Criminal Court has convicted four men over the kidnapping and torture of a man whose finger was severed, despite the victim retracting his statement during the trial.
The court found that the prosecution had proved the case through documentary and forensic evidence, even though the victim denied in court that the accused had assaulted him.
The case involved a man who was allegedly held captive inside an apartment, tied to a chair, had one of his fingers cut off with a pipe cutter and was burned with a heated knife.
The incident came to the attention of police after the victim escaped and sought treatment at Hulhumale' Hospital with his mother. Police launched an investigation even though the victim did not file a complaint.
Five men, including two members of the Maldives National Defence Force (MNDF), were charged.
They were:
- Ali Saamy of R. Kandholhudhoo
- Ahmed Saaif Waheed of GDh. Gadhdhoo
- Mohamed Naushan Hussain of Th. Thimarafushi
- Mohamed Nafah of K. Maafushi
- Ahmed Zayan of L. Gan
Nafah and Zayan were serving MNDF officers at the time of the incident.
The court convicted Saamy, Saaif, Naushan and Zayan, while Nafah was acquitted.
During the trial, the victim denied knowing the attackers and testified that the accused had not assaulted him, despite previously giving investigators a detailed account of the alleged abuse.
Criminal Court Judge Mohamed Misbah found that the victim's trial testimony lacked credibility and instead relied on CCTV footage, mobile phone forensic evidence, medical evidence and statements made by the victim.
The judge said the victim's earlier statement to investigators was consistent with the available documentary evidence, while his testimony in court appeared to be false.
According to the judgment, Saamy ordered the victim's finger to be cut off and later applied a heated knife to the wound. He was sentenced to 10 years' imprisonment, of which he will serve seven years, 11 months and 24 days after deducting time spent in detention.
Saaif was found guilty of severing the victim's finger with a pipe cutter and was sentenced to 15 years in prison. He will serve 12 years, 11 months and 24 days.
Naushan was convicted of restraining the victim while the finger was amputated. He received a 10-year sentence and will serve seven years, 11 months and 24 days.
Zayan was convicted of failing to assist the victim despite knowing he was being held captive and tortured. He was sentenced to three months' imprisonment but will not serve additional time because he has already spent longer than that in custody.
The court acquitted Nafah after ruling that the prosecution failed to prove beyond reasonable doubt that he intentionally heated the knife used in the assault.
According to the victim's statement to investigators, he was abducted and tortured after losing drugs that had allegedly been entrusted to him. He said he was told to repay the loss, travel abroad to bring back drugs, or sell his kidneys in repayment.
He alleged that he was initially restrained with a fishing line around his neck and assaulted by multiple people who entered the apartment.
The victim also told investigators that his finger was severed after his captors suspected he had informed someone that he had been kidnapped. He alleged that a taser gun was also used during the assault.
The following day, he escaped after finding only one of the suspects asleep in the apartment. He took his mobile phone, fled the scene and went with his mother to Hulhumale' Hospital for treatment.



