High Court, citing lateness, rejects murder acquittal appeal

The High Court has rejected an appeal filed by the state over the criminal court’s acquittal of a man accused of killing his girlfriend, stuffing her body into a suitcase, and dumping it at a construction site in Malé.

The appellate court’s registrar rejected the appeal because it was filed after a shortened ten-day appeal period.

The Prosecutor General’s Office has blamed the delay on the criminal court’s failure to provide required court documents on time.

The Supreme Court in January shortened the 90-day appeal period to 10 days by striking down a provision in the Judicature Act.

The PG office says it plans to contest the registrar’s decision.

“We filed the appeal within 10 days of receiving court documents from the criminal court. We hope the High Court will accept this case given its sensitive nature,” said public prosecutor Ahmed Hisham Wajeeh.

The criminal court in May ruled that the state had failed to submit conclusive evidence against Mohamed Najah.

Delivering a verdict five years after the murder trial began, chief judge Abdulla Mohamed said Najah had denied charges and that testimony by the prosecution’s witnesses did not indicate Najah had committed any acts to murder Mariyam Sheereen.

The 30-year-old woman’s body was found hidden under a pile of sandbags in a construction site in January 2010. Najah was accused of taking the suitcase to the vacant building in a taxi.

Police showed CCTV footage of Najah dragging the suitcase and said that the DNA samples from the bag matched Sheereen’s. The driver of the taxi that Najah took also testified at the trial.

The couple were living together in an apartment in Maafannu Kurahage. Witnesses had testified to hearing Najah threaten to kill Sheereen and told the court that she was last seen entering the apartment on the night she went missing.

Prosecutors told the court that Najah had entered and left the apartment several times, locking the door each time, and was later seen leaving with a suitcase.

Judge Abdulla, however, said that the taxi driver had only said he had transported Najah with a heavy suitcase and had said that he had smelled a foul scent only after Najah left the cab.

The three doctors who examined Sheereen’s had not been able to determine the cause of death, he noted.

The chief judge has been accused by the opposition of corruption and bribery. Charges have never been proved. Former President Mohamed Nasheed – who was found guilty of terrorism charges over the military’s detention of judge Abdulla in January 2012 – had said the judge was suspected of involvement in a “contract killing.”

Nasheed’s lawyers say they were unable to file an appeal of his 13-year-jail term because the criminal court had failed to provide court documents on time. The government, however, insists the opposition leader can still appeal.

A High Court official previously told Minivan News that judges can accept late appeals if a reasonable justification is given, such as the lower court’s failure to provide detailed reports.

But Nasheed’s lawyers say there is no legal avenue to file an appeal, because the Supreme Court has removed the High Court’s discretionary powers to accept late appeals in the same ruling that had shortened the 90-day appeal period.

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Suspect accused of stuffing murdered girlfriend into suitcase acquitted

The criminal court has acquitted the chief suspect in the murder of Mariyam Sheereen in January 2010, citing insufficient evidence.

Mohamed Najah was accused of killing his girlfriend, stuffing her body into a suitcase, and dumping it at a construction site in Malé.

Almost five years after the murder trial began, chief judge Abdulla Mohamed said in the verdict delivered today that in addition Najah denying the charges, the state had failed to submit conclusive evidence.

The three doctors who examined Sheereen’s body had not been able to determine the cause of death, he noted, and said there was no written evidence of the doctors’ suggestion to conduct a postmortem.

None of the prosecution’s witnesses had testified to Najah committing any act to murder Sheereen, the verdict stated.

The 30-year-old woman’s body was found hidden under a pile of sandbags in a construction site on January 3, 2010 by a Bangladeshi worker.

Police said the body was found 36 hours after her death. Najah was accused of taking the suitcase to the vacant building in a taxi.

The driver of the taxi that Najah took also testified at the trial.

Police showed CCTV footage from January 2 of Najah dragging the suitcase and testified that DNA samples from the bag matched Sheereen’s.

