Groups and lawyers intimidating witnesses has become a major challenge: Criminal Court

Criminal Court has stated that intimidation of witnesses by groups connected to defendants charged with serious crimes as well as by their families and even defence lawyers has become a major obstacle to the criminal justice system.

The remark was made in the sentencing of Hamdhoon Hamzath, who was handed the death penalty for the murder of 19 year old Ibrahim Aagil in an attack near the Maldives Monetary Authority (MMA).

During the trial, the prosecution submitted several pieces of confidential evidence, including testimony from “Secret Witness No. 8”, who was present at the scene.

The witness testified that he saw Aagil being stabbed in the chest, heard him scream, and saw him run before collapsing. He further stated that he clearly saw Hamdhoon ride away on the back of a motorcycle after flicking blood off the knife used in the attack; making him a key eyewitness in the case.

Although the witness gave his testimony in court on September 20, 2021, he later sent a letter dated November 2, 2023, requesting the court to nullify his testimony.

Judge Ali Adam, in his judgment, said such situations are increasingly common in cases involving dangerous crimes.

“Members of the group to which the accused belong, their families, and defence lawyers intimidate witnesses in various ways and threaten them with life-threatening harm. This is happening, and it is a major challenge to the criminal justice system,” the judgment stated.

Despite the witness’s later attempt to withdraw his testimony, the judge ruled that the statement should be given full weight, noting that it was provided voluntarily, without coercion, and was consistent with the investigative statement. The court found no legal reason to dismiss it.

Judge Ali Adam noted that cases involving loss of life are highly sensitive and require efficient processing, but this case had been delayed for multiple reasons. He stressed that when witnesses are granted confidentiality, the system must ensure robust protection to maintain that confidentiality.

He added that all institutions must work together to strengthen witness protection and expedite trials.