Anas' murder: Judge questions why gangs aren't stopped

In the High Court case of Mohamed Anas' murder back in July 2017, who was killed after being attacked by a group of assailants, Judges today questioned prosecutors why gangs are not being stopped.

Authorities are charging seven men for killing Anas inside the Litus Service Centre. They are Junaih Abdulla (L. Gan), Simaah Moosa (Reg no. 1746), Hassan Mahfooz (S. Feydhoo), Ahmed Zayaan (Lh. Kurendhoo), Usman Shareef (Malé City), Afrah Abdul Razzaq (Malé City) and Mohamed Shaz (Th. Kinbidhoo).

All seven were acquitted by the Criminal Court, which prompted prosecutors to appeal the decision at the High Court, who also requested the individuals to be held in remand pending the outcome of the appeal.

At the High Court hearing today, the state highlighted that Anas was murdered inside a private property by a group, and that those charged in the case have multiple criminal records. The prosecution also highlighted the men's affiliation to gangs and said they have submitted relevant intelligence information to the court.

According to the state, Anas was mistaken to be someone else and got killed amidst a dispute between two gangs. Claiming that their release would endanger society, the state requested their remand until the appeal is finalised.

These statements were met with a series of questions from the judges, who sought to clarify how it was determined that the ties the men had were with gangs, and why such dangerous gangs are allowed to operate in the country.

"How was it determined that there are dangerous groups? And if they are dangerous groups, how are these groups operating in the society freely? Is it legally allowed?" Justice Hussain Shaheed asked.

Prosecutors said that it is concerning when gang members are acquitted due to court rulings, and are allowed to be back in society. The judges' panel then asked if there is no way to stop the gangs, and whether the detention of some would stop gang activities.

“Just because these people are arrested or imprisoned due to their links with groups, does the threat to the security of society go away?” Judge Shaheed asked again.

The state explained that the existing gang crime laws do not prevent gang crimes.

The bench also questioned why one of the accused was arrested in suspicion of participating in another assault case last May, and then released on the same say.

In response, the prosecutors explained that there was no probable cause to hold him in remand.

Defence counsel rebutted by saying that while the Criminal Court's acquittal still stands, and the statement collection process of the case is complete, there is now concern of witness tampering. They also said that there is no concern of failure to appear in court and that of being a danger to society.

The bench of judges said a remand decision would be announced at the next hearing.

The case is being reviewed by Judge Mohamed Shaneez, Chief Judge Hussain Shaheed and Judge Mohamed Faisal, with Judge Shaneez presiding over the case.