Supreme Court has today ordered the lower courts to grant a retrial to Mohamed Samah, who had been served the death penalty for conviction of murder of a police officer in Kaafu atoll Kaashidhoo twelve years ago.
Supreme Court has today ordered the lower courts to grant a retrial to Mohamed Samah, who had been served the death penalty for conviction of murder of a police officer in Kaafu atoll Kaashidhoo twelve years ago.
Samah was convicted on murder and sentenced to death by the Criminal Court for the attacking and murdering Police Officer Adam Haleem with a knife while he was going to duty in 2012. The High Court later upheld this verdict.
Samah had then appealed the case at the Supreme Court.
Speaking at today's hearing, Judge HusnuSuood said that despite the accused confessing to a crime, it can only be proven against him if his statements can be proven beyond doubt. Suood said that Prophet Muhammad had also acted in this manner when it came to Hadd crimes.
The Supreme Court's verdict says that although Samah has confessed to the attack, he has claimed that he did not do so with the intention of committing murder.
"In Samah's statement to the court, he denies intentionally committing murder, which is the charged raised against him by the prosecution," Suood stated.
Suood states that police had not made any efforts to find evidence against Samah after he had confessed in the lower court. While Samah has later retracted this confession, there is no evidence to back the charges against him, the Judge said. He maintains that as such, Samah's confession statement cannot be considered in parts to prove him guilt.
The panel of five judges ruled that as Samah has claimed he confirmed under coercion, and to see if there is any additional evidence to prove his guilt, the case will be sent to lower courts for a retrial.
The Judges' bench included Judge HusnuSuood, Judge Dr Azmiralda Zahir, Judge Aisha Shujune Mohamed, Judge Mahaz Ali Zahir and Judge Dr Mohamed Ibrahim. Judge Suood presided over the hearing.
The Supreme Court has previously upheld the death penalty sentences against three individuals. However, there has been a moratorium on implementation of death penalty in the Maldives since 1953.
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