Supreme Court has held another hearing in the case of Fathimath Hana, who was convicted over her involvement in the murder of lawyer Ahmed Najeeb, as the matter remains pending five years after the prosecution sought a final ruling on her death sentence.
Prosecutor General’s Office filed a petition in 2020 asking the Supreme Court to declare Hana’s death sentence final. The court held two hearings in April 2021.
More than three years later, on 25 November 2024, the court reconvened to hear testimony from Dr Abdulla Adsar, who examined Najeeb’s body.
Hana’s case was heard again on Thursday, more than a year after that sitting, following changes to the Supreme Court bench.
The case was previously heard by a bench comprising former Chief Justice Ahmed Muthasim Adnan, former justices Mahaz Ali Zahir and Husnu Suood, Justice Dr Mohamed Ibrahim and Justice Aisha Shujoon. The bench was presided over by Muthasim.
Muthasim, Suood and Mahaz are no longer serving on the Supreme Court. They have since been replaced by Justices Ali Rasheed, Hussain Shaheed and Mohamed Saleem. Justice Ali Rasheed now presides over the case.
Today's hearing was held to complete procedural formalities following the change in the bench.
During the hearing, the prosecution urged the court to declare final the verdicts upheld by both the Criminal Court and the High Court.
The state argued that the charge of intentional homicide had been proven beyond reasonable doubt based on evidence and statements gathered during the investigation and trial.
Hana’s lawyer, Ahmed Shifau, countered that his client neither planned nor carried out the killing.
He told the court Hana was not present at the time of the murder and was asleep when it occurred. According to the defence, she only learned of Najeeb’s death when co-accused Ahmed Murrath, of M. Mashrooraa, informed her.
While the prosecution has argued that Hana confessed to the killing, Shifau said she had never admitted to committing murder. Instead, he said, she acknowledged involvement in acts preceding the crime, including placing tape on Najeeb.
“I cannot admit her involvement in Najeeb’s murder because Hana had no role in planning it or when it happened. That is reflected in the statements,” Shifau told the court, adding that confessions from other defendants detailed how the killing occurred.
He asked the Supreme Court not to declare the sentence final and to acquit her of the death penalty.
Hana did not speak during today's hearing. However, she gave detailed testimony before the Supreme Court five years ago.
At the time, she acknowledged agreeing to certain actions but said she had done so out of guilt over her involvement. She later said she no longer believed she was responsible for the murder.
According to her previous statement, two men took Najeeb’s bank card and PIN number to purchase alcohol and food. She said she woke the next morning to a distressed call from Murrath informing her that Najeeb had been killed.
Hana admitted she participated in attempts to conceal Najeeb’s body, saying she acted out of panic.
At the close of today's proceedings, presiding Justice Ali Rasheed said the court would schedule the next hearing if no further clarifications were required.
