The Supreme Court has upheld a High Court ruling that barred the prosecution from introducing new evidence in the bribery and money laundering case against former president Abdulla Yameen.
High Court had previously overturned Yameen's conviction and prison sentence imposed by the Criminal Court over allegations that he accepted and laundered USD 1 million in bribes linked to the lease of Vaavu Aarah. The case was ordered to be retried.
However, High Court also ruled that new evidence submitted by the prosecution after the trial had begun should not be admitted. The prosecution appealed that decision to the Supreme Court.
The disputed evidence related to witness testimony submitted under Article 135 of the Criminal Procedure Code. Although the Criminal Court accepted the additional evidence, the High Court found it had been admitted in error.
In its judgment, the Supreme Court said the state prosecutes individuals using its institutional powers and resources and therefore bears the responsibility of proving guilt beyond reasonable doubt.
The court also noted that judicial treatment of procedural errors by the prosecution has been inconsistent and said such inconsistency undermines equality in criminal proceedings.
Judge Aisha Shujoon said the prosecution had failed to establish exceptional circumstances that would justify the Supreme Court considering issues not raised before the High Court. Her opinion was supported by Judges Dr Mohamed Ibrahim and Abdulla Hameed.
The Supreme Court therefore upheld the High Court's decision that the Criminal Court had wrongly admitted the additional evidence.
Proceedings in the Vaavu Aarah case before the Criminal Court had been adjourned pending the Supreme Court's ruling. Following the judgment, the retrial will proceed without the disputed evidence.
Yameen also faces separate criminal proceedings over the Raa Fuggiri case. In addition, a separate appeal is pending before the High Court in which he is seeking the release of USD 1 million (about MVR 15 million) held in an escrow account by the Anti-Corruption Commission.
