Court orders risk assessment before deciding on Lamha

The Criminal Court on Wednesday gave a second chance to Haleemath Lamha Abdul Rahman, the accused in the murder of Philippine nurse Mary Grace Oned Pineda, after the prosecution failed to conduct a risk assessment. Judge Hussain Faiz Rashad said a decision on Lamha’s detention would be taken after reviewing the assessment.

Lamha was first released in November 2023 after being remanded in custody pending trial. Since then, Lamha has been remanded in custody twice after the High Court ruled that her release had been incorrect and ordered a decision on remand.

The Criminal Court recently released Lamha again, and the prosecution requested remand at the last hearing. Judge Faiz ordered the prosecution to conduct a risk assessment to determine the potential danger to society if Lamha were released.

At Wednesday's hearing, Judge Faiz noted that the assessment had not been conducted. Prosecutor Shama Naseer said the assessment was not carried out due to the absence of specific procedures for such requests.

Judge Faiz said the assessment was intended to determine the extent of the risk to society based on Lamha’s behaviour during prior releases.

The prosecution stated that Lamha was not released under active police monitoring and that the police did not have the capacity to monitor released individuals actively.

Lamha’s lawyers, Ahmed Yameen and Abdulla Shamir, said there was no reason for police monitoring, noting that Lamha had left the house twice with police permission. They argued that if the prosecution considered Lamha a risk, the assessment would have been carried out.

The prosecution stated that Lamha had entered the house on the day of Mary’s murder but denied it during the investigation, and that she had remained silent when video footage showed her presence. The defence countered that a forensic analyst had previously confirmed Lamha was not seen in the footage, and refusal to accept prosecution claims cannot be considered non-cooperation.

Judge Faiz said a decision on Lamha’s arrest would be taken after the necessary facts were established. The court gave the prosecution another chance to complete the assessment. “Once the assessment is submitted, the court will decide on Lamha’s arrest. If the assessment cannot be submitted, the investigator will be produced and their opinion considered,” the judge said.

A hearing on defence evidence was held Wednesday and completed. The next hearing will continue with evidence.

On 19 October 2021, Lamha and Mary’s husband, Marvin, were also charged with assaulting Mary and strangling her. Lamha, said to be Marvin’s girlfriend, faces three charges: knowingly participating in Mary’s murder, taking controlled drugs to the house without permission, and unauthorised possession of another person’s property. If convicted, both could face at least 10 years in prison.