Shah Alom Mia (Salim), sentenced to death in the murder of Mahmood Aboo Bakuru, a businessman from Alif Dhaalu atoll Dhangethi, who has given conflicting statements through out the investigation and court case, has appealed to the High Court to uphold his death sentence.
Salim, a Bangladeshi national, was given the death penalty by the Criminal Court in October 2021, for brutally murdering Mahmood and attempting to dispose of his body in an abandoned plot on the island. This is the first case where a foreigner has been sentenced to death in the Maldives.
As Salim did not submit an appeal against his sentence, the State approached the High Court to ascertain the validity of the sentence.
Speaking at yesterday's court hearing, Salim - through an interpreter - first requested leniency based on the fact that he had offered cooperation during the investigation and trial.
State appointed lawyer for the defendent, Ahmed Shafiu, stated that Salim wished to share new information with the High Court. The lawyer said that he had cautioned Salim that he cannot make false statements in court.
The Judges bench said that information shared between lawyers and clients are confidential, and that it cannot be revealed at court. Should the lawyer feel he cannot represent the interests of his client, or fulfill his requests, the option is for him to withdraw from the case.
Asked if Salim wanted a new lawyer to be found for him, he responded that he wanted the High Court to uphold the sentence passed on him by the lower court.
"My request is for you to uphold the sentence as it is. That is because I have not been able to defend myself to this day because none of the authorities are accepting my statements. I request that the lower court's decision be upheld, and not cause further inconvenience to anyone," the interpreter quoted Salim.
Asked again if he wanted to be given a new lawyer, Salim maintained that he did not want one.
"I do not want even want a new lawyer. Nor do I want any more trials," Salim insisted.
Following this, the court adjourned for a short interval.
After the hearing resume, the Bench once again offered Salim the option of being given new legal representation. They explained to Salim that he had been convicted of murder, enquiring if he had anything he wanted to highlight about the lower court's ruling.
Salim responded that he had no further complaints on the matter, but appealed for any possible leniency as he had offered full cooperation in the investigation.
Changing his stance once again, Salim then claimed that he had been deprived of some fundamental rights by the lower court. Asked to elaborate, he said he had been compelled to admit to offences he had not committed.
The bench asked Salim which of his statements the investigation and lower court had rejected.
Salim responded that when the case was proceeding at the lower court, he did not understand or speak Dhivehi language. On sharing this with the Bangladesh High Commission in Maldives, he was advised to submit the issue to the High Court.
Salim claims that although a death sentence was passed on him at the lower court, his interpreter at the time had told him he had been sentenced to 99 years in prison. The State rejected this claim, saying they had no indication that events occurred in this way.
Asked if he was aware of the death sentence, Salim claimed that he had only learned of it on a much later date than when the sentence was issued.
Asked for his final words on the matter, Salim shared that he is not in good health, adding that he had offered what cooperation he could. He appealed to the bench to end the case 'one way or another'.
The State maintains that Salim had confessed to his crimes at a time when all his rights were guaranteed. They said that he had been receiving the services of both an interpreter, and a lawyer.
The State maintains that in accordance with the wishes of the victim's immediate family, and with Islamic Shariah, Salim must be sentenced to death as there are no extenuating circumstances. They appealed for the lower court's death sentence against Salim to be upheld.
The High Court bench announced that if there is no necessity of further clarifications, the ruling will be announced at the next hearing of the case.
The High Court Bench is made up three judges. Judge Fathimath Faruhiza, Judge Mohamed Niyaz, and the presiding Judge Hassan Shafeeu.
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