Did Kerala HC Deny Jolly Joseph’s Plea to Inspect the Crime Scene?

Synopsis
Key Takeaways
- Kerala High Court upholds trial court's decision.
- Jolly Joseph denied access to crime scene.
- Trial nearing conclusion with 124 witnesses examined.
- Prosecution argues changes to the crime scene over time.
- Defense claims right to fair trial infringed.
Kochi, Aug 11 (NationPress) The Kerala High Court has, on Monday, declined to intervene in a trial court ruling that denied Jollyamma Joseph, known as Jolly Joseph, the main suspect in the notorious Koodathayi serial murder case, access to the crime scene with her new legal representative.
Jolly is charged with the murders of six family members, including her first husband, Roy Thomas, allegedly by administering cyanide to seize control of the family’s wealth.
The individuals reportedly murdered by Jolly using cyanide were her then-spouse, Roy Thomas, and his parents.
Her trial is presently active in the Additional District Court (Special Court for Trial of Maradu Cases) in Kozhikode and is nearing conclusion.
Justice V.G. Arun, while dismissing Jolly’s request challenging the trial court’s ruling, remarked that the proceedings are at a “fag end,” with 124 prosecution witnesses already examined.
Jolly’s new legal team argued that her previous attorney had recently passed away, and a visit to the crime scene was necessary for preparing a robust defense.
The counsel insisted that such an inspection was vital for ensuring a fair trial.
However, the prosecution countered that all pertinent documents, including the scene mahazar, had already been provided to the defense, and witnesses had been cross-examined based on these materials.
They further noted that the alleged crimes occurred before 2011, indicating that the location would have undergone notable changes over the years.
Furthermore, the site in question was Jolly’s former residence, which she was already acquainted with.
The trial court had previously denied the request, citing security issues and associated costs.
Jolly’s legal counsel contended that these reasons were inadequate and violated her constitutional right to a fair trial.
Affirming the trial court’s decision, Justice Arun stated, “The trial has advanced significantly. As correctly pointed out by the prosecutor, the scene of occurrence is the petitioner’s residential property, and changes would have occurred over the years. In such circumstances, rejecting the request will not hinder the right to a fair trial.”
With Monday’s ruling, Jolly’s high-profile murder trial will continue without a new inspection of the crime scene by her defense team.