May 6 attack: HC grants Thahmeen’s defense to adduce evidence

Criminal Court’s decision not to accept evidence adduced by Thahmeen Ahmed’s defense in former President Mohamed Nasheed’s assassination attempt case has been overturned by the first appellate Court.

Thahmeen’s defense presented two particular evidences to prove his absence from the scene of the crime at the time of the incident; but was rejected by Criminal Court. State argued that the evidence should have been collected during investigation as per the Criminal Procedure Act, and adducing said evidence after the investigation violated this.

Criminal Court’s decision was appealed by Thahmeen’s defense at the first appellate court. High Court held that Thahmeen should be granted the right to adduce the evidence, highlighting that the defense was not provided information about the scene of the crime or the date. The court also added that taking defense at the investigative stage is not allowed.

The court claimed that the absence of a defense from Thahmeen during investigation should not be interpreted as an indication of him relinquishing his right for a defense. The court further noted that during the investigation Thahmeen was questioned about a date different from the date of the incident.

The three-judge panel unanimously revoked the Criminal Court’s order, and added that there were no legal grounds to bar Thahmeen from presenting evidence in his defense.

Besides Thahmeen, from Gaafu Alifu atoll Kondey, the prosecution has charged Machchangolhi Feyruge Mujaz Ahmed, Ali Haisham from Noonu atoll Manadhoo, Fahumy Ali from Gaafu Alifu atoll Vililngili and Maafannu Kudhehige Ishaq along with Mohamed Nazim from Alifu Alifu atoll Maalhos.

The case has now entered into its next phase at Criminal Court where hearings along with witness testimony collection will begin. The hearing will proceed in the presence of all the defendants.

While several suspects will have their Criminal Court trial in the coming weeks, Adhuham Ahmed, who was involved in the explosion attack directly, was convicted for the crime and faced a 23-year jail sentence.