State to Supreme Court over decision to reject appeal on Lamha’s release

The state has decided to go to Supreme Court after a High Court judges’ bench upheld the Court’s registrar’s decision against accepting the state’s appeal on the release of Haleemath Lamha Abdul Rahman, one of the prime suspects in the murder of Filipino nurse Mary Grace One Pineda who worked at IGMH.

Lamha, who had been remanded in custody pending the outcome of her trial, was granted three months conditional bail by the Criminal Court on November 12th. Her release came despite arguments from the state, citing her to be a possible threat to the society.

Subsequently, the state appealed Criminal Court’s decision with the High Court. On November 21st, High Court’s registrar rejected the appeal citing the prosecution failed to explain a circumstance that requires the apex court’s intervention with respect to the lower court’s decision. The state then requested the registrar’s decision to be reviewed.

A judges’ bench also upheld the registrar’s decision, in a 2-1 ruling. The bench included Judge Mohamed Niyaz, Judge Mohamed Saleem and Judge Mohamed Faisal.

Judge Niyaz and Judge Saleem concurred with the registrar’s decision.

Judge Faisal dissented, citing delays in the trial does not constitute for a valid reason to be released on bail. In this regard, he said the Court should probe whether a person in custody can be released due to delays in trial instead of remedying the issue at hand.

Conditions of Lamha’s release included:

• Refrain from further criminal offenses during bail duration
• Timely attendance to court if and when summoned 
• Approval from the court for any trips out of Male’ City
• Refrain from communicating or meeting with all potential witnesses
• Seek police approval to go outside of her place of residence
• Refrain from traveling abroad during the bail period

Mary was killed in her apartment on the first floor of Ma. Udhuheykokaage in Male’ City in the afternoon of October 19, 2021.

Her husband, Marvin S. Y. Vargas is charged with murder with intent, while Lamha – his mistress - is charged as an accomplice to murder and for unauthorized possession of controlled medical substances.

All three had worked as nurses at IGMH.

Marvin had taken Mary’s body to IGMH in an ambulance mere minutes after she had gone home for her break from work. He initially claimed her death as a suicide by hanging, and later changed his story and said she had suddenly collapsed.

Police found the death suspicious and opened an investigation.

Marvin was arrested on October 27, 2021. And Lamha was arrested on December 16, 2021.

An autopsy on Mary showed she died from injuries to her neck and head. Examiners also found traces succinylcholine - a medication used to cause short-term paralysis as part of general anesthesia - in her blood.

Investigators found a used succinylcholine injection, along with two other restricted injections from Lamha’s apartment.

Marvin faces a life sentence if found guilty, while Lamha faces at least six.