May 6 blast: Criminal Court ruling dismissing defence witness overturned
The lower court's decision was quashed and the testimony of the two witnesses was declared acceptable.
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By
Fathmath Ahmed Shareef
High Court on Monday quashed the Criminal Court's ruling to reject some of the defence witnesses submitted by Thahumeen Ahmed in connection with the bomb blast targeting speaker Mohammed Nasheed in 2021.
Thahumeen, Folheymaa/G.A. Kondey is charged with:
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Participation in an act of terrorism
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Aiding in the transportation of explosives
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Supporting a terrorist group
The judges' bench that earlier heared the case in the Criminal Court did not accept the evidence as it was submitted after the expiry of the evidence submission deadline.
However, Judge Sofwath Habeeb, who is currently hearing the case, gave Thahumeen the opportunity to present evidence at a hearing held on May 10.
The Criminal Court decided not to accept the testimony of two out of the six witnesses as the two were offered to prove that the accused was not present at the time of the attack. They are:
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Shamoon Rasheed, M. Miriaz/K. Male
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Mohammed Zumal Zareer, Hulhumale Flat 5637
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Criminal Court ruled them admissible because the defence had not raised the argument during the investigation
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The lower court's decision was appealed in the High Court
The lower court's decision was quashed and the testimony of the two witnesses was declared acceptable on Monday.
The High Court ruled:
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Thahumeen is not believed to have known that the defence could be taken up during the investigation
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Whether such information was received before the charges were filed shows that the accused did not receive any information regarding the charges before receiving the charge form after the interroigation questions
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After the charges were filed, Thahumeen should have received the documents within five days and filed his defence
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Therefore, the delay should not be a reason to deprive Thahumeen of his right to present his defence
Summary of the case
Adhuham Ahmed Rasheed, one of the suspects arrested and charged with the May 6, 2021 attack to assassinate Nasheed, pleaded guilty and was sentenced to 23 years in prison after entering into a plea bargain with the state.
The cases of the other accused in the case are pending in the court.
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Thahmeen Ahmed - Charged with involvement in a terrorist act, aiding and abetting the transportation of explosives and supporting a terrorist organisation
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Mujaz Ahmed, M.a. Feyruge/K. Male - Charges of conspiring to commit a terrorist act and helping a criminal escape
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Ali Haisham, Nooreege/N. Manadhoo - Charged with planning to commit a terrorist act, aiding and abetting the transportation of explosives and involvement in a terrorist act
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Ishaq, M.a. Kudhehige/Male - Charged with transporting explosives, conspiring to commit a terrorist act, and involvement in a terrorist act
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Fahmy Ali, Hudhuruwaage/G.A. Villingili - Charged with involvement in a terrorist act
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Mohamed Nazim, Asareege/A.A. Maalhos - Charged with conspiracy to commit a terrorist act
