Nadeem murder: State requests High Court to place Mafaz in custody

The State has appealed to the High Court to place Mohamed Mafaz Hussain Saleem, accused of the murder of Nadeem Ibrahim, in custody until the court concludes trial.

Mafaz, of Shaaraaz in Galolhu ward, has been accused of murder with a sharp object in the death of Nadeem Ibrahim, who was attacked in Terminal Cafe' by a group of assailants in July 2017.

Others accused of the crime are Ali Nifaz of Vidhaathari, Laamu Atoll Gan, Hussain Shamin of Samantha, Raa Atoll Innamaadhoo, and Mohamed Karam Suhail of Havaasaa, Gaafu Alif Gemanafushi.

Criminal Court acquitted all charged with the crime last year, following which the State appealed the verdict at the High Court.

In today's High Court hearing, the State appealed to place Mafaz back in custody as he may pose a danger to society. They explained that he had previously been in custody for a different crime, but has since been released.

Mafaz's lawyers argued that he has been released from custody in the other case for three months now, and that there is no record of further crimes within this duration.

The lawyers stated that Mafaz had been held in custody for several years when the case initially proceeded at the Criminal Court, and as such, there is no reason to hold him in custody again during the appeal hearings. They maintained that even if Mafaz remains free, there is the option to rearrest him should any further offences come to light.

Hence, they appealed for Mafaz to be left free of custody, even if some conditions are placed upon his release.

The State retorted that Mafaz having no recorded crimes in the previous three months is not justification for keeping him free of custody. They said that in light of previous superior court rulings in regarded cases, it is evident that this is not something that needs to be considered in making a remand ruling.

The bench of judges asked the State for its view on placing back in custody an individual who had remained in custody for five years and then been acquitted.

The State responded that the five year remand is not a reason that would disallow holding him in custody again during the appeal proceedings. They added that the five years in custody had been in relation to a number of other cases, as well.

The bench of judges announced that a decision on remand in custody for Mafaz will be reached at a later date.

The bench of judges at the High Court presiding over this case consists of presiding Chief Judge Hussain Shaheed, Judge Hassan Mazeed and Judge Mohamed Saleem.

The State has previously appealed to the High Court to place in custody the others accused in the case. The High Court decided at the time that only Nifaz can be placed in custody. As a result, Nifaz remains in custody currently until the end of the trial.