Prison smuggling racket: HC rules one officer remanded unlawfully

High Court has ruled that one of the prison officers arrested for suspected involvement in a large-scale smuggling racket at the Maafushi Prison was jailed pending the outcome of his trial unlawfully.  

In June, the police announced that a special investigation uncovered the involvement of at least 18 officers from Maldives Correctional Service in a large-scale smuggling network based in Maafushi Prison.

The officers were found to have amassed at least MVR 73 million from smuggling drugs, phones and other contraband into the prison.

Zayan Ahmed, who was arrested in Maafushi in connection with the case, appealed the Criminal Court’s decision to remand him in custody pending the outcome of his trial with the High Court.

As per the Criminal Procedure Act, remand of individuals arrested from an island outside of Male’ area has to be decided by the magistrate court of the respective island within 24 hours. In circumstances where the magistrate court is unable to issue the ruling for any reason, the remand of the individual has to be decided by another magistrate court of the same constituency.

Henceforth, High Court decided that the Criminal Court lacked the jurisdiction to decide on the remand of an individual arrested from an island other than Male’.

They stressed that it was not enough to present an arrestee before a judge to decide on their remand, but that judge must have the jurisdiction to decide on the individual’s remand.  

The High Court judges who presided over the appeal unanimously decided to overturn Criminal Court’s decision, citing it to be a ruling delivered outside of its jurisdiction.

While 18 officers are suspected of involvement in the case, Police have requested charges against 13 of them. The Prosecutor General’s Office (PGO) filed charges against five of the officers but found the evidence insufficient to prosecute the other eight. Notably, three of the five charged have signed plea deals with the state.

Some of the suspects in the case have already resigned from Corrections.

Home Minister Ali Ihusan has promised that all involved in the smuggling racket will face just punishment despite no longer being employed by Corrections.