Suspects charged with serious crimes must be barred from leaving the country and Immigration should withhold their passports, the Supreme Court has determined.
The apex court's ruling came in its decision on the appeal of the Criminal Court's order to release the passport of Sealife owner Ahmed Moosa (Ammaty), who is on trial over alleged fraud in the sale of flats by the company.
A three-judge bench heard the case. Justice Husnu Suood issued the ruling to hold passports upon the pressing of charges. Justice Mahaz Ali Zahir supported his opinion. But the requirement was absent in the opinion by Justice Aisha Shujoon, who presided in the bench.
If a defendant flees the country after charges are raised over a serious criminal offense and the case is filed at court, the entire criminal justice system could be rendered powerless, Justice Suood said. It would also be obstruction of justice, he said.
"When charges over a criminal case stated in section 22 of the penal code is submitted to court, and upon the court instructing Maldives Immigration to bar the defendant from traveling out of the country, it is the responsibility of Maldives Immigration to blacklist such persons and prevent them from departing the country," Justice Husnu Suood said, delivering his opinion.
The withholding of the passport would remain in effect until the conclusion of the three stages of trial, including the two stages of appeal, Justice Suood said.
New rules for authorizing travel overseas due to poor health were also determined. The court must ensure that treatment is not available in the country before granting permission, the majority opinion by the two justices stated.
"In the trial of a serious criminal case, authorization to travel out of the country must be granted based on an opinion provided by a doctor at a court hearing on the unavailability of the treatment in the country, after the Prosecutor General's view is expressed, and on the condition that [the defendant] returns after completing medical treatment," the Justice said.
In granting medical leave, the court has the discretion to condition the depositing of a bank guarantee, bond or sum of money equivalent to the amount included as bail in the charges, the opinion stated.
The three justices unanimously overturned the Criminal Court's order to release Ammaty's passport.
Ammaty was previously arrested in Sri Lanka, where his family resides, after a red notice was issued to search for him over fraud allegations.
He was charged with 42 counts of fraud and embezzlement. Separate trials are ongoing for the charges, each of which involves different victims of the apartment scam.
