Supreme Court quashes death sentence in police murder, orders retrial
Samah appealed the High Court judgement in the Supreme Court. He alleged that he had previously confessed to the crime after being intimidated by police.
Supreme Court on Mondauy quashed the death sentence handed down to Mohamed Samah in the case of stabbing policeman Adam Haleem to death while on duty in K. Kaashidhoo 10 years ago, and ordered a retrial.
The incident occurred on July 23, 2012. The accused in the case is Mohamed Samah from Kaashidhoo. He was also convicted by the Criminal Court and the High Court.
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Samah was sentenced to death by the Criminal Court in 2013
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The High Court upheld the judgement on in 2020
Samah appealed the High Court judgement in the Supreme Court. He alleged that he had previously confessed to the crime after being intimidated by police.
Samah went drunk with a knife to threaten Adam Haleem but did not intend to kill him, he said.
At the verdict hearing in the Supreme Court, presiding Justice Husnu Suood said that Samah's claim that he confessed to the crime under duress should be given weight.
Suood's opinion states:
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The confession of guilt is a reliable confession to see if he was under any compulsion
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The manner in which the police questioned Samah, his nature, circumstances, habits and the manner in which he conducted the investigation
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There is a possibility that the right to remain silent was exercised and the assistance of a lawyer was suddenly waived on the instructions of the police
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In this case, Samah's words should be emphasised; the court will accept Samah's confession if there is additional evidence to support it
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The case was decided on the basis of confession only and the amount of additional evidence was not assessed
Suood's opinion was supported by the other judges. The jury unanimously ruled:
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When the trial resumes in the Criminal Court, Samah will be given the opportunity to produce witnesses who he says will know that he was tortured
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The prosecution says there is additional evidence to support the confession
The case was heard by a five-judge bench in the Supreme Court:
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1-
Husnu Suood (Presiding)
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2-
Dr Azmiraldha Zahir
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3-
Aisha Shujoon Mohamed
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4-
Mahaz Ali Zahir
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5-
Dr Mohamed Ibrahim
