Mohamed Shaifan – one of the three men who were earlier cleared of murdering Ali Shifan from M. Fairy Corner in front of West Park Restaurant – was found guilty of murder and sentenced to death by High Court on Tuesday.
Shaifan, along with Abdulla Thilmeez from M. Dhinmana and Mohamed Mishan Abdul Hardy from M. Silvernest were accused by state of stabbing Shifan to death while driving by West Park along with others in four motorbikes on April 1, 2012.
However, all three walked free after Criminal Court ruled that their guilt in the murder had not been proven beyond doubt.
High Court upheld the original ruling by Criminal Court and allowed Thilmeez and Mishan to walk free upon appeal. But ruled that Shaifan’s guilt in the murder was proven beyond doubt, and sentenced him to death.
All judges presiding over the appeal agreed on the sentence.
The appeal was presided over by Judge Abdul Rauf Ibrahim, Judge Ali Sameer, Judge Abdul Hameed, Judge Shujau Usman and Judge Abdulla Didi.
Though High Court has, in the past, upheld death sentences issued by lower courts; this marks the first time for High Court to actually issue a death sentence in history.
Judge Rauf, who presided over the case said that witnesses had testified to seeing Shaifan present when Shifan was killed, and had also testified to seeing a knife in Shaifan’s hand.
He also said that DNA of skin taken from Shifan’s fingernails matched with Shaifan’s DNA.
He said that it was clear beyond doubt that Shaifan was guilty of premeditated murder.