Supreme Court upholds Shamman's remand in custody until the end of trial

The Supreme Court has ruled today to uphold the Criminal Court's order to hold former Immigration Controller Mohamed Shamman Waheed in custody until the end of trial.

Shamaan was arrested after being removed from office, following allegations that he colluded with immigration officials to extort more than MVR 500,000 from an expatriate. The money taken from the expatriate, who had been released from immigration detention, was reportedly taken to Shamaan's residence.

The High Court also upheld the remand order. He is being held in custody because he had been serving in a position of influence, as well as his close relations with witnesses which pose the risk that he may attempt to influence evidence.

Shamman appealed the High Court's ruling at the Supreme Court. In today's Supreme Court hearing, presiding Judge Hussain Shaheed stated that Shamman was unable to say how the High Court's ruling went against the law.

Judge Abdulla Hameed concurred. However, Judge Aisha Shujune Mohamed dissented.

Judge Shujune stated that if the State claims there is a risk of tampering with evidence, then the State has to submit supporting material. However, in this case, there is only the statement made by the State, she said. She went on to say that the State had also not defined the 'close relation' Shamman has with witnesses.

However, all three Judges concurred that there is no room to void the initial 15 days remand in custody ordered against Shamman. At the time, he was accused of corruption.

Anti Corruption Commission (ACC) has the mandate to investigate corruption cases. If there are allegations of corruption, such a case is investigated collaboratively as a joint investigation by Police and the ACC. If it is a case of corruption alone, then the case must be investigated by the ACC.

However, this was not followed in Shamman's case. ACC was not involved in the investigation when Police first went to court seeking Shamman's detention. This was raised in Shamman's appeal at the High Court, but the High Court did not find issue with it.

Supreme Court today ruled that it was done against Article 74 of the Criminal Procedures Act.

Despite this, Shamman's remand in custody cannot be ruled wrongful, Judge Shaheed said. He said that this is because Shamman was detained for money laundering, which the Police hold the mandate to investigate.