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High Court upholds dismissal of teacher accused of sexual abuse

Protesters hold an anti-rape rally in Male' City on June 29, 2020. (File Photo/Sun/Fayaz Moosa)

The High Court has ruled that a teacher accused of sexually assaulting students was lawfully dismissed from his job.

The case concerns a teacher from a major island in central Maldives who was suspended and later fired in late 2020 over allegations of sexually assaulting students at the school. The teacher challenged the dismissal at the Employment Tribunal, which ruled in his favour.

Following the tribunal’s decision, the Civil Service Commission appealed the case to the High Court.

In a unanimous ruling on Sunday, the High Court found that the Employment Tribunal had acted unlawfully in deciding the case and quashed the tribunal’s decision. The ruling confirms that the teacher’s dismissal was valid.

It has since emerged that the teacher is currently employed as the chief administrative officer of the island council where the alleged incidents took place.

Police opened an investigation into the allegations, but no criminal charges have been filed to date. If charged and convicted, the teacher would face a lengthy prison sentence.

Sexual assault of a child by a person in a position of trust is one of the most serious offences under Maldivian law. The Special Procedures Against Child Sexual Offenders Act defines teachers as persons in positions of trust. Under Article 9 of the Act, offenders face 20 to 25 years in prison, and such sentences cannot be pardoned under presidential clemency powers. Judges also have the discretion to keep suspects in custody until the end of trial, and failing to report child sexual abuse is itself a criminal offence.

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