

is U's brother,
how come his surname is Malik,
and not Sharif as brother's and father's?

Maybe he is a cousin?
But treated as a brother?
Or he took mother's surname?
Hmmm....

JMO

And for that matter why does beinash retain her maiden name if urfan and herself are married. Or do Muslim marriages not require this of the woman ? Genuine question

 

[Moll]

As several of us correctly predicted - this is absolutely not a surprise.

It doesn't really require any legal expertise to work out the reason why. Plus - based on many previous trials followed on WS - it is very likely to resonate with the Jury ( not in a good way ).


The stepmother and uncle of Sara Sharif will not give evidence in their defence during their trial for the 10-year-old’s murder.

At the Old Bailey, Mr Justice Cavanagh asked if each of the defendants’ barristers had advised their clients that the “jury may draw such inference as is proper” from their failure to do so, and they confirmed they had.

Sara Sharif's stepmother and uncle not to give evidence in murder trial

Beinash Batool and Faisal Malik decline to give evidence in their trial for Sara's murder.

www.bbc.co.uk

You certainly did, Alyce, from early on. Until Urfan Sharif dramatically changed his testimony under Carolyn Carberry's cross-examination, I must admit I thought Beinash Batool would give evidence to deny his accusations, but that turnaround made it unlikely.

 

[su5ie]

Gives me something to read drinking my morning coffee

When you awake you will probably splurt out that coffee with what has transpired !!!

 

[Smithpanes]

As several of us correctly predicted - this is absolutely not a surprise.

It doesn't really require any legal expertise to work out the reason why. Plus - based on many previous trials followed on WS - it is very likely to resonate with the Jury ( not in a good way ).


The stepmother and uncle of Sara Sharif will not give evidence in their defence during their trial for the 10-year-old’s murder.

At the Old Bailey, Mr Justice Cavanagh asked if each of the defendants’ barristers had advised their clients that the “jury may draw such inference as is proper” from their failure to do so, and they confirmed they had.

Sara Sharif's stepmother and uncle not to give evidence in murder trial

Beinash Batool and Faisal Malik decline to give evidence in their trial for Sara's murder.

www.bbc.co.uk

It was obvious they were not going to testify. We said it all along. It’s not like they have any morals or values and are law abiding citizens! I don’t know why people thought they would?

 

[Moll]

And for that matter why does beinash retain her maiden name if urfan and herself are married. Or do Muslim marriages not require this of the woman ? Genuine question

No, they don't, in my experience. In Westernised Muslim societies, people may follow that tradition, or both.
Also re Faisal Malik, I don't know why he has a different second name from Sharif but teaching in a Muslim college for men for two years I was frequently confused by the register because they didn't automatically follow the name + father's name tradition.

 

[su5ie]

As several of us correctly predicted - this is absolutely not a surprise.

It doesn't really require any legal expertise to work out the reason why. Plus - based on many previous trials followed on WS - it is very likely to resonate with the Jury ( not in a good way ).


The stepmother and uncle of Sara Sharif will not give evidence in their defence during their trial for the 10-year-old’s murder.

At the Old Bailey, Mr Justice Cavanagh asked if each of the defendants’ barristers had advised their clients that the “jury may draw such inference as is proper” from their failure to do so, and they confirmed they had.

Sara Sharif's stepmother and uncle not to give evidence in murder trial

Beinash Batool and Faisal Malik decline to give evidence in their trial for Sara's murder.

www.bbc.co.uk

You did Alyce fair dues .. I on the other hand thought bienash would stand in her own defence. I think with urfans u turn . It may have been he knew bienash had too much on him . Tbh I'm raging she is not but more so I'm wondering what happens with 'dear uncle " malik !!do you think the prosecution have done enough to implicate him ?

 

[Alyce]

You did Alyce fair dues .. I on the other hand thought bienash would stand in her own defence. I think with urfans u turn . It may have been he knew bienash had too much on him . Tbh I'm raging she is not but more so I'm wondering what happens with 'dear uncle " malik !!do you think the prosecution have done enough to implicate him ?

It happens so often in trials. BB knows that she can't stand up to cross examination so, bad as it looks ( and it will go down badly with the Jury ) it would be even worse for her to be on the stand, getting tangled in knots by the Prosecution. Lesser of two evils ( sorry not the best quote there ! ) for her to remain silent.

As for Malik, we just don't know really. So little has been reported. I think the Prosecution have done enough to at least show he must have been aware of what was happening to Sara...but whether they are able to prove his active involvement, I just don't know.

 

[su5ie]

It happens so often in trials. BB knows that she can't stand up to cross examination so, bad as it looks ( and it will go down badly with the Jury ) it would be even worse for her to be on the stand, getting tangled in knots by the Prosecution. Lesser of two evils ( sorry not the best quote there ! ) for her to remain silent.

As for Malik, we just don't know really. So little has been reported. I think the Prosecution have done enough to at least show he must have been aware of what was happening to Sara...but whether they are able to prove his active involvement, I just don't know.

Yes most definitely I can see in hindsight and with further knowledge that bienash wouldn't stand a chance against the prosecution no matter how much her own defence team portrayed a woman who also allegedly may have suffered at urfans hands and the vulnerable teen / adult storyline .

