High Court acquits ex-President Maumoon

High Court has acquitted the prison sentence for obstruction of justice issued against former Maldivian President Maumoon Abdul Gayoom.

Criminal Court issued the one-year and seven-month prison sentence against Maumoon earlier this year.

Maumoon’s appeal was presided over by Judge Hassan Ali, Judge Ali Sameer and Judge Abdulla Hameed.

The High Court noted in its verdict this Thursday that the Criminal Court failed to provide Maumoon with sufficient time to hire new lawyers during the trial when his former lawyers excused themselves from the case even though the law requires courts to provide defendants with sufficient time to hire legal representation.

It stressed that witness testimony is the most crucial in any trial, but that a hearing to deliver witness testimony was held before Maumoon could hire legal representation. And witness testimony presented against him.

The High Court also noted that while Maumoon was sentenced for failing to surrender his phone to the police, the State prosecution failed to specify which phone it was referring to, or provide any evidence to support the phone contained any incriminating evidence needed by the police or provide a reason why the police believed the phone contained incriminating evidence. It also noted that communication even via phone is a basic right. And being unable to provide the phone because he didn’t have the phone or because he didn’t know where the phone was, wasn’t a crime in itself.

The court also noted that anonymous witness testimony is taken only in extreme circumstances, often when it involves major crimes. And that the integrity of the anonymous witness no. 4 in Maumoon’s trial was questionable.

High Court ruled the State prosecution had failed to provide sufficient evidence to prove its case against Maumoon, as required by the law in such criminal cases.

The court also noted that while the Criminal Court cancelled Maumoon’s permit to deliver religious sermons, the court had failed specify the reason for the decision.

The High Court also therefore nullified the order by Criminal Court to cancel Maumoon’s permit to deliver religious sermons.

While the conviction against Maumoon has been upturned, the convictions against former Chief Justice Abdulla Saeed and Supreme Court Judge Ali Hameed still stand.

Maumoon’s trial at the Criminal Court was rushed with many important hearings held at night during the month of Ramadan.