High Court rules Lamha wrongly released from custody
The High Court today ruled that Haleemath Lamha, accused in the murder of Mary Grace, a Filipino nurse working at IGMH, was wrongly released from custody.
The High Court Wednesday ruled that Haleemath Lamha Abdul Rahman, accused in the murder of Mary Grace, a Filipino nurse working at IGMH, was wrongly released from custody.
Lamha was initially remanded in custody pending trial but was released on November 12, 2024, following a ruling by the Criminal Court. However, the Prosecutor General's Office (PGO) appealed this decision to the High Court, following a Supreme Court directive that the matter be heard at the appellate level.
A three-judge panel of the High Court unanimously ruled that the Criminal Court had erred in releasing Lamha. The court further directed that the Criminal Court must reconsider her remand status within seven days, based on a motion filed by the PGO.
The High Court identified several key reasons why Lamha's release was unlawful:
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No Change in Circumstances – The conditions under which Lamha was originally detained remained unchanged. The nature of the crime, the manner in which it was committed, and its organized nature all pointed to the necessity of continued custody.
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Criminal Record and Responsibility – The High Court noted that factors such as Lamha's criminal record and her responsible position as a nurse should have been considered in the decision to detain her.
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Legal Provisions – While Article 49 of the Constitution does not explicitly mandate detention pending trial, the High Court ruled that in cases of serious offenses, continued detention can be justified.
Lamha was first released from custody in November 2023 after being remanded pending trial. However, she was re-arrested following a High Court ruling in December 2023, which ordered her continued detention until November 12, 2024.
The case dates back to October 19, 2021, when Mary Grace was initially reported to have died by suicide by her husband, Marvin SY Vargas. However, the police investigation continued, leading to Marvin's arrest on October 27, 2021, on charges of murdering his wife.
Lamha was arrested 50 days later, on December 16, 2021, after police uncovered evidence linking her to the crime.
Mary Grace was a nurse in the dialysis department of IGMH, while both Marvin and Lamha worked as casualty nurses. Police investigations revealed that Lamha was Marvin’s secret lover, leading to suspicions of a conspiracy in Mary Grace's murder.
