Yameen’s Death: Court to verify authenticity of secret witness’s letter

The bench of judges presiding over the case of the murder of blogger Yameen Rasheed has stated that the court will work to verify the authenticity of a letter allegedly sent to the Criminal Court by a secret witness, claiming they wish to withdraw their testimony. Following the initial trial in the Criminal Court, Ismail Haisham Rasheed of H. Annarumaage, and Ahmed Zihan Ismail of Hulhumalé No. 11399, were sentenced to life imprisonment.

The testimony of the secret witness stood as the primary evidence for their conviction.

However, it was noted in the Criminal Court's initial judgment that the witness had sent a letter expressing a desire to retract their statement. At that time, the court decided to give weight to the original testimony without discussing or considering the letter. After Haisham and Zihan appealed this verdict, the High Court overturned the lower court’s ruling last December and ordered a retrial. The High Court directed that both parties be given the opportunity to speak regarding the letter sent by the secret witness and that a decision be made on the matter.

In accordance with that order, the Criminal Court has restarted the trial. During a hearing live-streamed this afternoon, the bench questioned the prosecution regarding the letter. The state prosecutor stated that no steps had yet been taken to confirm whether the letter was indeed sent by the secret witness.

The prosecution explained that the state only became aware of the letter through the Criminal Court’s judgment, and since the lower court had initially decided not to accept the letter, the state had argued in the High Court on the assumption that the initial decision was correct.

However, the prosecutor noted that with the High Court’s ruling, a situation has now arisen where the authenticity of the letter must be verified. Presiding Judge Ibrahim Ihsan questioned whether the state had made any decision regarding the letter since the High Court’s ruling in December. The prosecution replied that they did not wish to take any action regarding the letter before the hearing, as it is a case currently proceeding in the Criminal Court.

The judge stated that the court would proceed with the necessary procedures to verify the authenticity of the letter and instructed both the prosecution and the defense lawyers to be prepared to discuss their positions on it.

A hearing has been scheduled for the 26th of this month for this purpose.

Judge Ihsan noted that since the two defendants have been in custody for a long time, the court wishes to conclude the case quickly, and because the High Court’s instruction was to look into a specific matter, only one more hearing would be held.

"The case is one that must be concluded as quickly as possible. In this matter, it is not just the rights of the defendants; the rights of the victim who passed away and the rights of society are also very much involved. Therefore, considering all those factors, it is important to review the case quickly and reach a decision," Judge Ihsan said.

The Criminal Court had previously ruled that Mohamed Dhifran of Gdh. Gadhdhoo Sindhubadhuge, Hassan Shifaz of M. Kudhehige, Ismail Rasheed of M. Thaif, and Hussain Ziyad of M. Kolhufushi East were not guilty. Of those, the state appealed the cases of Ismail Rasheed and Dhifran to the High Court. In those cases as well, the High Court overturned the verdict and ordered a re-determination after further discussion on a specific article of the Criminal Procedure Act.

Criminal Court is conducting the trial for this portion alongside the main case.

The bench, formed under the authority granted to Chief Judge Adam Mohamed, consists of presiding Judge Ihsan, Judge Mohamed Misbah, and Judge Ali Nadeem. During the proceedings, the defense for Ismail Rasheed questioned the court on why a bench was formed for this case and why the trial was being live-streamed.

In response, Judge Ihsan stated that as the case involves individuals who have spent a very long time in custody, it must be clear to the community why the case is being prolonged, whether it is due to the court not being prepared, the lawyers not being prepared, or other challenges within the system.

High Court’s decision to overturn the sentences of the two convicted individuals in Yameen Rasheed's murder case drew significant public criticism. Similarly, the Criminal Court’s 2022 judgment acquitting four others also faced criticism.

The ongoing delay in achieving justice for Yameen’s death remains a major concern for his family.