Imo herself and urfan will be going down for a very long time . Malik it's a hard one to predict a verdict and I for one will be on the edge of my seat waiting for that .

I certainly hope none of the 3 are gleeful after the verdicts as even if their only suffering is to have no freedom for life , it will be a fraction of the justice Sara deserves.

 

[PKFS]

Batool and Malik are hoping that now that Sharif has "confessed", they are off the hook - so they dont want to be put to any cross questioning that exposes their guilt! (IMO)

Their choice not to testify is a calculated legal strategy that will shield them from cross-examination. Likely made to avoid self-incrimination or damaging cross-examination. But this can go against them as the jury may consider their decision not to testify as potentially indicating they have no credible explanation for the allegations against them.

Key thing is that "Burden of Proof" remains on the prosecution. In other words, the defendants' silence does not shift the burden of proof. The prosecution must still prove their guilt beyond a reasonable doubt.

The jury has to still rely on the evidence presented by the prosecution to determine guilt or innocence beyond reasonable doubt.

So it all rests on prosecution proving their guilt BEYOND reasonable doubt.

I hope and pray that there is all the proof needed to show the jury that these two are just as guilty as Sharif!!!!

 

[Dotta]

You did Alyce fair dues .. I on the other hand thought bienash would stand in her own defence. I think with urfans u turn . It may have been he knew bienash had too much on him . Tbh I'm raging she is not but more so I'm wondering what happens with 'dear uncle " malik !!do you think the prosecution have done enough to implicate him ?

U's U-turn changed everything.

We thought she would testify when being called a psycho and an abuser.
(Although IMO U was telling the truth for once)

Well,
at least this trial will end soon.

Justice for Sara couldn't come swift enough.

I believe in this Jury.

And the powerful Closing Speech of Prosecution.
Don't hold back, please!!!

Do your best for Sara!

JMO

Sara Sharif's stepmother and uncle not to give evidence in murder trial

Beinash Batool and Faisal Malik decline to give evidence in their trial for Sara's murder.

www.bbc.com

Stepmother and uncle decline to give evidence in Sara Sharif murder trial

Lawyers for Beinash Batool and Faisal Malik indicated that neither would give evidence in their defence.

www.whitchurchherald.co.uk

 

[PKFS]

In the UK, the decision to refuse to take the stand during a trial does not directly affect the length or severity of a sentence if a defendant is found guilty.

For Batool and Malik, refusing to testify may not directly result in a harsher sentence, BUT since it prevents the opportunities to present mitigating factors or demonstrate remorse, this might lead to the judge imposing a stricter penalty.

Let the jury decide what Batool meant when she said Sara's death was an "incident"!!!!
Let the jury decide how a grown adult went selectively blind, deaf and mute when it came to Sara's torture when he was in that house!!!!

JMO

 

[FlamingLily]

It happens so often in trials. BB knows that she can't stand up to cross examination so, bad as it looks ( and it will go down badly with the Jury ) it would be even worse for her to be on the stand, getting tangled in knots by the Prosecution. Lesser of two evils ( sorry not the best quote there ! ) for her to remain silent.

As for Malik, we just don't know really. So little has been reported. I think the Prosecution have done enough to at least show he must have been aware of what was happening to Sara...but whether they are able to prove his active involvement, I just don't know.

I wish neighbours had doorbell footage to make up for Urfan, Beinash and Faisal's discarded whereabouts. It might have shed more light on the uncle's involvement. Leticia Stauch was convicted for murdering Gannon Stauch with the help of her neighbour's driveway camera!

 

[PKFS]

I think -

Given the seriousness of the charges, public attention, and potential complexity of the evidence (since prosecution have to prove the guilt for Batool and Malik), the closing speech should take between 2 to 3 hours...

After this, the defense will deliver their closing speech (if they choose to make one). I dont know if there has been any information on whether they will. Common sense says defence would (their knowing what the prosecution will bring to the table).

This is just my expectation and not any formal announcement from the court.

 

[Moll]

I wish neighbours had doorbell footage to make up for Urfan, Beinash and Faisal's discarded whereabouts. It might have shed more light on the uncle's involvement. Leticia Stauch was convicted for murdering Gannon Stauch with the help of her neighbour's driveway camera!

Agreed, but like their running away, refusal to give evidence, removing their phones, etc, the fact that they removed the Ring doorbell contributes towards the picture of guilt.

 

[Skigh]

It happens so often in trials. BB knows that she can't stand up to cross examination so, bad as it looks ( and it will go down badly with the Jury ) it would be even worse for her to be on the stand, getting tangled in knots by the Prosecution. Lesser of two evils ( sorry not the best quote there ! ) for her to remain silent.

As for Malik, we just don't know really. So little has been reported. I think the Prosecution have done enough to at least show he must have been aware of what was happening to Sara...but whether they are able to prove his active involvement, I just don't know.

Well done,Alyce you predicted that B and F would not take the stand from the start of the trial.

 

[Smithpanes]

Now let’s hope that the evil sisters are brought to justice! How they sleep at night is beyond me?