Supreme Court has ruled today that the High Court ruling against holding in custody the persons accused of the murder of Mohamed Anas is wrongful.
In July 2017, Anas was murdered in Litus Service Centre, where he had fled to escape from a group of assailants that were following him.
Seven people were charged in the case. Charges of intentional murder were pressed against Ahmed Zayan, Asurumaage, Lh. Kurendhoo, Afrah Abdul Razzaq, M. Lonumidhilige, and Usman Shareef, M.Dhimishk.
Accomplice to murder charges were pressed against Junaih Abdulla, Nannarige, Thun'di, L. Gan, Simah Moosa, Male' registry no. 1746, Hassan Mahfooz, Western Villa, S. Feydhoo, and Mohamed Shaz, Gulfaamuge, Th. Kimbidhoo.
Seven years after Anas' death, the Criminal Court acquitted all seven, citing insufficient evidence.
The State appealed the case at the High Court, asking for the seven to be held in remand in custody until the end of trial. However, High Court ruled against holding them in custody.
The State then escalated the case to the Supreme Court.
The Supreme Court, with two out of three judges in agreement, ruled that the High Court's decision was based on reasons outside the law. They said that the instances where an individual can be held in detention during the appeal process after a lower court acquits them is now defined in the Criminal Procedure Act. The ruling, announced by Judge Ali Rasheed, stated that the court cannot have ruled against holding them in detention based on factors outside the law.
As per the amendments brought to the Criminal Procedure Act last December, a person can be held in custody during the appeal process based on there being sufficient evidence to accuse them, risk of destroying or tampering with evidence, and whether they pose a danger to society.
Although Judge Dr Mohamed Ibrahim supported this, Judge Aisha Shujune's stance differed. She stated that as per the amendment to the Criminal Procedure Act, the State must prove that one of the conditions outlined in it exist. She said that the evidence submitted by the State does not demonstrate this.
In addition to these seven individuals, a minor was also charged in connection with Anas' murder. The minor was sentenced to 18 years in prison by the High Court for the murder of Anas, which has since been commuted during the administration of former President Ibrahim Mohamed Solih.
