Samah’s death: Driver appeals remand to High Court

The youth driver who was remanded in custody pending the outcome of his trial in connection to the deadly accident near Hulhumale’ Central Park has appealed the ruling with the High Court subsequent to which hearings in the case commenced on Thursday.

Hassan Samah, a Corrections officer, died in a dangerous accident involving a sports car and motorbike at Hulhumale’ Central Park area on August 5^th.

The driver of the car, Visam Sidhgee, was remanded in custody pending the outcome of his trial by Hulhumale’ Magistrate Court. He appealed the decision with the High Court.

Speaking at a hearing held on Thursday, Visam’s lawyer Noorul Salam said Visam had not been speeding and cited the reason behind the accident as Samah, who was on the motorbike, was driving in the opposite direction of a one-way. In this regard, he said despite the Police testifying otherwise, information that has come to light later has backed the defense. He stressed that Visam was remanded in custody based on information provided by the Police.

Noorul Salam further said Hulhumale’ Magistrate Court did not have jurisdiction to decide on Visam’s remand as he is accused of a death. On this note, he detailed the magistrate courts did not have the jurisdiction to review and decide on the remand in cases involving deaths.

The Prosecution refuted the defense’s argument, citing the law mandated individuals arrested to be presented for remand before a court in the location where they were arrested. Henceforth, they said there is no reason to overturn Hulhumale’ Magistrate Court’s decision.

The appeal is presided by Judge Hassan Shafeeu, Judge Fathimath Faruheeza and Judge Abdul Maaniu Hussain. The bench is chaired by Judge Shafeeu.