State has argued that charges of “aggravated assault using weapons” slapped on protestors who kicked police officers during the opposition demonstration held on May 1 was based on the legal phrase “participation in any way.”
State made the argument on Thursday, during the hearing of two men – Mohamed Sinaan of Sh.Goidhoo Malaz, and Laushan Ahmed Zahir of Gdh.Gahdhoo Lotus - suspected of assaulting police officers during May Day demonstration.
Prosecutor Aishath Fazna Ahmed said that while some used batons, helmets and cones to assault police officers, the two defendants had kicked police officers. And that according to law, it fell under “participation in any way.”
Article 9(a) of law against creating fear, using lethal weapons and sharp objects defines assault using sharp object or lethal weapon as a criminal offense.
Article 9(b) defines attempting such a criminal offense, aiding such an offense or participating in it in any way as a criminal offense.
Judge Abdulla Mohamed had asked why state had not pressed charges against everyone who participated in May Day demonstration based on their interpretation of “participating in any way.”
He said that based on state’s interpretation of law, charges needed to be pressed against everyone who participated in the demonstration for supporting assault.
Defense lawyer representing both Sinaan and Laushan, Ahmed Nazim said that state needed to prove a lot of things with the way they had charged the defendants.
He said that state needed to prove that weapons used by those suspected of using lethal weapons to assault police officers were indeed lethal. And that Sinaan and Laushan had participated in assaulting police officers with the said lethal weapons, and that the crime was premeditated.
Nazim said that Sinaan and Laushan could not be convicted before defendants suspected of using lethal weapons to assault police officers were proven guilty.
State prosecutor said that state would be providing witnesses to support their charges and that whether the defendants were innocent or guilty would be evident after testimony of witnesses.
Thursday’s hearing ended with both prosecution and defense being provided the opportunity to present written evidence.
Next process in the trial would be presentation of material witnesses.