Prosecution seeks witness protection order over shop murder

Prosecution on Monday presented a motion to the Criminal Court, requesting a police protection order for witnesses involved in the case surrounding the stabbing death of Mohamed Ahmed Didi.

This incident occurred on February 24, 2023, when Mohamed was attacked inside Maafannu, Muranga magu, ‘Krasa’ shop, ultimately succumbing to his injuries on February 27.

The incident has led to charges of intentional homicide against two men,

Both men remain in custody as they await trial. 

During Monday's pre-trial hearing, the prosecution requested the preservation of seven pieces of evidence, which they classified as crucial for both the state and the defence. The prosecutor emphasised the need for witness protection, highlighting the potential risks posed by the accused, who are allegedly affiliated with a gang operating in the Henveiru area.

The prosecution’s counsel noted that the Criminal Procedure Act empowers them to seek witness protection orders. They argued that the likelihood of physical harm necessitates immediate protective measures for witnesses.

In contrast, defence attorney Hamza Latheef, representing Shirhan Ali, raised concerns regarding the procedural clarity for implementing such protections. He pointed out that the law requires police to establish a ranking rule within three months of its enactment, a guideline that remains unformulated. This lack of clarity raises questions about how judges should assess protection needs in this case.

Faih's lawyer, Ali Asif, echoed these concerns.

Despite the defence's arguments, the prosecution maintained that the absence of formal guidelines should not impede the protection of witnesses. They asserted the necessity of ensuring the highest level of safety for those who may be at risk.

During the hearing, both defendants provided alibis, asserting they were not present at the crime scene. Shirhan submitted evidence to support his claim, while Faih presented five witnesses.

The hearing concluded with presiding Judge Aishath Nuzuha indicating that she would deliberate on the motions and deliver her decision in the next session.

It is noteworthy that Faih Nizam was previously arrested in connection with another incident involving five individuals accused of harbouring him. Additionally, he faces separate charges related to a café altercation from April 2023, including assault with a dangerous weapon and obstruction of law enforcement.