Defense argues for acquittal in Thami Bennani murder trial

Defense argues for acquittal in Thami Bennani murder trial
Tuesday 11 July 2023 - 16:05

During Monday’s hearing session of the Thami Bennani murder case, which grabbed the Moroccan public’s attention, the defendants’ defense argued for their clients’ acquittal. 

The defense refuted the charges against them, emphasizing the injustice faced by the defendants due to their arrest without substantial evidence linking them to the crime.

Lawyer Mohamed Senaoui, a member of the defense team, noted that, “Bennani’s defense argues that he died and was not killed, and death could be the result of an accident or overdose. I thank my colleague for being logical and stating that Bennani died and not that he was killed.”

Senaoui expressed doubts about the credibility of certain testimonies presented by witnesses in previous sessions. He challenged the statements of the victim’s mother attempting to expose alleged  contradictions. He highlighted that in one of her statements, she confirmed meeting Thami Bennani in Rabat which displeased her.

Going further, Senaoui directly addressed the court, raising a concerning issue: “We heard inside this courtroom that the organs of Thami Bennani were trafficked at Ibn Rochd Hospital,”adding “This is a serious accusation against a public institution. If the state is trafficking in the organs of its citizens, this is a crime, and it tarnishes the reputation of the country. Where is the evidence that Bennani’s organs were trafficked at the hospital?”

The defense team argued that the defendants fell victim to a judicial error resulting from the investigating judge’s reliance on statements without conducting a thorough investigation.

They asserted, “These detainees are victims of a judicial error, spending four years in pretrial detention, as the investigating judge pursued the case without searching for evidence incriminating them.”

Lawyer Thami Charqaoui emphasized that the alleged murder committed by his clients had not been proven. He deemed the findings of the investigating judge as “merely formal and not realistic.”

Following the proceedings, the court adjourned the case until Wednesday, allowing the defense to continue their pleadings.

It is worth noting that, last Friday,  the Public Prosecutor surprised the audience by confirming that the murder of Thami Bennani in 2007 has been proven. The Prosecutor revealed gruesome details such as severed head, bruises on the body, and torn pants due to dragging. 

The Deputy General Prosecutor demanded maximum sentences for the defendants held in custody, while the civil party requested further investigation into the involvement of the culprits’ parents. 

After 16 years, Thami Bennani’s mother found some solace in the prosecutor’s assertion, bringing her son’s case closer to justice.

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