Complaint filed with JSC over judge’s remarks on defence lawyers
Judge Ali Adam made the remarks in a judgment delivered on Tuesday in the 2018 stabbing death of 19-year-old Ibrahim Agil.
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A case has been filed with the Judicial Service Commission (JSC) following remarks made by Criminal Court Judge Ali Adam in a recent murder verdict, in which he stated that defence lawyers are among those who intimidate secret witnesses.
The complaint was submitted by a defence lawyer. The JSC has not yet decided whether to accept the case for review.
Judge Ali Adam made the remarks in a judgment delivered on Tuesday in the 2018 stabbing death of 19-year-old Ibrahim Agil near the Maldives Monetary Authority. In the case, Hamdhoon Hamzath of Hiya, L. Fonadhoo, was convicted and sentenced to death, seven years after proceedings began.
In the judgment, Judge Ali Adam referred to an incident in which a secret witness, who had earlier testified that he saw Agil being attacked, sought to withdraw his testimony at a late stage of the trial. The judge noted that the witness was an eyewitness and that his testimony was significant to the case.
Ali Adam stated that secret witnesses are often used in criminal cases due to concerns over intimidation. Citing an earlier High Court ruling, he said that in such cases, witnesses may face pressure from accused persons, their families, and defence lawyers.
“In such cases, the accused, their families and defence lawyers intimidate witnesses in various ways and threaten them with harm. This poses a challenge to the criminal justice system,” the judge wrote.
He further noted that the case had been delayed due to reliance on secret witnesses, stating that witnesses were reluctant to testify even after being summoned by the court. He said delays and lack of evidence in cases involving loss of life affect public confidence in the justice system.
The judge also stated that the detention of an accused person does not ensure the safety of witnesses and called for stronger mechanisms to protect the confidentiality of secret witnesses.
The Bar Council has since criticised the remarks made in the judgment. In a statement, the council said it was concerned that the reference to “defence lawyers” as a group, without identifying any individual lawyer or specific conduct, unfairly targeted those practising criminal defence law.
