High Court orders the review of a death sentence passed four years ago

High Court has annulled and ordered the review of the death sentence passed down by the Criminal Court on Mohamed Gasim of Tharividhaage Gaafu Alif Maamendhoo for the murder of Mohamed Shihab of Kanduolhi Gaafu Alif Vilingili.

Mohamed Shihab died on the 14th of July 2006 due to injuries sustained following an assault by a group of people while he was inside a house named Athirifinivaage in Maamendhoo. Shihab died later while receiving treatment for his injuries in Indira Gandhi Memorial Hopsital (IGMH).

In addition to Mohamed Gasim, the Criminal Court had also sentenced three other people to death in relation to the murder of Mohamed Shihab. The people are: Ali Masood Saeed of Gulishthaanuge Gaaf Alif Maamendhoo, Fariyash Ahmed of Javaahiruvaadhy Gaaf Alif Maamendhoo and Mohamed Shifraz of Pink Light, Gaaf Alif Maamendhoo.

These people were sentence to death by the court in 2008.

The High Court ruling ordering that the sentence be cancelled and the case be reviewed stated that the testimonies presented to prove the charges against Gasim were obtained against the principles of Islamic Sharia, and Article 51 of the Constitution.

The sentence also stated that that Mohamed Gasim was not provided adequate opportunity, time and facilities to prepare his defence and to examine the witnesses that were presented against him.

High Court had also ordered that Gasim's further stay in custody be promptly decided by Criminal Court.

“…Under Article 46 (b) of the Judicature Act of Maldives, by anonymous vote of the judges that presided over the case, we now sentence that the case be reviewed by the Criminal Court, as Mohamed Gasim has been accused of murdering a person, and according to the regulations on presenting the people under accusation of a crime in front of a judge, that a decision be made on the detention of Mohamed Gasim, and that the parties involved in the case present the case to Criminal Court without delay so that a decision may be made on the detention of Mohamed Gasim,” the High Court sentence stated.