High Court has yesterday issued an order to hold a retrial and decide on the medical examination of a person accused of child sexual abuse, as his case was earlier dismissed by a magistrate court that declared the accused has 'a screw loose'.
High Court has yesterday issued an order to hold a retrial and decide on the medical examination of a person accused of child sexual abuse, as his case was earlier dismissed by a magistrate court that declared the accused has 'a screw loose'.
The Gaaf Dhaalu Thinadhoo Magistrate Court ruled that the accused in a sexual abuse case cannot respond to charges filed against him based on their review of doctors' statements regarding him, stating that the man cannot speak in his own defence as he has 'a screw loose' or lacked sufficient mental capacity.
The State then appealed the case at the High Court, which stated in its ruling yesterday that medical reports of the accused indicate that the man is of sound mental capacity, and have nothing included which indicates the man may have any such disability.
The Court also stated that it is improper and ill advised to use questionable terms used in society in a court ruling.
"While there are dedicated laws established to protect the respect and dignity that must be extended to persons with disabilities as well, we do not believe it is appropriate to use questionable terms used in society in a judicial ruling baselessly," the ruling issued unanimously by the three Judge bench states.
The ruling said that the lower court had not confirmed that the entity conducting the psychological assessment of the accused is a legally approved entity to conduct such tests. Hence, High Court revoked the lower court ruling and ordered a retrial where the accused's medical examination, too, should be revisited.
The Judges' Bench was compiled of Judge Fathimath Faruheeza, Judge Huzaifa Mohamed and Judge Mohamed Faisal, with Judge Faruheeza presiding.
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