High Court dismisses appeal case in Jian's death

The High Court of the Maldives has dismissed the appeal case against the Managing Director of W Construction Adam Shafeeq in an incident where a child was killed by a falling sack of cement from a construction site of the company.

The case was dismissed from the Criminal Court but later appealed to the High Court only to be dismissed today. Four expatriate workers on the site named as Rajjav Ali, Muthamani Ramachundra, Kechahilal Chauhaan, Gulam Mohamed as well as Managing Director Adam Shafeeq and senior site supervisor Moosa Hassan were charged with the incident.

The Criminal Court had found all others except Shafeeq guilty of the charges.

State prosecution appealed the case against Shafeeq to the High Court in January. Just one point was taken by the state for the case, citing that the Criminal Court decision was in violation of Article 70 of the Penal Code. The article deals with criminal activity and responsibility for criminal activity in case of a company. 

The High Court in its ruling stated that the point was not taken by the Prosecution in the lower court process and was not argued. The Court also stated that Shafeeq was not provided the opportunity to respond to the charges and  before stating that the case could not be continued in the appeal court. 

The case was decided by justices Shuaib Hussain Zakariyya, Abdulla Hameed, and Abdul Raoof Ibrahim. 

How did the incident happen?

December 16, 2018: Eight-year-old Rawshan Jian was walking on the pavement next to a W Construction site, M. Nalahiya Manzil, on when a cement sack being hoisted from the fifth floor to the sixth floor hit the side of the building and burst open, loosening the rope around it and throwing it down directly on top of her head. 

For more on the case, click here.