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The High Court has upheld the death sentence imposed on Adhuham Mohamed after finding no grounds to overturn the Criminal Court's conviction for the murder of taxi driver Qasim Hassan.

Qasim was found dead with injuries caused by a sharp weapon in Hulhumalé on the night of 4 December 2019.

The State charged Adhuham Mohamed, of Bodahiyaage, Lh. Hinnavaru, with intentional murder. Prosecutors alleged that Adhuham killed Qasim while attempting to rob him of money through intimidation.

Following the incident, Adhuham fled and went into hiding before being arrested by police on 20 December 2019.

The Criminal Court sentenced him to death on 16 April 2023. Under Maldivian law, death sentences are subject to mandatory review by higher courts. The case was therefore referred to the High Court.

Delivering the High Court's judgment on Tuesday, presiding judge Dheebanaz Fahmy said the Criminal Court had correctly concluded that Adhuham intended to kill Qasim.

The court found that:

  • When purchasing the knife, Adhuham sought a weapon capable of cutting through human flesh rather than one intended only to threaten the victim.

  • The attack was directed at Qasim's neck, an area where injuries are likely to be fatal, supporting the finding that there was intent to kill during the robbery.

  • The evidence did not indicate that Adhuham was so intoxicated that he was unaware of his actions. Instead, the court found that his conduct demonstrated planning and awareness.

Chief Judge Jameel Moosa and Judge Hussain Mazeed agreed with the findings.

The High Court also held that Adhuham's legal rights were respected throughout the investigation and trial.

According to the judgment, he was informed of his legal rights, given the opportunity to appoint legal counsel and provided with sufficient time and resources to prepare his defence.

The court noted that although Adhuham initially confessed to the offence, he later denied intentionally committing murder. He alleged that police had forced him to confess after administering drugs, but the court found no evidence to support that claim.

The case will now proceed to the Supreme Court for the final stage of judicial review, as required before a death sentence can be confirmed.

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