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Video evidence considered, conviction determined in assault case

The three Supreme Court judges unanimously overturned the High Court verdict and convicted the minor of the charges against them. The case was forwarded to the Juvenile Court to determine an appropriate punishment.

Ameera Osmanagic
14 July 2024, MVT 20:53
[File] Supreme Court -- Photo: Mihaaru
Ameera Osmanagic
14 July 2024, MVT 20:53

The Supreme Court today convicted a minor of assault with a sharp object based on video evidence presented in the case.

Prosecutors charged the minor at Juvenile Court for their involvement in the assault which took place in 2018. The child was accused of transporting the assailant on a motorcycle from the location of the attack.

While only one witness testified against the minor, prosecutors submitted video footage and its analysis, which were declared as proof by both the Juvenile and High Courts. However, it was not sufficient for a guilty verdict, the court's had determined.

This prompted the state to appeal the case to the Supreme Court. In its verdict today, the court stated that while the secret witness testified that the minor was the motorist, the analysis report confirmed that the features of the individual seen in the video match those of the minor. The verdict also refuted the High Court's assertion that video evidence alone is insufficient to convict an individual.

"While the assertion that proof alone will not be enough to convict in a criminal case has no legal or judicial basis," the unanimous verdict of the three Supreme Court judges stated.

According to the Supreme Court decision, both the High Court and Juvenile Court wrongly ruled that the secret witness's statement did not establish the child's involvement in the case. The verdict further stated that upon reviewing the witness's statement, there was sufficient evidence against the child. The verdict highlighted that the witness's statement was notably accurate when considering the video footage and its analysis, indicating that all the evidence pointed against the minor.

Additionally, the verdict pointed out that the Supreme Court's policy, which allows for a guilty verdict based on consistent witness statements, extends beyond sexual crimes against children. This policy can also be applied in other cases where there is relevant corroborating evidence, such as in this instance where secondary evidence supports the witness statement.

Based on this reasoning, the three judges unanimously overturned the High Court verdict and convicted the minor of the charges against them. Consequently, the case was forwarded to the Juvenile Court to determine an appropriate punishment.

The case was reviewed by Judge Mahaaz Ali Zahir, Judge Aysha Shujune Mohamed, and Judge Dr Azmiralda Zahir, with Judge Mahaaz presiding over the case.

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