High Court rules against the two judges
In the appeal filed at the High Court by the Chief Justice, Abdulla Saeed and the Supreme Court Judge, Ali Hameed, after being convicted of influencing official procedures, the High Court has ruled in support of the original verdict of the Criminal Court.
Although the High Court supported the ruling from the Criminal Court, some changes were made to the verdict. And so the Criminal Court sentence of 19 months and 7 days were reduced to 14 months and 12 days.
Even with the hearings for the judges were held separately, both noted the same points for their defence. High Court said that none of the points raised by the judges were in violation of the law.
The defence also raised the signature on the case form to be signed by the Prosecutor General or someone appointed by the Prosecutor General was not signed by someone clearly recognized as a representative of the PG but the court said that it was signed by someone authorized by the court.
Regarding the points raised by the intent of the accused, the court verdict said that an intent of an accused is not written on the outside and the actions of the accused would be deemed his intentions. And said that a direct or an indirect act of influencing is still a crime.
The High Court verdict also said that the case report from the Criminal Court does indicate that sufficient time was given for the defense to produce witnesses and submit evidence as opposed to the defense argument.
The defense attorneys also noted that the case cannot be tried in the Criminal Court since some of the Judges at the Criminal Court testified on behalf of the prosecution. However the High Court said that the case does fall into the Criminal Court mandate and there is no evidence that the court's judges get any benefit from testifying.
In response to the defense allegations that the state witnesses were not just people to testify, the High Court said that in Shariah Law, a person is deemed unjust and unfit to testify if they have committed a major sin. And that none of the state witnesses have been convicted of any crimes.
The Judge presiding over the appeal at the High Court is Judge Abdulla Didi accompanyed by Judge Abdul Ghanee Mohamed and Judge Ali Sameer.
Criminal Court sentenced the Chief Justice, Abdulla Saeed and the Supreme Court Judge, Ali Hameed to 19 months and 7 days in prison. The sentence was passed after the court found that the two judges have been influencing lower courts to reach a certain verdict from 2016 to 5 February 2018.
The Criminial Court also passed a sentence of 4 months and 24 days against the Chief Judge for ordering to bring down the JEMS system.
Aside from influencing official procedure, the two judges are also charged with terrorism, accepting bribes and obstruction of justice. No verdicts have been reached in those charges.