K. Male'
|
25 May 2023 | Thu 16:54
A hearing of the Fuhgiri trial was held at the Criminal Court, on Thursday
A hearing of the Fuhgiri trial was held at the Criminal Court, on Thursday
Fuhgiri case
Fuhgiri case: Criminal Court orders to let the defense have access to investigation files
The Judge ordered to grant the defense access to the information in the investigations files
They are the documents of the investigations compiled by the Police, ACC and the Asset Recovery Commission
The presiding Judge said the best way was to arrange for the case file to be examined in court

A hearing of the Fuhgiri trial was held at the Criminal Court, on Thursday.

Presiding over the case in Judge Ali Nadeem.

At Thursday's hearing, Former President Abdulla Yameen's lawyers noted that the Supreme Court's decision on the previous motions states that the investigation files should be made available and requested to see the documents before presenting evidence.

As such, the defense lawyers stated that the information in the investigation files would be important in building defense.

They also noted that the information in the files would help the defense to assess the Supreme Court's findings regarding the relevant evidence

Additionally, the hearing saw lawyers of Ahmed Krik Riza, disclosing that they have also submitted a letter to the Prosecutor General's Office, stating that they too want access to the investigation files. The lawyers noted that they have not yet received a reply to the letter.

The prosecution counsel said that according to the Supreme Court judgment, the prosecution will have the responsibility to disclose evidence if it is submitted as a pre-trial motion.

The state prosecutors went onto say that, what should have happened at the previous stage of the trial cannot be reversed at the currents stage of the trial. As such, the stated that the defense had not requested for the documents before.

According to Supreme Court ruling point 50, states that the defense should be granted the permission to review the case files, in accordance with the Rules of Criminal Procedure.

It includes a log of the investigation and findings of the investigating agencies.

It is the responsibility of the prosecution to make the investigation files and all logs available to the defense if the Judge orders so.

Judge Ali Nadeem stated that the matters mentioned in the Supreme Court judgment under Article 51(b) of the Constitution cannot be considered to be limited to the previous stage of the trial. He noted the Supreme Court's decision came after the previous stages of the trial and ordered to grant the defense access to the information in the investigations files.

Defense lawyers have requested that arrangements be made to view the documents prepared by the investigating agencies . They are the documents of the investigations compiled by the Police, the Anti-Corruption Commission and the Asset Recovery Commission.

In return, the Prosecution noted that the investigation was conducted as a joint investigation and that the information will be available at Maldives Police Service. The Prosecution stated that the defense can obtain the documents from the different agencies if the information is not available via Police.

Taking into account the arguments made by both parties, the presiding Judge said the best way was to arrange for the case files to be examined in court, and ordered the prosecution to do so.

Last updated at: 8 months ago
Reviewed by: Fathimath Zuhaira
- comment