2 deny negligence in Ibthihaal’s death

Two State employees charged with negligence over the death of three-year-old Mohamed Ibthihaal from V. Rakeedhoo in 2015 have denied the charge against them.

Ibthihaal was found dead in his home with visible injuries on January 28, 2015.

Five State employees have been charged with disobedience of order under Article 88 of the old Penal Code in relation to Ibthihaal’s death.

Two of them; former supervisor at Ministry of Gender, Mohamed Rasheed from Nasreenuge in G. A. Dhevvadhoo and former employee of Family and Children’s’ Service Center in V. Atoll, Ahmed Shuzaadh from Boachevan in G. Dh. Fiyoaree denied the charge against them in court this Sunday.

Others facing the same charge are; former head of cases section of Ministry of Gender, Mohamed Shakeeb from Gulalaamaage in F. Feeali, former employee of Family and Children’s Service Center in V. Atoll, Aminath Shiyaaza from Nalahiyaa in V. Felidhoo, and former Police Commander for V. Atoll, Lisaan Abu Bakr from Maabageechaage in B. Eydhafushi.

Charges were first read in court against Shakeeb and Rasheed – who are still State employees.

Mohamed Shakeeb, charged with negligence in Ibthihaal's death, exists court after hearing at Criminal Court on January 29, 2017. (Sun Photo/Fayaz Moosa)

Reading the charges, Deputy Prosecutor General, Mariyam Nihaayath said that both Shakeeb and Rasheed had knowledge a complaint over Ibthihaal’s mother, Afiya Mohamed abusing Ibthihaal was filed with Family and Children’s Service Center of V. Atoll on December 19, 2014. She said both Shakeeb and Rasheed had been in a position of responsibility over the issue, but had been negligent in taking the necessary steps to ensure Ibthihaal was safe and protected.

Rasheed responded that the charge against him was clear, and that he pled innocent to the charge.

Shakeeb also said the charge against him was clear, and said he wanted to proceed with the rest of the trial with assistance of a lawyer.

Next, the State prosecution read the charges against Shuzaadh and Shiyaadha.

Ahmed Shuzaadh, charged with negligence in Ibthihaal's death, exists court after hearing at Criminal Court on January 29, 2017. (Sun Photo/Fayaz Moosa)

DPG Nihaayath said both Shuzaadh and Shiyaadha were aware Afiya abused Ibthihaal on December 29, 2014. But that they were negligent in failing to take sufficient steps in ensuring Ibthihaal’s protection during their visit to his home in Rakeedhoo.

Shuzaadh’s lawyer, Abdulla Saeed denied the charge against his client. And said that Shuzaadh travelled to Rakeedhoo to check up on Ibthihaal’s situation to follow Shiyaadha’s instructions.

He said Shiyaadha questioned Ibthihaal over the abuse in presence of Shuzaadh, and that the case was referred to police when Afiya failed to answer her questions.

The lawyer said Shuzaadh had been a temporary employee of Ministry of Gender at the time, and that he hadn’t even received his employment contract at the time.

“Shuzaadh didn’t have an employment contract. So it wasn’t even clear what his responsibilities were,” he said.

He said Shuzaadh should be exempted from the charge.

DPG Nihaayath countered that the prosecution will be submitting evidence to prove the charges against the defendants. And that they all showed varying degrees of negligence.

Aminath Shiyaadha, charged with negligence in Ibthihaal's death, exists court after hearing at Criminal Court on January 29, 2017. (Sun Photo/Fayaz Moosa)

Nihaayath said she was concerned over the claim Shuzaadh had only gone to Rakeedhoo upon order of Shiyaadha, and that he was transferred to position of Assistant Counsellor on December 22, 2014.

She said Shuzaadh had worked in relaying information to Ministry of Gender officials in Male’ City.

Meanwhile, Shiyaadha said that the wanted to proceed with the trial with assistance of a lawyer.

Reading out the charge against former Police Commander of V. Atoll, Lisaan, DPG Nihaayath said Lisaan had been negligent in investigating and taking sufficient steps to protect Ibthihaal even after a complaint over the abuse was filed with the police on December 29, 2014.

Lisaan, charged with negligence in Ibthihaal's death, exists court after hearing at Criminal Court on January 29, 2017. (Sun Photo/Fayaz Moosa)

Lisaan responded that he wanted to proceed with the trial with assistance of a lawyer.

Judge Ahmed Shakeel said defendants with new lawyers would be provided the opportunity to address the charges against them during the next hearing, after which both sides will be given opportunity to submit evidence.