Suspect in gang attack walks free on a technicality

The Criminal Court released Aswan Mohamed - one of three suspects who were re-arrested after fleeing overseas amid an investigation into a gang attack – based on a technicality.

The three suspects had fled overseas amid an investigation into a gang attack that took place near the Cibo Café in the Henveiru district of Male’ City on September 4, 2023.

They are:

• Aswan Mohamed, 28, Mukurimagu, L. Gan
• Mohamed Ahsam, 26, H. Dhonthundi, K. Male’
• Mohamed Sibth Abdulla, 19, M. Maskothange, K. Male’

The police requested an Interpol red notice after they fled overseas, and they were arrested by Thai authorities. They were re-arrested by Maldives police after they were deported to Male’.

They were brought before the Criminal Court on Friday for their remand hearing. Ahsam and Sibth were jailed pending the outcome of their trial, while Aswan was released from police custody.

Court documents show that the court originally released Aswan from police custody citing lack of evidence. The decision was appealed with the High Court, which overturned the decision and instructed the Criminal Court to reconsider detention if such a request is submitted again. But he had flown overseas as authorities prepared to file a new detention request with the Criminal Court, prompting an Interpol red notice against him.

The Prosecutor General’s Office (PGO) filed formal charges against Aswan with the Criminal Court on January 30, while he had been overseas. He was charged assault using a sharp-edged weapon. But the case was dismissed on August 20, with the PGO instructed to resubmit the case once they clarify his whereabouts.

The police asked the court for a detention order against him following his rearrest. Citing the 2023 gang attack, the police said that Aswan poses a threat to the community and is also a flight risk.

However, Aswan’s lawyer argued that the detention request should have come from the PGO and not the police. The lawyer argued that the police could have requested his detention citing that he fled overseas, but it is not mentioned in the list of suspected crimes in the form submitted by the police.

After listening to arguments, Judge Ibrahim Ihsan noted that Article 8 (c) of Criminal Procedures Regulation stipulates that requests for detention of suspects in cases that the PGO has accepted for prosecution as well as suspects against whom charges have been filed must be filed by the PGO.

He decided that given that the PGO had accepted the case for prosecution and filed formal charges were against him with the court, the detention request by the police was therefore filed in violation of the law.

The court therefore ordered for Aswan to be released from police custody.