Date: February 10, 2010
Court hears evidence on stab wounds in mum's murder trial
GREAT force was required to inflict a stab wound on a father whose teenage daughter is accused of trying to kill him and murdering her mother, a court heard yesterday.
Forensic pathologist Nigel John Charles Buxton told the Supreme Court in Brisbane that on a scale of nil to 10 the amount of force required would have been an eight or a nine.
Kaihana Hussain, now 20, has pleaded not guilty to murdering her mother, Shaheda Yasmeen Hussain, 41,and attempting to murder her father, Muhammad Hussain, now 53, on October 9, 2006.
She also pleaded not guilty to an alternate charge of intentionally causing grievous bodily harm to Muhammad Hussain.
Shaheda Hussain died after being stabbed at the family's Gold Coast unit but Muhammad Hussain was saved after several operations on a severe stomach stab wound.
The crown has alleged Kaihana Hussain wanted to convert from Islam to Christianity and move to Sydney to be with her boyfriend. It is alleged she had attacked her parents in a bid to gain that freedom.
However, defence lawyers have accused Muhammad Hussain of killing his wife and inflicting injuries on himself.
Dr Buxton told the court after being asked by police he had examined photographs and medical records about the injuries inflicted on Muhammad Hussain.
He said the wound would have been inflicted by a single blade knife such as the one found in the Hussain's unit.
Dr Buxton, who has conducted about 10,000 post mortems in his career, said he estimated the wound would have been inflicted in a downwards motion towards the toes at about a 20-degree angle.
He said the stab had cut through Muhammad Hussain's skin, cartilage and liver.
Dr Buxton explained as people got older their catilage calcified and became harder.
Prosecutor Michael Byrne, SC, asked Dr Buxton the amount force needed to cut through the cartilage of a 49-year old man, Muhammad Hussain's age at the time.
"It would take a lot of effort from me and I am used to cutting (in post mortems)," he said.
Dr Buxton told Mr Byrne he was not surprised that about 800ml of Muhammad Hussain's blood was found in the unit.
He also agreed the large amount of blood would have flowed had someone been crawling on all fours.
The trial before Justice Margaret White continues.
Date: February 17, 2010 (10.38am)
A BRISBANE woman has been found not guilty of all charges relating killing her mother and attempting to kill her father.
The Courier-Mail reports Kaihana Hussain, 20, had pleaded not guilty to murdering Shaheda Yasmeen Hussain, 41, and attempting to murder her father, Muhammad Hussain, now 53, on October 9, 2006.
She had also pleaded not guilty to an alternate intentionally charge of causing grievous bodily harm to Muhammad Hussain.
The prosecution alleged Ms Hussain attacked her parents to gain more freedom so she could convert from Islam to Christianity and move to Sydney to be with her boyfriend.
Shaheda Hussain died at the scene of the attack at the family's Gold Coast unit but Muhammad Hussain was saved after operations on a severe stomach stab wound.
Ms Hussain sobbed in the dock as she waited for the jury to enter the courtroom.
During the trial, the jury heard Ms Hussain told police she saw her father use a knife to stab his wife twice at the family's rented apartment in Southport, on the Gold Coast.
In the interview, Ms Hussain told police she had taken her father into the bedroom and blindfolded him so she could give him a "surprise" gift she brought back from a trip to Bangladesh.
She said while she was looking for the present in another room she could hear her parents arguing.
Her father was talking "quite aggressively", she said.
"The next thing I knew, and this happened within like a split second, my dad had the knife in his hand and he stabbed my mum," the court heard that she'd told police.
She said when her father came after her he bore a stab wound.
But under defence questioning, Dr Hussain denied being the one who carried out the attack.
Date: February 17, 2010 (12.28pm)
YOUNG woman accused of killing her mother and trying to murder her father embraced a juror after her acquittal in the Brisbane Supreme Court.
Outside the court, Kaihana Hussain embraced one juror as other jury members wished her well following their decision to acquit her on charges of murdering her mother and attempting to kill her father.
Police and security officers were called to the Court complex courtyard after a woman who had been sitting in the public gallery for much of the trial screamed abuse to the media about Kaihana Hussain's acquittal.
The woman, who refused to identify herself, screamed that Kaihana would get her comeuppance and accused her of being a murderer.
She was moved on by security staff who stood guard with police until Kaihana left.
