The High Court has upheld the Criminal Court's death sentence ruling against Adhuham Mohamed, who was charged in the murder of taxi driver Gasim Hassan after he was stabbed in the neck.
Gasim was murdered in 2019. He had been driving his taxi with Adhuham in the backseat, who had stabbed Gasim in the neck in an attempt to rob him. Adhuham was sentenced to death by the Criminal Court in 2023.
The prosecution filed a motion to the High Court to ascertain the validity of the ruling. During today's hearing, the three judges made a majority ruling that the lower court's sentence was valid.
Even though Adhuham initially admitted guilt during the investigation stage and even signed a deal with the prosecution, he later denied the charges in court. At the time, he had stated that he admitted guilt while he was under the influence of drugs, and that the police had given him drugs as well. However, the sentence reads that the court's efforts in clarifying the statements showed that they were not true.
According to Adhuham, when he pressed the knife onto Gasim's neck in his attempt to rob him, Gasim moved suddenly, resulting in it being stabbed. While reading out the sentence however, High Court Judge Dheebanaz Fahmy stated that the depth of the stabbing and the injuries that were sustained show that it was the result of an intentional stabbing.
The sentence further reads that Adhuham had planned for the robbery, whereby he had acquired a knife capable of harming an individual, and had the intent to rob an older individual as he had considered it would be easier to do so. The sentence also reads that Adhuham had intent and planned for the crime.
The police found the knife that was used in the attack and the shirt that Adhuham was wearing after they were hidden, with Adhuham's and Gasim's DNA being found on the knife. The sentence states that because of this, there is no other reason other than Gasim being attacked that his DNA would be present on the knife.
Even though Adhuham stated that he attacked Gasim while he was under the influence of drugs, the sentence outlined that as Adhuham was under the influence voluntarily without compulsion, he is to bear the responsibility of the crime.
Gasim's five heirs requested the death penalty against Adhuham. And even though Adhuham asked for forgiveness from them during trial, the sentence reads that he was not forgiven even when the verdict was handed down.
And so, as Adhuham had intent to commit homicide and murdered Gasim, the sentence upheld by Chief Justice Abdulla Jameel Moosa, Justice Hussian Mazeedh states that there is no reason why Adhuham should not be given the death penalty.
Even though the High Court upheld the death penalty against Adhuham, it can only be enforced if the Supreme Court upholds the sentence.
