The Supreme Court has ordered the rearrest of Abdulatheef Mohamed, a businessman who was last year charged with drug trafficking after police discovered more than one kilogram of illegal narcotics inside his car, but was found innocent by the Criminal Court last week due to lack of evidence.
The Prosecutor General has appealed at the High Court claiming that the Criminal Court’s verdict was unfair.
Delivering the verdict last week, the Criminal Court said the Prosecutor General had been unable to prove that Abdulatheef and another businessman, Hassan Ali, were guilty of drug trafficking, due to lack of evidence and witnesses presented to the court.
The court also claimed that no evidence was presented to the court suggesting that the illegal narcotics were imported with the knowledge of both Hassan and Abdulatheef. The Criminal Court then ruled that there was no reason to suspect that Abdulatheef and Hassan had an intention to traffic drugs, and freed the pair.
In May, the Criminal Court summoned and ordered the release of Abdulatheef a day after the High Court invalidated a letter sent by the Criminal Court to the police instructing them to release him to house arrest.
The Criminal Court first asked police to keep Abdulatheef, of Gnaviyani Atoll Fuvamulah, in detention as determined by the Home Ministry, until his trial reached a conclusion. However the Criminal Court later sent a letter to the police changing the court’s first decision and asking police to move him to house arrest.
The police then appealed at the High Court seeking for the letter to be invalidated. The High Court judges determined that the order in the letter was not consistent with the applicable laws concerning detention, and overruled it.
The Prosecutor General at the time appealed at the High Court challenging the Criminal Court’s ordering the release of Abdulatheef.
However, the High Court bench ruled that the order of release was lawful and that judges had the authority to order the release of suspects.