High Court overrules order re-instating officer accused of assault

High Court has overruled the Civil Court verdict ordering police officer Mohamed Fayaz from V. Shukuran to be re-instated to his post after being expelled from the police force after alleged sexual assault.

Police disciplinary board found Fayaz guilty of using coercion to pick up a young girl from near Maaveyo Mosque in August, 2010, and then sexually assaulting her in the car.

Civil Court ruled that there wasn’t sufficient evidence proving his guilt, and ordered that Fayaz be re-instated to his post.

The Civil Court order was overruled by High Court after it was appealed by Attorney General’s Office.

High Court cited Article 24 of Employment Act, and said an officer can be terminated from his post if a police investigation proves his guilt.

It said that it was the general rule in deciding on culpability of a police officer suspected of a criminal offense to weigh in the evidence and witness testimony relevant to the case.

It said Fayaz was expelled from police after disciplinary board found him guilty.

High Court said witness testimony had been submitted against Fayaz that he had used coercion to pick up a girl on a police car and sexually assault her, that the car had been under Fayaz’s care on the day in question, and that he had parked the car in Iskandhar Koshi shortly after the alleged incident took place.

It also said phone records disproved his claim he had been asleep and that he had made no phone calls during the time frame the alleged incident took place.

Disciplinary board had found Fayaz had provided false testimony, a violation of Police Code of Conduct.

Two of the three judges from High Court sitting in on the case decided Maldives Police Service was right in expelling him from the police force.

The panel of judges was made up of Judge Abdulla Hameed, Judge Abdul Rauf Ibrahim, and Judge Ali Sameer – who made a differential verdict.

Former Chief Inspector Risheef Thoha and another police officer were also expelled from police force – in relation to the same case.