The High Court on Monday overturned the criminal court's decision not to accept two witnesses proposed by Thahmeen Ahmed, a suspect charged over the attempt to assassinate former president Mohamed Nasheed.
Thahmeen was the owner of the cycle on which the bomb was hidden and one of the suspects who attached the explosive device, the prosecution alleges. He was charged with participating in an act of terrorism, aiding the transport of explosives and supporting a terrorist organization.
The two defense witnesses that the criminal court rejected were proposed to build the defense that Thahmeen was not at the scene when the incident occurred. The court ruled that the witnesses were inadmissible because the criminal procedures law requires an alibi defense to be disclosed during the investigation stage before trial.
In the judgment on Thahmeen's appeal of the ruling, the High Court noted that Thahmeen had raised an alibi defense in response to the state's allegation of attaching an improvised explosive device (IED) to a cycle registered under his name on May 3, 2021.
Despite the police accusing him of attaching the IED to the cycle in the legal warning or notification made to Thahmeen, there were no details about the crime scene or the date. In such circumstances, a suspect cannot be obligated to raise an alibi defense during the investigation stage, the High Court judgment stated.
The criminal court's pre-trial ruling was overturned in the judgment issued unanimously by judges Fathmath Farheeza, Huzaifa Mohamed and Hassan Shafeeu. There were no grounds to reject Thahmeen's witnesses, the judges determined.
Trials are ongoing at the criminal court against Thahmeen Ahmed, Mujaz Ahmed, Ali Haisham, Mohamed Nazim, Ishaq and Fahmy Ali, all of whom were charged on various counts of terrorism over the attempt to assassinate Nasheed on May 6, 2021 by exploding an IED hidden in a cycle parked near his residence in Male'.
Charges raised over the bomb attack:
- Thahmeen Ahmed: participating in an act of terrorism, aiding the transport of explosives and supporting a terrorist organization.
- Mujaz Ahmed: planning an act of terrorism and hiding a fugitive.
- Ali Haisham: planning an act of terrorism, aiding the transport of explosives and participating in an act of terrorism.
- Ishaq: planning an act of terrorism, aiding the transport of explosives and participating in an act of terrorism.
- Fahmy Ali: participating in an act of terrorism.
- Mohamed Nazim: planning an act of terrorism.
Aduham Mohamed, who actively participated in the bomb attack against Nasheed, was sentenced to 23 years in prison after confessing and signing a plea agreement.
