The appeal hearing of Visam's remand order commenced at High Court today. Multiple points were raised from both sides and the court will issue a decision at the next hearing.
High Court today commenced the appeal hearing of the driver remanded in connection with the recent fatal accident near Hulhumalé Central Park, involving a speeding sports car and a motorcycle that resulted in the death of a prisons officer.
The accident occurred in the early hours of September 6, when a speeding car driven by 26 year old Mohamed Visam Siduqee crashed into the Hassan Samah's motorcycle.
The 23 year old from Laamu atoll, Isdhoo sustained fatal head injuries during the collision, and passed away shortly after being taken to Hulhumale' Hospital for treatment.
Visam was arrested in the case, and was remanded pending the outcome of his trial, by the Hulhumalé Magistrate Court. However, the ruling was appealed at the High Court, and the hearings commenced today.
During the hearing today, Visam's defence counsel Nooru-Salaam Abubakr argued that Visam did not speed and that the accident was caused by the motorist driving against a one-way road.
Although police denied these claims at the lower court, Nooru-Salaam said they have reason to believe otherwise. He also claimed that Visam's arrest was contingent on the information provided by police officers.
Nooru-Salaam also questioned the magistrate court's authority to issue rulings in criminal matters; especially in matters related to death. As such, he requested to vacate the lower court's remand order.
In response, prosecutors claimed it has not been found that the deceased drove against the one-way road, and insisted that the accident was caused due to the speeding car. The state also highlighted that Visam was stopped multiple times in the past for driving without a license. Based on this, the prosecution said there is no reason to believe police perjured themselves at the lower court.
The also highlighted that detainees have to be presented to a court in the island in which the arrest was made, and that Visam being taken to Hulhumalé Magistrate Court for his remand was lawful. Concluding their statement, prosecutors requested the court to maintain the lower court's remand order.
After multiple rounds of questioning both sides, the judges' bench concluded the hearing today. During the next hearing, the judges will deliver their verdict.
The case is being heard by High Court judges Hassan Shafeeu, Fathimath Faruheeza and Abdul Maaniu Hussain, with Judge Shafeeu as the presiding judge.
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