Five individuals charged in the murder of Anas Abdul Sattar, of Fenfiyazge in Meedhoo island in Raa Atoll, have denied the charges, citing that they were not in capital Male’ city at the time of the murder.
First degree murder charges were raised against four individuals;
- Ahmed Zayan
- Usman Shareef
- Mohamed Shaaz
- Afrah Abdul Razzaq
Three were charged as accessories, having assisted the four in fleeing the scene of crime;
- Junaih Abdullah
- Hassan Mahfooz
- Simaah Moosa
While seven were charged with murder, cases of five were heard in Monday’s preliminary hearings. Case against Mahfooz, one of the defendants, could not be proceeded as his lawyer was not present for the hearings, while Zayaan’s lawyer was under suspension.
Afrah, one of the defendants had claimed that he was in Hulhumale’ at the time of murder, with friends. The other defendant, Shaaz, claimed that he was not in the vicinity at the time.
However, prosecution stated that some of the defendants had not covered their faces, during and prior to the attack. The CCTV footage from Litus, where Anas was stabbed, however, clearly showed the faces of some of the attackers.
While the defendants had denied the charges, their lawyers had corroborated their claims and raised questions on key evidence submitted by the prosecution.
Defense lawyers added that Police Intelligence Report cannot be accepted by the court. However, prosecution argued that while the Penal Code says the Report cannot be used as evidence in itself, it can be used if corroborated and supported by other evidence.
Prosecution had filed the report as a confidential one, citing security concerns for witnesses. They had also argued that it cannot be revealed even after censoring the names of witnesses.
Defense had also questioned on why first-degree murder charges were raised on their clients, while Police had claimed Anas’ murder was a case of mistaken identity. However, prosecution argued that the intent was murder and therefore, it cannot be deemed any other. A case of mistaken identity, the lawyer said, was not grounds to dismiss first-degree murder charges.
Lawyers for five defendants also noted that the statute of limitations to file charges on their clients had passed. As per the law, charges must be raised within 15 days in such cases.
Responding to the claims, prosecution said that Prosecutor General can extend the period under special cases, which was applicable in this case.
Judge Adam Arif said the Court will review the arguments and deliver a judgement on whether to proceed ahead with the case.
A minor was charged in the murder as well. His case is being heard at Juvenile Court.
