Lapses by the police in gathering evidence during the investigation into the death of Philippines nurse Mary Grace were revealed during the murder trial on Tuesday.
The Indira Gandhi Memorial Hospital (IGMH) nurse was killed by asphyxiation after blows to the head and neck, the autopsy report showed.
After the investigation, charges were raised against her husband Marvin Vargas and his lover Haleemath Lamha.
Procedural lapses in gathering evidence on Lamha's possession of controlled medicines emerged during Tuesday's hearing at the Criminal Court.
The court heard testimony from three prosecution witnesses, including two police officer who work as "scene of crime officers."
The first witness was the officer who photographed medicine found in Lamha's home, which was alleged to have been stolen from IGMH and used to murder Mary.
The officer told the court that medicine found on a table had been put in an "evidence bag" when he arrived at the crime scene.
The medicine was later taken out of the bag and kept on the table, the officer testified.
A photo of the evidence bag was not among the nearly 70 photos included in the crime scene report.
The judge also questioned the officer on the issue.
Photos were taken after the medicine was taken out from the bag and kept on the table, which was how it was intended for the photos to be taken, the officer said.
But crime scene photos are usually taken first. Photos of evidence are taken after it is collected.
Lamha at court.
At yesterday's hearing, Lamha's lawyers asked the court to release her with an ankle tag for electronic surveillance.
In line with the criminal procedures law, lawyers filed a motion for the court to review her detention order.
The court previously rejected appeals for Lamha's conditional release.
As the request for a review was made five months after the court's previous decision, the judge allowed defense lawyers to present arguments.
Her lawyer Ahmed Yameen asked the court to release her with a tag, noting her lack of a prior criminal record and the ability to monitor her whereabouts if she is deemed to pose a danger to society.
Judge Hussain Faiz Rashad said he would make a decision before the next hearing.
The case
Mary was a nurse in the IGMH dialysis department while Marvin and Lamha worked as nurses in the casualty department.
As divorce is illegal in the Philippines, Marvin and Lamha were alleged to have been having a secret affair.
Marvin reported Mary Grace's death as a suicide by hanging on October 19, 2021. But suspicious circumstances prompted the police to conduct further investigations.
Marvin was arrested on suspicion of murder on October 27. Lamha was arrested 50 days later on December 16.
Marvin was charged with wilful murder and Lamha was charged with wilfully aiding a murder.
She faces additional charges over controlled medicines from IGMH that were found hidden in her room, which she had taken without permission.
