Court ponders proceeding with prosecution of 2 charged in Ibthihaal case

Criminal Court has decided it will be making a decision on whether or not to proceed with criminal charges against two of the State employees accused of negligent homicide in the death of three-year-old Mohamed Ibthihaal - found beaten to death.

State employees Mohamed Rasheed and Mohamed Shakeeb were charged under Article 88 (d) of the old Penal Code, in reference to law on stopping domestic violence and law on protection of the rights of children.

During the hearing held this Wednesday, legal representatives of both Rasheed and Shakeeb said that no criminal investigation was done against them in the case, and asked the court to determine whether their clients can therefore be prosecuted.

The lawyers also argued that Human Rights Commission of Maldives took statements from their clients and completed their investigation into Ibthihaal’s death without informing them that they were suspected of any wrongdoing.

State prosecutor, Mariyam Nihaayath responded that investigation into former President Mohamed Nasheed was also conducted by HRCM, and that HRCM had the authority to conduct criminal investigations. She said the case was investigated under the directive of Prosecutor General.

Rasheed’s lawyer, Ali Ahmed said HRCM did not have the authority to conduct criminal investigations, and that any such directive given by Prosecutor General was therefore void.

The judge presiding over the case said a decision on whether or not to proceed with criminal prosecution of Rasheed and Shakeeb would be made during the hearing held on March 29. And that if the court decides to proceed with their criminal prosecution, both sides will be required to submit their witness list.

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

Five State employees have been charged with negligent homicide in his death.

They are:

1. Mohamed Rasheed: Former supervisor at Ministry of Gender and Family