Afrouza Akter Miah was allegedly strangled and her physique stuffed in a barrel, however it’s potential she shouldn’t be lifeless, in line with a courtroom choice. (File picture)
It has been 12 years since Auckland girl Afrouza Miah was murdered in Bangladesh and her husband claimed in opposition to a $2 million life insurance coverage coverage.
Abdur Miah is but to see any of the cash and a latest courtroom case involving insurance coverage firm AMP has heaped suspicion upon suspicion, together with about whether or not Afrouza Miah is lifeless.
“One potential model of occasions is that she has not died in any respect, however is in Bangladesh, and the potential fraud extends to falsifying her dying,” Justice Francis Cooke stated in a judgment from the Excessive Court docket in Wellington.
Abdur Rahim Miah is combating for not less than a few of a $2 million insurance coverage coverage on his spouse’s life. (File picture)
Abdur Miah stated his spouse, 36, was murdered on a visit to Bangladesh in 2007, whereas he stayed in Auckland to take care of their two kids, aged 12 and 7. Additionally round that time he was made bankrupt.
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It was alleged his brother was discovered responsible of her homicide and Abdur Miah himself was tried in absentia and acquitted. However the choose stated the best way Miah progressively divulged data, not “in a full or clear method” was itself questionable.
Afrouza and Abdur Miah took out a $2m insurance coverage coverage on her life. (File picture)
“In his first affidavit he merely acknowledged that his spouse had died. He didn’t say that his spouse had apparently been murdered, not to mention that she had been murdered by his brother, not to mention that he had additionally been charged along with her homicide,” the choose stated.
“If there actually has been a collection of most unlucky occasions, I’d have anticipated Mr Miah to totally and albeit reveal them in his proof fairly than … responding to factors as they come up.”
A collection of wills had been produced eight years after they have been stated to have been made, and solely revealed after Miah’s chapter had curtailed his private curiosity within the coverage.
Abdur Miah says he employed a lawyer to have his spouse’s will formally recognised in Bangladesh, however AMP says there is no such thing as a lawyer by that identify.
The Official Assignee’s choice within the chapter successfully diminished the worth of the coverage to $1m plus curiosity, a earlier courtroom judgment stated, though it seems Miah nonetheless has courtroom proceedings hoping to get better $2m.
A doc presupposed to be from a courtroom in Bangladesh was stated to grant probate to Abdur Miah for one of many wills.
He’s attempting to have that model of the desire formally recognised in New Zealand however AMP has persuaded Justice Cook dinner that one route to do this shouldn’t be adopted.
A choose says it is potential that Afrouza Miah shouldn’t be lifeless in any respect. (File picture)
Miah has refused to conform to the authenticity of a collection of paperwork being investigated. The choose stated a full listening to could also be wanted to determine whether or not they have been real.
It was now in Miah’s arms what steps needs to be taken, he stated. Miah had already filed an utility for the New Zealand courts on to recognise his spouse’s will.
AMP has instructed paperwork usually are not genuine, together with that there is no such thing as a lawyer by the identify of 1 Miah is alleged to have utilized in Bangladesh, and no choose of the identify that seems on a courtroom doc.
Afrouza Miah was reported to have married her husband in Bangladesh in 1992 and the couple moved to Auckland the next 12 months. (File picture)
“The circumstances wherein the international courtroom order was apparently made, and the instructed course of occasions extra typically, are extremely suspicious,” Justice Cooke stated.
It raised a legit query as as to whether improper behaviour was happening so that Miah might get better beneath the coverage (whether or not it’s homicide, or fraud), the choose stated.
And he raised the likelihood that if an elaborate fraud was being tried, it could all be “largely pointless”, since if Afrouza Miah had not made a will her property would cross one third to her husband and two-thirds to their kids.
Abdur Miah would additionally in all probability be entitled to be executor of her property.
But when Afrouza Miah was murdered, and paperwork cast to learn Abdur Miah, then the couple’s kids might have been victims and a legit declare could possibly be made for them beneath the insurance coverage coverage.
An earlier courtroom choice stated that the couple have been each New Zealand residents and Abdur Miah’s chapter got here from failed property improvement.
AMP initially refused to pay the insurance coverage declare based mostly on what it stated was non-disclosure or misstatement of economic data when the coverage started.