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Court denies defence request to restart trial in Nasheed assassination attempt

Lamya Abdulla
14 March 2023, MVT 18:10
(FILE) Police investigating the explosion site: it was an IED used in the explosion, on May 6, 2021: Six people are currently being charged in regards to their involvement in the assassination attempt while Adhum Ahmed was found guilty and had been sentenced to 23 years in prison. -- Photo: Mihaaru
Lamya Abdulla
14 March 2023, MVT 18:10

The Criminal Court decided on Monday that they would not be re-starting the case of the assassination attempt on former President and Parliament Speaker Mohamed Nasheed from the beginning, even if the bench of judges that had been presiding over the case has been dissolved.

Charges are levied against six people over the attempted assassination of Nasheed during May of 2021; Thahumeen Ahmed from Gaafu Alifu atoll Kondey, Mujaz Ahmed from Male', Ali Haisham from Noonu atoll Manadhoo, Fahumee Ali from Gaafu Alifu atoll Villingili, in addition to Ishaaq from Meemu atoll Kudhehige and Mohamed Naazim from Alifu Alifu atoll.

Thahumeen, Mujaz, and Haisham are charged with participating in an act of terrorism and planning an act of terrorism. They have also been charged with transporting explosives to a secondary location, while Thahumeen faces an additional charge for supporting a terrorist organisation and aiding a criminal escape.

Fahumee is charged with participating in an act of terrorism, while Nazim is charged with planning an act of terrorism. They are both additionally charged with transporting explosives.

The Criminal Court compiled a bench of three judges to preside over the case. However, after changing the judges that make up the bench on multiple occasions, the court has dissolved the initial bench. Only Judge Sofwath Habeeb will preside over the case now.

During Sunday's hearing of this case, the defense had requested to repeat some of the earlier processes of the case as the bench had been dissolved.

Thahumeen's lawyer said that when he attempted to submit evidence, he was denied because of how Thahumeen's previous lawyer had acted. Therefore, he requested that he be given this chance again.

The other defense lawyers also requested the opportunity to re-submit their evidence since the bench has changed.

However, the state was against this proposal. They said that there is no obstruction to justice even if the case is resumed from where it was paused.

Judge Sofwath decided they would not be restarting the case from the beginning. He said when the court's prior decisions were reviewed, it was clear the judges had made the decisions unanimously. He also said if the opportunity to resubmit evidence was provided, equality among the defense would be lost.

The judge also said that while it is important to determine a schedule for the trial, due to the court's availability and facilities, it is not possible to do so. However, he will be trying to hold the hearings on Saturdays to ensure the court proceedings go smoothly.

Some defense lawyers objected to the hearings being scheduled for Saturdays. They also said since the victim in this case is Nasheed, the court may attract criticism for an accelerated trial.

Judge Sofwath responded that the trials were conducted without discrimination in regards to the position of the victim involved in the cases.

Muaz and Fahumy had requested leniency regarding their detention since the trial of the case is delayed. Haisham said he was not allowed to meet people adequately while he was detained and that they were being treated as if they had already been found guilty of the crimes they were charged with.

The next step in the case will be to file the inaugural statement and start the trial. The judge said the date of the hearing would be announced by the end of this week.

Adhum Ahmed, who was involved in the bombing, was found guilty earlier and has been sentenced to 23 years in prison.

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