HC orders reopening “screw loose” abuse suspect’s case

High Court on Wednesday has ordered to reopen a sexual abuse case and conduct a medical examination on the alleged suspect.

The case was dismissed from the magistrate court that heard it citing the defendant was “screw loose” and ineligible to be tried for a criminal charge.

The state appealed the case, in which the suspect has been alleged to have touched a minor with sexual intent, after the court of first instance held that the defendant lacked the mental faculty to make any defense.

The state sought to revoke the lower court decision, and resume the case where it was left at the first-instance court.

According to the Maldives Penal Code, if the defendant lacks the mental faculty to comprehend the charges they face, they should not be forced to accept the charges for which they are suspected, and neither should such an individual be tried and sentenced at a court of law.

High Court, in the appeal, held the medical examination report lacks all the mandatory elements to constitute it as a valid medical examination document, while the witness testimony also failed to establish the suspect’s mental state.

The first appellate court had annulled the lower court decision, and ordered to resume the case if the state files the case to court within seven days from the date of the High Court ruling.