However, when Kaihana, surrounded by her legal team and family friends, left the court building an hour later some members of the jury had stayed back to wish her well.
Kaihana embraced one juror while other jurors wished her well.
It brought to a climax a case which could be seen as a clash of cultures, a matter of star crossed lovers or even a genuine "whodunit".
In what was a very rare type of murder trial, a Brisbane jury was asked to decide a case in which there were two suspects who blamed each other for the killing of Shehada Yasmeen Hussain, 3 1/2 years ago.
Devout Muslim and medical doctor Muhammad Hussain said his daughter Kaihana Hussain had killed her mother and tried to kill him out of the blue.
Kaihana said Muhammad had knifed her mother and then tried to commit suicide in a rage over her desire for more freedom.
Prosecutor Michael Byrne, SC, told the jury the evidence clearly pointed to Kaihana as the killer.
Barrister Dennis Lynch said the only real evidence against Kaihana was the word of her father and if they didn't believe him they had to acquit.
After deliberating for just over an hour before returning not guilty verdicts on all charges.
Kaihana Hussain, now 20, pleaded not guilty to murdering Shaheda Yasmeen Hussain, 41,and attempting to murder Muhammad Nural Hussain, now 53, on October 9, 2006.
She also pleaded not guilty to an alternate charge of causing grievous bodily harm to Muhammad Hussain.
Shaheda Hussain died at the scene of the attack at the family's Smith Street unit, at Southport, but Muhammad Hussain was saved after operations on a severe stomach stab wound.
The trial heard how Kaihana had threatened to turn away from Islam and told her parents she would convert to Christianity so she could be with her boyfriend Ben Brady in Sydney.
Earlier, when the family lived in Adelaide Kaihana had run away to Sydney to be with her boyfriend.
At the time her father had been upset because he was the head of the South Australian Bangladesh Association and to have his daughter become Christian would have caused "great shame".
The trial Kaihana and her mother had gone to Bangladesh for a wedding but stayed on for weeks because Muhammad wanted his daughter to have counselling in the Muslim faith.
But things came to a head when Kaihana and her mother returned and Muhammad had relocated the family to the Gold Coast where he hoped Kaihana would attend St Hilda's school before studying medicine at Bond University.
Only two days after the return Kaihana told her father she would not pray to something she did not believe.
An argument followed in which Muhammad accused Kaihana of killing her mother and trying to kill him while Kaihana said it was Muhammad who wielded the knife.
The crown case was Kaihana had wanted to gain her freedom from her strict parents and attacked them in a murderous rage.
The defence argued Muhammad had in effect snapped when Kaihana refused to pray and killed his wife before attempting to kill himself.
They pointed to Muhammad in effect confessing to a nurse that he had "hurt" his wife while he was recovering in the Princess Alexandra Hospital.
Kisah di atas hanyalah satu dalam seribu. Masih terlalu banyak kisah di kalangan saudara kita di mana keadilan telah diberi kepada mereka yang TIDAK LAYAK. Dan saya percaya, masih terlalu banyak kisah masyarakat Islam di serata dunia yang akhirnya tidak menemui pengadilan yang sepatutnya.
Kisah di atas hanyalah satu contoh. Betapa mereka yang kafir itu takkan berhenti dari mengambil kesempatan ke atas umat Islam yang lemah pegangan agamanya. Lihatlah bagaimana seorang anak, sanggup menuduh ayah sendiri yang sedaya upaya menyelamatkan akidahnya. Kisah di atas hanyalah secebis cuma dari the whole stories with regards to this issue.
Semoga hati dan iman kita sentiasa terpelihara, dan semoga secebis kisah dari bumi Australia di atas dapat dijadikan ikhtibar dan pengajaran, betapa cinta itu boleh sahaja membuat manusia buta, lantas akidah akhirnya tergadai lalu membawa diri ke lembah hina yang pastinya membawa murka Pencipta.
"Mereka ingin supaya kamu menjadi kafir sebagaimana mereka telah menjadi kafir, lalu kamu menjadi sama (dengan mereka). Maka janganlah kamu jadikan di antara mereka penolong-penolong (mu), hingga mereka berhijrah pada jalan Allah. Maka jika mereka berpaling, tawan dan bunuhlah mereka di mana saja kamu menemuinya, dan janganlah kamu ambil seorang pun di antara mereka pelindung, dan jangan (pula) menjadi penolong..."
~berdoa dan terus mengharapkan redha Illahi...~