The Criminal Court has convicted former Civil Court Judge Mohamed Hilmy and his wife Aminath Ali for sexual misconduct, two years after the pair were discovered by police near the Hulhumale’ garbage dump in a state of undress.
Police arrested Hilmy and Aimanth, at the time his girl friend, around midnight on November 12 on suspicion of sexual misconduct. The pair refuted the charges, claiming it was a police set up.
However, the criminal court noted that three police constables who witnessed the act had testified stating that “Aiminath’s underwear and pants were down to her knees” and that Hilmy had his “pants down to his knees”.
Photos taken by the constables at the scene were also presented to the court.
Based on pictures and testimonies, the court ruled that Hilmy and Aiminath were guilty of sexual misconduct, and sentenced the pair to six months’ banishment and 15 lashes each.
However, the sentence was deferred for three years under section 292 of court trial regulations.
Hilmy, who has heard high-profile cases including former President Maumoon Abdul Gayoom’s request for an injunction against the Presidential commission and the Herathera Resort dispute, was suspended from the bench soon after his arrest.
The press statement issued by the Judicial Service Commission (JSC) at the time stated that Hilmy was asked to stay home until notified by the JSC or until the police investigation was completed.
“Further, the commission has asked the Police Integrity Commission to investigate a complaint from Mohamed Hilmy that police mistreated him, exhibited profane behaviour and gave defamatory information to media,” the JSC said.
Shahinda Ismail, President of the Police Integrity Commission, confirmed to Minivan News at the time that a complaint was filed by the Judges Association (JA) and the JSC, requesting the commission look into the matter.
“In their letter, the JSC said the JA are saying that he has complained to them, that he was walking in Hulhumale’ with his fiancé and police came and handcuffed both of them and basically undressed them by force,” she said.
The police denied the accusations in a public statement.
“The two had to be taken into custody on suspicion of sexual behaviour in a public place as they were at the garbage dump in the south of Hulhumale’ with their pants down,” police said.
Police further denied the allegation that the judge was abused by police and photographed after his pants were forcibly pulled down.
Hilmy told Haveeru following his arrest that he lived in Hulhumale’ and was walking with his fiancé when they were set upon by police.
The judge alleged that police handcuffed him, used obscene language and beat him before photographing him.
Hilmy further alleged that a senior police threatened him at a meeting at civil court and told him they would show him how powerful the police force was.
According to local news reports, Aminath and Hilmy were married soon after the incident and now have child together. The pair are now practicing lawyers at private firms.