The High Court has overturned an order by the Criminal Court to release Haleemath Lamha, a defendant who was in custody over the murder of Filipino nurse Mary Grace.
The Criminal Court's decision to release her was incorrect, the High Court ruled on Wednesday after the lower court's order was appealed.
The Criminal Court had granted a conditional release of three months for Lamha. She was prohibited from leaving the house between 10 pm and 6 am. She was also required to seek the court's permission to leave Male'.
In the order issued on Wednesday, the High Court said the Criminal Court failed to properly consider whether she no longer posed a danger to society.
"[The order to release Lamha from custody] was issued in contravention of Articles 49, 17 and 20 of the Constitution, Articles 60(b) and 59 of the Criminal Procedures Act, Section 13(c) of the procedural regulations for criminal trials, and the rule that states that courts of a lower tier must abide by decisions made by courts of an upper tier," the High Court order stated.
In a unanimous ruling by the panel of judges that heard the appeal, the High Court overturned the Criminal Court's release order and reverted to a previous order to keep her detained.
The bench included Chief Judge Hussain Shaheed and Judges Hassan Shafeeu and Mohamed Shaneez Abdulla.
Mary Grace, an Indira Gandhi Memorial Hospital (IGMH) nurse, was killed by asphyxiation after blows to the head and neck, the autopsy report showed.
After the police investigation, murder charges were raised against her husband Marvin Vargas. Lamha, who was charged with aiding the murder, was his lover.
Mary was a nurse in the IGMH dialysis department while Marvin and Lamha worked as nurses in the casualty department.
As divorce is illegal in the Philippines, Marvin and Lamha were alleged to have been having a secret affair.
Marvin reported Mary Grace's death as a suicide by hanging on October 19, 2021. But suspicious circumstances prompted the police to conduct further investigations.
Marvin was arrested on suspicion of murder on October 27. Lamha was arrested 50 days later on December 16.
Marvin was charged with wilful murder and Lamha was charged with wilfully aiding a murder.
She faces additional charges for taking controlled medicines from IGMH without permission after they were found hidden in her room.
