Trials in absentia erodes right to defence, says ex-deputy PG Shameem

Criminal proceedings held in absentia erodes the constitutionally guaranteed right of individuals to defend themselves, said former Deputy Prosecutor General and lawyer Hussein Shameem.

He further said that conventionally, Maldivian law only allows for trials in absentia in cases where defendants have pleaded guilty and not ones where they are entitled to defend themselves.

“It is essentially allowed because there is no real trial against someone who has admitted to carrying out an offense, there is only sentencing” Shameem said.

Shameem said this in a panel discussion between individuals in legal professions, held on Wednesday night.

He also said that recent judicial decisions have violated other doctrines practiced in local courts, such as those on hiding the identity of witnesses.

Shameem said that there have been cases where the judge allowed the prosecution to hide the identity of witnesses despite the witness not asking for it.

He said this to support his statement that judicial proceedings need to be as transparent as possible to maintain the people’s trust in the process.

Former Attorney General Husnu Suood and the former head of the Elections Commission’s legal department had joined Shameem on the ‘Dhusthooree Fasaanaa’ panel.