High Court upholds release of 18-year-old accused of assaulting police

The High Court has upheld a Maafushi Magistrate Court order releasing an 18-year-old accused of assaulting police officers who attempted to search him on suspicion of possessing drugs.

The incident occurred at about 1:10pm on August 11 near the watersports area in K. Maafushi, when police attempted to search Mohamed Shabin Shujaau, 18, on suspicion that he was carrying and using drugs.

Medical reports showed that two officers involved in the search sustained physical injuries.

Police arrested Shabin the same day on suspicion that he, together with others, had engaged in a physical confrontation with officers and obstructed them in carrying out their duties.

When he was produced before the Maafushi Magistrate Court for a decision on his detention, the court ordered his release subject to several conditions. These included that he not remain outside at night, not gather outdoors in groups, not commit another offence, cooperate with the investigation and obtain police permission before travelling abroad.

The release order noted that Shabin had turned 18 on the day of the incident and said his age had also been considered in deciding not to keep him in custody.

The state appealed the decision to the High Court, arguing that Shabin should be detained because of the risk that he could influence witnesses, pose a threat to public safety or repeat the alleged offence.

Shabin denied in court that he had assaulted the officers.

Police, however, told the court that sufficient evidence had been submitted to support the allegation. The state also argued that the Magistrate Court had ordered his release without adequately considering that evidence.

According to the prosecution, the two officers who were allegedly assaulted while performing their duties are also the main witnesses in the case. The state argued that confronting and injuring officers carrying out law enforcement duties posed a risk to the officers’ work and amounted to interference with law enforcement.

It also argued that the circumstances indicated a risk of witness interference, repeat offending and a threat to public safety.

In a ruling issued on Sunday, the High Court held by a two-to-one majority that the Maafushi Magistrate Court had not erred in releasing Shabin and upheld the order.

Judge Hassan Shafeeu dissented, finding that the lower court’s decision should have been overturned and that Shabin should have been detained.

In his dissenting opinion, Hassan Shafeeu said the Magistrate Court had referred to evidence suggesting that Shabin had assaulted police officers, but had not clearly explained why the circumstances did not justify detention under Article 60 of the Criminal Procedure Act.

He also noted that the lower court had not sufficiently addressed the evidence presented in support of the allegation.

“A judge simply stating that he considers or views a matter in a particular way is not sufficient,” Hassan Shafeeu said in his opinion, adding that reasons must be provided for such a conclusion.

He said previous Supreme Court rulings had established that courts must clearly explain how they reached a decision, as this was necessary to assess whether a ruling was fair.

Hassan Shafeeu also questioned how the lower court had concluded that Shabin’s release would not pose a threat to public safety when the allegation involved violence against police officers carrying out law enforcement duties.

He said it was not apparent from the ruling what factors had led the Magistrate Court to that conclusion.

The other two judges on the High Court bench found that the lower court’s decision should stand.

Presiding Judge Abdul Maniu Hussain said appellate courts should interfere only in limited circumstances when a lower court has exercised judicial discretion.

He said the state had not demonstrated circumstances that justified overturning the Magistrate Court’s decision to release Shabin on conditions.

“Having considered how the incident occurred, the nature of the alleged offence, any criminal record, his age and the surrounding circumstances, I do not find anything unusual in the decision to release Shabin subject to conditions,” Abdul Maniu said in his opinion.

Judge Ismail Shafeeu agreed with that conclusion, placing particular weight on Shabin’s age and the fact that he had not previously been arrested in a similar matter.

Ismail Shafeeu said Shabin was an 18-year-old and that there was no indication, when the request to extend his detention was made, that he was suspected of a serious criminal offence in connection with the case.

He also said Shabin did not have a long criminal history or a record suggesting that he was a dangerous offender.

Ismail Shafeeu said detaining a person merely because they were suspected of an offence, without sufficient grounds, would be inconsistent with Article 49 of the Constitution and the purpose of Article 13 of the Criminal Procedure Regulation.

Police have recently reported an increase in incidents involving assaults and threats against officers carrying out their duties, particularly those working on drug-related cases. Police have said they will pursue legal action against people who assault officers or retaliate against them in connection with law enforcement work.