High Court rejects Yameen's appeal over audio evidence in Aarah case

The High Court registrar has declined to register an appeal filed by former President Abdulla Yameen challenging the Criminal Court's decision to admit audio recordings submitted by the prosecution in the V. Aarah corruption case.

The recordings were accepted as evidence in the ongoing trial against Yameen and former MP Yoosuf Naeem over alleged corruption in the leasing of V. Aarah.

The prosecution submitted recordings purportedly containing telephone conversations involving Yameen in 2013.

Yameen's defence had sought to prevent the recordings from being admitted during pre-trial proceedings.

Following the Criminal Court's decision to accept the recordings, the defence appealed to the High Court, arguing that the prosecution had not produced an audio analysis report establishing that the voice in the recordings belonged to Yameen.

However, the High Court registrar decided on Sunday not to register the appeal.

In the decision, the registrar stated that preliminary rulings on the admissibility of evidence could be reconsidered during the trial itself.

The registrar said allowing separate appeals against such rulings, rather than addressing the issues during the trial, could delay proceedings in the lower court and prolong the case.

The decision also referred to provisions of the Criminal Procedure Act governing appeals against decisions made during pre-trial proceedings.

According to the registrar, the law permits appeals at that stage where the issues cannot be reconsidered or resolved during the trial.

The registrar also cited Supreme Court decisions addressing the circumstances in which preliminary rulings may be appealed.

Hamza Latheef, a member of Yameen's legal team, said the defence would request a review of the registrar's decision by the High Court's bench of judges.

The defence maintains that the recordings should not have been admitted without evidence establishing the identity of the speaker.

The registrar's decision does not determine the authenticity of the recordings or their evidential weight. Those matters remain for consideration during the Criminal Court proceedings.

The Aarah corruption case is currently being heard by the Criminal Court for a second time.

On 25 December 2022, the Criminal Court convicted Yameen in the case and sentenced him to 11 years in prison.

The conviction prevented him from contesting the 2023 presidential election.

However, on 18 April 2024, the High Court ordered a retrial, returning the case to the Criminal Court.

During the retrial, the prosecution submitted additional evidence intended to challenge evidence presented by Yameen's defence.

The High Court subsequently ruled that the additional evidence had been admitted improperly and ordered the case to proceed without it. The Supreme Court upheld that decision.

Yameen is also facing charges of accepting a bribe and money laundering in connection with the leasing of R. Fuhgiri.

Proceedings in that case have reached the verdict stage.

The Criminal Court had initially scheduled its verdict for last Thursday, but the announcement was subsequently postponed.