Thiruvananthapuram, February 17 A court in Kerala on Tuesday rejected a plea by disqualified LDF MLA Antony Raju seeking a stay on his conviction in an evidence-tampering case.
The Thiruvananthapuram District and Sessions Court, however, suspended his sentence during the pendency of his appeal challenging the conviction, the public prosecutor said.
The court posted the matter for further hearing on April 6.
In his appeal, Raju challenged the magistrate court’s verdict, alleging that he was not given a fair trial.
Raju, a leader of the Janadhipathya Kerala Congress, a constituent of the ruling LDF, was sentenced to three years' imprisonment by the Judicial First Class Magistrate-I Court, Nedumangad, in a case related to tampering with evidence while appearing as a lawyer for an Australian national arrested in a drug case in 1990.
Following his conviction, the Kerala Legislative Assembly Secretariat issued a notification confirming his disqualification.
Raju, then a junior lawyer, had appeared for Andre Salvatore Cervelli, who was arrested with drugs at Thiruvananthapuram airport in 1990.
While a sessions court had initially convicted Cervelli and sentenced him to 10 years' imprisonment, the Kerala High Court acquitted him in 1994.
The acquittal was based on the defence’s argument that the undergarment in which the contraband was allegedly concealed was too small to fit the accused.
Subsequently, the investigating officer, Jaimohan, informed the state police chief that evidence tampering had taken place.
A probe by the Kerala High Court’s vigilance wing, followed by a police investigation, found that Raju and another accused, Jose, had conspired to tamper with the undergarment, a crucial piece of evidence.
The case was registered in 2005, and a charge sheet was later filed against the accused.