Mohamed Waheed of Maafanu Goalwich, accused of murdering his girl friend’s eight-month old child in June 2009, has been freed by the Criminal Court on the grounds that the Prosecutor General’s Office (PG) failed to prove he committed the crime during the two year long trial.
Judge Abdullah Didi who heard the case concluded today that Waheed refuted the murder charge, while no substantial evidence was provided to the court by PG to prove that Waheed had caused any harm to the child.
The Judge noted that in cases such as this, the prosecutors must prove the alleged party is guilty “beyond reasonable doubt” and since enough evidence was not presented, the court acquitted Waheed.
However, the baby’s mother, Noorzaadha Ali of Addu Atoll Hithadhoo, was sentenced to six months imprisonment in April 2011 for negligence.
Ali was not herself charged with murder, although the court ruled that she was in violation of elements of the Penal Code.
According to local media, the presiding judge said at the time that the suspect had not vaccinated the baby, taken proper care to clean the child, and failed to explain internal and external injuries to her child.
On the basis of these findings, the judge declared that Nooruzaadha had neglected her duties as a mother.
The eight-month-old baby boy died in the intensive care unit of Indira Gandhi Memorial Hospital (IGMH) in June 2009.
Three suspects were arrested in connection with allegations that he had been physically and sexually abused. These suspects included the victim’s mother, then 28; her boyfriend Mohamed Waheed, then 46 and from Male’; and a third man whose identity has not yet been revealed.
Addressing media at the time, Inspector Hamdhoon Rasheed, head of the police investigation unit, said initial test results revealed the baby had extensive injuries. The examination also revealed signs of sexual abuse.
Rasheed said the boy had suffered head and neck injuries, and was covered in scratches. The hospital reported the case to police after Waheed took the baby in for medical care.
Nooruzaadha has a long history of criminal activity, according to both police and the prosecutor general’s office.
She was arrested twice in 2002, once for sexual misconduct and the second time for prostitution, said Deputy Prosecutor General Hussein Shameem.
She was sentenced to eight months house arrest for the first offence, which she breached, and six months imprisonment for the second.
The same year, she was put under house arrest for disobedience of order, which she violated and was fined Rf150 (US$12). In 2006, she was arrested on the same charge and was ordered to spend two months in jail.
In 2004, Nooruzaadha was handed a six-year sentence for possession of drugs and in 2005 and 2007, she was given two 12-year sentences on each occasion for drug possession.
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What the f*&^ is wrong with this country! Who's is going to answer for the dead boy. Beyond reasonable doubt. There has to be a guilty person beyond reasonable doubt for the murder of the boy.
Great Justice System in Maldives. The killer walk free and the mother whose child has been killed goes into jail. What a load of crap judges do we have here. Anni has failed to changed our judges and courts and to bring fair justice to his people.
This is Maldives Justice System. What do we expect
Long "criminal history" of the woman dug out for public viewing and future reference, I notice.
Presumably, the man involved possessed such purity of character, that there was nothing to report?
to @woman,
you know why? because he may not have a record of drug possesion or anything like that... there's a bigger picture here... among us maldivians, specially men, it is very common to half alot of girlfriends even at an old age.. and people dont find it as offensive as drug taking and persay.... but thats a very key point that we neglect. I personally know 6 police/military heavyweights who have a string of gorlfriends and it is known fact among certain social circle and its NOT considered as doing any harm!!!!! this is the fucking mentality of the people. Dont get me wrong im not advocating drug-abuse or things of that nature.... but i think its high we as a society do something about this rising level pedophilia and acts of this nature... could it be that we were always a primitive bunch and that those type of events were was not covered in the media this intensively.???!!!!
i correct my mistake on line 3, it should be 'have'
If only Hilath was a violent drug addicted child molesting murderer, he would be walking free right now.
Ziyan, what has Anni to do with it? You forget the judiciary, legislative and executive are separate powers now. There is an independent body assigned the job of reviewing the work of judges and maintai8ning the integrity of the judicial process and that is called Judicial Service Commission. I suggest you write to them, however doubt you will get a reply. They seem to be happy doing nothing while the criminals in our society are set free by our judges.
@Ziyan on Tue, 27th Dec 2011 9:46 PM
Ofcourse it is the woman who does all the bad things. Men are just innocent, most of the time being lured by the witches.
Mother in Jail. Baby dead. Man is free and now seeks another victim.
Heh Adhaalath. True? Ilyas : You and your followers are white clothed angels from heaven.
"...and failed to explain internal and external injuries to her child." what???
yes its sad that there is no one to account for the babys death since the accused is now acquitted of charges. But we have to understand that it really isnt a judges fault everytime he "sets free" someone. There wasnt enough evidence to prove the fact that the man killed the boy. PG couldnt submit enough evidence. Most probably even in an american court, a sentence couldnt be carried based on circumstantial evidence. the failure here is that we dont have a modern Evidence Act, or Penal code or criminal procedure code that the judge could follow. Go and check out the existing laws they have to follow now. its nowhere near adequate. and what about the quality of forensic investigation that was carried out initially in this case? was it good enough?
and what about this third unnamed person? where is he and what are the charges against him? And does the PG intend to appeal this sentence?
we can all blame the judge but what if, ever, ever an innocent man is sent to jail? do we ever think about that. i'm not talkin about this particular man, but still. justice system should be that no innocent man is convicted.
Notice: Prostituting-Drug selling/taking - Child abusing Mother = BURUGA CLAD so. ALL IS OK.
There is a PG fault in this as well..Knowing the Maldives Justice System and how verdicts are given, it would have been better option to charge with a lesser crime than First Degree Murder and that is something all public prosecutors do. It wud be interesting to know what kind of expert witnesses PG presented to prove the point of Shaken Baby Syndrome, in addition to the medical report. And it wud be more interesting to know if the Judge of the case ever even heard of the term Shaken Baby Syndrome, let alone understand it.This shud be appealed and with a bit more educated judges in the High Court we can only hope that a justice will be delivered to the victim
Hey this is an Islamic country.
The men are above women.
The “F”ing judge think it is bad manner to punish men.
The woman should be punished for her negligence of not asking her lover not murder her baby.
Shame on you this type of “F”ing Islamic judge.
shes wearing a buiruga shes cleansed of all sins!!! 😛