Nadheem Murder Trial: Judge denies motion to reconsider remand

The judge has denied the motion filed by two defendants charged with the 2017 murder of Nadheem Abdul Raheem to reconsider their remand.

Nadheem Abdul Raheem (Nadey), 19, H. A. Thakandhoo, was killed in a targeted stabbing at Terminal Café in Male’ City on July 27, 2017.

5 people were originally charged for the murder. The charges against one of the defendants, a minor, was dismissed by the Juvenile Court in 2018.

The four remaining defendants are being tried for the murder at Criminal Court. The trial is currently presided over by Judge Hussain Faiz Rashad.

THE FOUR DEFENDANTS

• Mohamed Mafaz Hussain Saleem, G. Shaaraaz, Male’ City
• Ali Nifaz, Vidhaathari, L. Gan
• Hussain Shamin, Samantha, R. Innamaadhoo
• Mohamed Karam Suhail, Havaas, G. A. Gemanafushi

Mafaz has been charged with pre-meditated murder using a sharp-edged weapon, and the other three defendants have been charged with accomplice to a pre-mediated murder using a sharp-edged weapon.

SUMMARY OF LAST HEARING

• All defendants, expect for Karam attended the hearing with lawyers
• Mafaz and Nifaz were represented by Ibrahim Zahid, Shamin was represented by Aishath Shifana
• The State prosecution asked the judge to make a decision on dismissing Attorney Ibrahim Zahid from the trial as he had previously served as a legal officer at Criminal Court and could have been privy to confidential information regarding the case.
• The defense lawyers asked the judge to reconsider the court order to remand Mafaz and Shamin to jail as they had their heads shaved by prison officers
• The State prosecution objected to the motion arguing the reason for their remand still stands
• Judge announced he will make a decision regarding the motions at the next hearing

THIS WEDNESDAY’S HEARING

A hearing in the murder trial was held at the Criminal Court this Wednesday morning. Beginning the hearing, Judge Faiz noted that Attorney Ibrahim Zahid served as Registrar of Criminal Court for two stints, and announced the decision to dismiss him from involvement in the trial.

The hearing was mainly focused on the motion to reconsider Mafaz and Shamin’s remand. The court only focused on Shamin as Mafaz had been without legal representation at this Wednesday’s hearing.

Mafaz and Shamin’s lawyers claimed at the previous hearing that their clients had their heads forcibly shaven following confrontations between inmates and prison guards at Maafushi Prison in June. They argued that it was a violation under the Anti-Torture Act.

The State prosecutor argued this Wednesday that prison regulations allow the hair of inmates to be cut as short as 2 centimeters. The prosecutor said Mafaz and Shamin’s heads weren’t shaved, but cut short in accordance with the regulation.

The prosecutor also pointed out that the defense made no other torture claim other than having their hair cropped short, but that a letter from Maldives Correctional Service showed they also received physical injuries in the attempt by prison guards to stop acts of disobedience by inmates during the confrontation.

The prosecutor said both Mafaz and Shamin received medical attention within 48 hours, and that medial documents show they required for further treatment.

Karam was represented by Attorney Ayathulla Hussain at this Wednesday’s hearing. He asked that the court reconsider remand citing lack of clarification of the charge against his client as well as lack of evidence against his client.

Ayathulla argued that there were no grounds to keep Karam in jail. He said Karam will not attempt to tamper with witness testimony, posed no threat to society, and was not a flight risk.

In response, the State prosecutor said Karam has been charged with escorting the defendants to Terminal Café. The prosecutor said that though Karam did not enter the café, he drove one of the three motorcycles with the other defendants to the café, and travelled with the other defendants along the same route.

He said anonymous witness testimony, CCTV footage and video analysis report of the footage serve as evidence to support the charge.

He said the law and precedent set by superior courts prove suspects of such crimes should be remanded to jail pending the outcome of trial.

Judge Faiz, following presentation of arguments by the defense and prosecution, decided against reconsidering the original order to remand Shamin and Karam to jail.

The next hearing in the trial has been scheduled for July 22.

Mafaz and Nifaz have been awarded five days to hire new legal representation.