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July 2, 2024: Shameem with the participants of the PG Office at the Judiciary Committee meeting held at the Parliament.

Trial delays hinder convictions, chief prosecutor says

Shameem said that the longer a case languishes in court, the less likely it is to result in a conviction.

2 days ago

By Fathmath Ahmed Shareef

In a candid discussion with the Parliament’s Judiciary Committee on Tuesday, Prosecutor General (PG) Hussain Shameem voiced his apprehension about the growing challenge of securing convictions due to prolonged trial processes.

Shameem expressed this concern at a meeting held at the Judiciary Committee at his request to share information on the work of the Prosecutor's Office. During the meeting, he mainly shared the progress of the work of the office and the efforts being made to improve the quality of work through modern technology.

The main concern raised by Shameem at the meeting was the challenges faced by the office in proving guilt due to the delay in cases in the courts.

“The longer a case languishes in court, the less likely it is to result in a conviction,” stated Shameem.

He added:

  • Of the cases filed in 2022, 16 were not proven

  • Of the cases filed and completed in the last six months, only one case had not been proved

  • Many cases go unproven because prosecution witnesses do not want to appear in court; after two or three years, it is understandable they shall not want to go to court to testify

“Hence, expediting the resolution of cases submitted to the court is of utmost importance. While our systems can be upgraded, the overall effectiveness relies on accelerating court services”, he said.

He noted that the work of the Prosecutor's Office has been accelerated to a greater extent than ever before. The prosecutor's office submits a case to the courts within six days of receipt. The statutory deadline is 15 days to file a lawsuit.

Shameem said that if the police want to consult while investigating cases, they can do so easily. The systems of the Prosecutor's Office will now prevent any act of corruption from taking place within the office, he said.

Shameem said he believed that the trials were being delayed due to the lack of resources in the courts, space constraints and other difficulties. Regardless, it is of utmost importance to find a solution to the delay in cases in the courts, he said.

"There are courts that run very well. It is not always about lack of resources. Some rural courts have resources but still do not decide on cases," Shameem said.

When asked by some members of the committee about the issue of lengthened pre-trial detention, Shameem said it also depends on the length of cases in the courts. The courts have to give a schedule on how to proceed with the cases, but they do not give it, he said.

The prosecutor said that if the schedule was given and the court cases were expedited, there would be no space for ‘ambiguous’ pre-trial detention as per the current laws.

Shameem cited some statistic of people in custody pending trial closures:

  • There are usually between 350 and 400 people remanded

  • About 16 people a month are ordered by courts to remain in custody pending trial

  • However, the cases are not decided in court within these 16 days

“If the court decides the case according to the law [closing the trial], it won’t be an issue. The problem lies in the slow completion of trials. We are exploring the possibility of expediting the process through special efforts with the court. Despite appointing a specific group for six months, only 17 cases have been resolved,” Shameem explained.

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