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HMA v Kashif Anwar


Apr 6, 2023

At the High Court in Edinburgh today, Lord Beckett sentenced Kashif Anwar to life imprisonment for the murder of Fawziyah Javed. The punishment part, the time spent in custody before being considered for parole, was set at 20 years.

In sentencing, Lord Beckett said:

“You have been found guilty of murdering Fawziyah Javed who was a very special person. She was your pregnant wife and you also caused the death of her unborn child. For murder, the punishment is fixed by law. You will be sentenced to life imprisonment.

I note that you have no previous convictions and take account of what was said in mitigation by senior counsel in fixing the punishment part of your life sentence which is the time you will serve in prison before being considered for parole. 

In doing so, I must reflect the need to punish you for the crime of murder and to deter you and others from committing it. The law requires me to ignore any risk that you may pose to the public in the future. This does not mean that you will serve just this period. It will be for the Parole Board to determine when it is safe for you to be released from prison. The question of parole cannot arise before the punishment part has passed.

I must take account of your crime being aggravated by being committed against your wife. She was willing to trust that you would keep her safe when she agreed to accompany you on your project to climb Arthur’s Seat despite a fear of heights and being pregnant. She was entitled to expect your protection and support. I take account of those considerations in selecting the punishment part and will not give the domestic aggravation effect for a second time by specifying an additional period.

I must take account of the seriousness of the crime of murder of which you have been convicted.

From the evidence led, it seems that you sought out a secluded position at the top of a cliff near the summit and waited until darkness fell, and it seemed that no-one was around, before you pushed your wife off the edge. This was intentional murder. The fall inevitably caused numerous serious injuries which were predictably fatal.  You showed no remorse and made no attempt to save her by calling 999. You could have used her phone which was working and which you retained.

You deliberately delayed and played out a self-serving charade before encouraging others to take appropriate action which prompted the brave, selfless and humane Ms Rafique to do what you had no interest in doing. She exposed herself to danger in climbing up steep ground in the dark to try to help and comfort your wife as she lay dying.

As a result of your actions, Fawziyah Javed died far from home on a Scottish hillside and her loving family are left devastated and will never be the same again. Had she lived she would have given birth to your child some months later, but that life was also extinguished by you. The impact of all of this on her mother was readily apparent as she courageously gave evidence despite the unimaginable pain of doing so.

I have read detailed and deeply moving statements from Fawziyah’s mother, her father, her grandmother and her uncle explaining the extreme impact of their loss and grief on each of them and the wider family. There have been profound consequences for physical and mental health, work, wellbeing and lifestyle.

Her mother, in two statements, articulates the many ways in which her life and her family life has been damaged including a loss of privacy for people who value it. Her pain has not diminished and is as raw as ever. She speaks of the close bond she had with her only child who was the centre of her world. She explains all of Fawziyah’s qualities, her many good deeds and accomplishments, describing her as a beautiful soul both inside and out. She was a role model to her extended family. She was popular and meant the world to her friends.

Her father adopts his wife’s first statement and speaks of his perfect daughter and the gaping hole left by her absence. He mourns his beloved daughter’s chance to be a mother being stolen when you murdered her. He endured the agony of having to identify her remains, a trauma he cannot forget.

Her grandmother was involved in raising Fawziyah and had always remained very close with her. She is left with immeasurable grief and cannot function and socialise as she used to do.

Her uncle viewed Fawziyah as a gift from God and describes the terrible impact on the wider family including his own son.

These are the wider consequences of the wicked crime that you committed on 2 September 2021. The court must do what it can to deter such lethal domestic violence and impose appropriate punishment.

In the whole circumstances, the punishment part will be 20 years backdated to 6 September 2021.

This does not mean that this is a sentence of 20 years. You are sentenced to life imprisonment and you will serve at least 20 years before you can be considered for release on parole. It will be for the Parole Board to determine when you will ultimately be released and they will consider the safety of the public in reaching that decision.”

06 April 2023