High Court of Maldives on Monday overruled a magistrate court's decision to grant bail for a man accused of sexually abusing his grandchild.
High Court of Maldives on Monday overruled a magistrate court's decision to grant bail for a man accused of sexually abusing his grandchild.
According to redacted court documents, prosecutors charged the unidentified man of sexually molesting his 13 year old grandchild in August of 2023. However, he was granted a conditional bail by a magistrate court last March.
In the appeal, defence cited health conditions, specifically advanced stages of diabetes and his lack of previous crime records.
The magistrate court's decision was based on the determination that the conditions of bail, if not violated, would not endanger the safety of the society nor influence evidence.
This ruling was then appealed by prosecution at the High Court, which reviewed the case and declared that the lower court's ruling does not clarify on which basis the determination was made.
The court also highlighted that the man's remand was initially ordered in accordance with clause 36 (a) of the Special Provisions Act to Deal with Child Sex Abuse Offenders (Act number 12/2009), which does not recognise health and age as factors of granting bail.
In light of this, the bench of three High Court judges reviewing the case ruled to revoke the bail release, returning him to a seven-day remand until the lower court declares a new ruling on his remand status.
The presiding judges in the case were Judge Hassan Shafeeu, Judge Mohamed Shaneez Abdulla and Judge Abdul Maaniu Hussain. The case was presided over by Judge Shafeeu.
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