High Court orders review of suspect's release citing cognitive impairment

The High Court of Maldives has ordered a review of the case where a suspect of a drug-related offense was released citing cognitive impairment. 

The suspect is named as Hamdhan Abdulla from V. Binfehi. He was charged with attempting to traffic drugs into the Maldives after drugs were found inside a package belonging to him when he returned to the Maldives from India in February 20, 2019. After being charged, Hamdhan cited cognitive impairment as his defense. 

Article 62 of the Penal Code states that individuals with such impairments cannot be sentenced. Hamdhan, cited the defense when his case as brought to the Criminal Court, and Hamdhan’s case was carried out in the presence of his mother in court. 

Hamdhan also submitted a psychological assessment as evidence of psychological impairment leading to high depression and anxiety. The psychologist who prepared the report also testified in court that Hamdhan could not have understood the charges against him. Based on this, the Criminal Court ruled that Hamdhan’s case was to be dismissed.  

However, upon appeal, the High Court ruled yesterday to overturn the decision of the lower court. The High Court verdict in the matter read that there was no standard to see if the defense obtained by the defendant in the case could in fact be taken up. The court noted based on the verdicts ruled in foreign jurisdictions, points to look at to see if the defense could be taken.

This includes enquiring if the defendant could not instruct his legal representatives due to his disabilities, assist in building his defense, understand or comprehend evidence and testimonies, comprehend the court hearings and ongoings. 

The High Court said that the Criminal Court had not clarified its questions to the psychologist in the case regarding whether Hamdhan could comprehend the charges against him. The High Court verdict also read that Hamdhan understood the proceedings of the psychological assessment and responded to all questions in a mindful manner which showed that he understood the proceedings. The psychologist had also testified so in court for this. 

The testimony of the psychologist had also not read that Hamdhan was incapable of grasping the proceedings of the trial, evidence and testimonies presented, instruct his lawyers and build his defense. 

The High Court also stated that despite the emphasis on professional testimonies, judges of courts should also take into account their own findings and observations when making a ruling. 

The High Court stated that Hamdhan had denied the charges and even requested for a state appointed lawyer due to his financial status, which showed that he understood and comprehended the situation. 

The High Corut judges bench which ruled on the matter consisted of Senior Judge Hathif Hilmy, Judge Fathimath Faruheeza, Judge Hussain Mazeed.