Supreme Court Orders Retrial in Police Officer Murder Case

MV+ News Desk | September 23, 2024

The Supreme Court of the Maldives has today ordered a retrial in the case of Mohamed Samah, who was previously sentenced to death for the murder of a police officer in Kaafu Atoll, Kaashidhoo, twelve years ago.

Samah was convicted by the Criminal Court for the 2012 killing of Police Officer Adam Haleem, who was fatally attacked with a knife while on his way to duty. This verdict was later upheld by the High Court. Following the appeal, the Supreme Court has now decided to revisit the case.

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During today’s hearing, Judge Husnu Suood emphasised that while Samah had confessed to the crime, a confession alone is not sufficient unless corroborated by evidence. He cited Islamic legal principles, noting that the Prophet Muhammad had followed similar guidelines in Hadd (serious) cases.

The Supreme Court’s ruling acknowledged that, although Samah admitted to the attack, he denied intending to commit murder. “In Samah’s statement to the court, he denies intentionally committing murder, which is the charge brought against him by the prosecution,” said Judge Suood.

Suood also highlighted that the police failed to gather additional evidence against Samah following his confession. While Samah later retracted his admission, no new evidence has been presented to support the charges. As a result, the judge ruled that the confession could not be selectively used to establish guilt.

The five-judge panel ruled that, due to Samah’s claims of coercion during his initial confession and the lack of corroborating evidence, the case should return to the lower courts for retrial.

The panel comprised Judge Husnu Suood, Judge Dr Azmiralda Zahir, Judge Aisha Shujune Mohamed, Judge Mahaz Ali Zahir, and Judge Dr Mohamed Ibrahim, with Judge Suood presiding over the hearing.

While the Supreme Court has previously upheld death sentences in three cases, the Maldives has observed a moratorium on executions since 1953.

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