Woman walks free from life imprisonment over illegal police search

Criminal Court has issued an acquittal to a woman who allegedly attempted to traffic diamorphine into Maafushi Prison due to a lapse by the police in following protocol for searches on suspects.

The woman, a resident of B. Thulhaadhoo, was arrested from K. Maafushi on July 15, 2018. The woman was arrested and taken to Maafushi Police Station where officers commenced to strip search her based on a court warrant. After the officers commenced their strip search, the woman voluntarily took out two condoms from inside her underpants and handed it over to the officers. Tests revealed nine grams of diamorphine in two rubber packets inside the condoms.

The woman was charged with diamorphone trafficking which carries a life sentence of 25 years in prison.

Judge Ismail Rasheed, who presided over the case, ruled last Thursday that witness testimony proved the police had searched the woman in violation of Article 38 of Criminal Procedure Code.

Article 38 of Criminal Procedure Code dictates protocol for intercepting criminal suspects and searching their body and clothing.

The judge established that the police had searched the woman in violation of the law, and offered her an acquittal based on Article 52 of the Constitution and the precedent set by High Court in its ruling number 189 in 2017.

Article 52 of the Constitution establishes that any confession expect for those at trial are inadmissible as evidence, and any evidence obtained illegally is also inadmissible at trial.