Ibthihaal murder trial: state requests "highest punishment" for the mother

The state has requested for the highest possible punishment to be issued on Afiya Mohamed Manik in the murder trial of three-year-old Mohamed Ibthihaal.

Two charges have been raised on Afiya, the mother of the murdered toddler; charges of deliberate murder and disobeying orders.

During Wednesday’s hearing, the state prosecutors read out a summary statement, highlighting that it believes they have plenty of evidence against Afiya, as stated under Article 51 (a) of the Maldives Constitution, which reads that everyone charges with an offense has the right to be informed without delay if the specific offense in a language understood by the accused.

In compliance with Section 1205 of the Penal Code of the Maldives which describes offences for which punishments are prescribed In the Holy Quran, state prosecutors requested for the highest possible form of punishment to be issued on Afiya.

The Penal Code reads that “if an offender is found guilty of committing an offence for which punishments are predetermined in the Holy Quran, that person shall be punished according to Islamic Sharia and as prescribed by this Act and the Holy Quran.”

Other points noted by the state include that Afiya had initially pled guilty to the toddler's murder in front of court, which is considered a judicial confession, as such, the state believes the confession cannot be taken back.

Further, the state prosecutors noted that a psychological assessment was also carried out on Afiya, who is to have a history of sexual abuse which in turn led to severe depression and high levels of anxiety “triggered by the smallest things”. However, mental health expert Dr.Aishath Ali Naaz testified that no mental disorders were observed during the tests, however, Afiya gets fits of “uncontrollable anger” which leads to tantrums, she said.

Dr Naaz testified in court that Afiya murdered her son “with a sound state of mind.”

In light of this, the state revealed that Afiya’s initial confession is linked to every evidence surrounding case, despite her confession withdrawal.

Afiya was subject to childhood sexual abuse and had conceived Ibthihaal out of the abuse inflicted on her. Despite pleading guilty earlier in the trial, she retracted her confession and claimed that she was coerced to confess.

The court is to issue a verdict in the case on 8 March.

Afiya confessed to having strangled her son to death, but later said that she had not been home when Ibthihaal was murdered. The toddler was found beaten to death inside his house in Rakeedhoo island of Vaavu atoll in January 2015.