Defence witnesses fail to appear in Vargas murder trial
Mary, a Filipino nurse who worked at Indira Gandhi Memorial Hospital, was killed in October 2021.
Four defence witnesses listed in the case of Marvin SY Vargas, accused of killing his wife Mary Grace Oned Pineda, failed to appear in court at their final scheduled opportunity, proceedings heard on Thursday.
Mary, a Filipino nurse who worked at Indira Gandhi Memorial Hospital, was killed in October 2021. Marvin Vargas has been charged with knowingly killing a person.
Five Filipino nationals living in the Maldives had been submitted by the defence as character witnesses for Vargas. Of those, only one has appeared in court and provided testimony. The remaining four were granted a final opportunity to testify at a hearing scheduled for Sunday but did not attend.
Thursday’s hearing, scheduled for 1:00 pm, began after 2:30 pm.
Vargas’s lawyer, Ismail Mohamed, told the court that the witnesses were being produced by Vargas’s mother and that efforts had been made to secure their attendance. He said the witnesses could no longer be contacted and were not responding to phone calls.
The court was informed that the case would proceed without their testimony. The defence has concluded its decision not to present further witnesses, and the case will move to the summary stage.
A further hearing has been scheduled for 14 next month for the filing of summary judgments.
During Thursday’s hearing, Vargas raised concerns about delays in obtaining medical care while in custody. He told the court that he required treatment for an eye condition and had previously been advised to undergo surgery. Vargas said he is allergic to pain medication and requires specialist care.
The prosecution said the matter had not previously been raised with prosecutors.
According to the prosecution, Mary was killed on 19 October 2021 after being assaulted on the head and neck and suffocated. Prosecutors allege that Vargas carried out the killing with the assistance of Haleemath Lamha Abdul Rahman, an IGMH nurse whom Vargas was allegedly in a relationship with at the time.
Lamha has been charged with knowingly participating in murder, an offence carrying a basic penalty of six years’ imprisonment. She also faces additional charges of unauthorised possession of another person’s property and carrying out an act without required permission, each carrying a basic penalty of two months and 12 days in jail.
The prosecution alleges that between 12:00 pm and 12:49 pm on 19 October 2021, Lamha assisted in the killing of Mary inside a residence referred to MA. Udhuheykokage. Prosecutors further allege that she participated in planning the killing and facilitated Vargas’s actions.
If convicted, both defendants face a minimum sentence of 10 years’ imprisonment.