The couple were living together in an apartment in Maafanu Kurahaage.

Witnesses also testified to hearing Najah threatening to kill Sheereen and told the court that she was last seen entering the apartment on the night she went missing.

Prosecutors told the court that Najah had come out several times, locking the door each time, and was later seen leaving with a suitcase.

Judge Abdulla said that the taxi driver had only said that he transported Najah with a heavy suitcase and that he smelled a foul scent only after Najah had left the cab.

The chief judge has been accused by the opposition of corruption and bribery. Former president Mohamed Nasheed – who was found guilty of terrorism charges over the military’s detention of judge Abdulla in January 2012 – had said the judge was suspected of involvement in a “contract killing.”

If he had been found guilty, Najah would have faced the death penalty.

Sheereen’s heirs had told the court that they no objection to Najah’s execution if he was found guilty.

Najah has been previously sentenced to 10 years imprisonment on drug abuse charges in January 2009.

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Criminal Court concludes hearings in to murder of Sheereen

The Criminal Court has concluded hearings into the trial of Ahmed Najah who stands accused of murdering his girlfriend Mariyam Sheereen of Laamu Gan ‘Thundi’ Ward in 2010.

During the last hearing of the case yesterday (March 25) the Criminal Court’s Chief Judge Abdulla Mohamed took the concluding statements from both Prosecutor General’s (PG) Office lawyers and Najah himself.

Local newspapers reported that Judge Abdulla Mohamed announced that a verdict will be reached in April.

Speaking at the court, the PG’s lawyer said that witness statements reveal that Najah had threatened to kill his girlfriend, and that the last time anyone saw Sheereen alive was when she entered Najah’s room on the same night she was reported missing.

State lawyers told the court that Najah had come out of the room several times, locking the door each time.

There was an unpleasant smell coming from Najah’s room after Sheereen disappeared and later he was seen leaving the room carrying a suitcase, the state lawyers told the judges.

According to the state lawyer, they have obtained video footage showing a man wearing slippers of the kind that Najah wore carrying a suitcase.

The lawyer also said that the witness statements prove that Najah took a taxi to the building where Sheereen’s body was found.

Furthermore, state lawyers told the court that the suitcase was found to have DNA samples matching Sheereen’s and all the evidence and witnesses collected were enough to rule that Najah was guilty of murdering Sheereen.

Najah’s defense lawyer, however, told the judges that just because no one saw Sheereen leaving Najah’s room that night it did not prove that she did not leave the room that night.

Najah’s lawyer said that the unpleasant smell reported by witnesses had come from a towel.

He noted that the doctors were unable to tell exactly how Sheereen was murdered and that Islamic Fiqh Academies had advised that DNA tests be run using independent laboratories.

He also said that DNA test reports could not be used to prove a murder case.

Sheereen was reported missing on 31 December 2009 by her family and on January 4, 2010, her body was discovered by a construction worker at Maafanu Angaagirige – a house under construction – hidden under a pile of sand bags.

In August 2010, Deputy Prosecutor General Hussain Shameem raised murder charges against Najah in court and presented two witnesses – a taxi driver and a person who lived in the same apartment.

Police allege that Najah murdered Sheereen in the apartment in which they both lived, before putting her body into a 2.5 foot-long suitcase and transporting it to the construction site by taxi cab.

Shameem presented a man identified as Haneef who lived in the same apartment with Sheereen and Najah as a witness, and also the taxi driver who carried the suitcase subsequently found to have contained Sheereen’s body.

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Sheereen’s body put in suitcase for transport by taxi

Following the death of Mariyam Sheereen her body was put into a small suitcase and transported to a construction site by taxi cab, the Maldives Police Service have claimed.

“We have found the suitcase and there is evidence in there that shows it once held Sheereen’s body,” Inspector Hamdhoon Rasheed told a press conference late today.

“The taxi driver had no knowledge that he was carrying a body in his boot.”

Thirty year-old Sheereen, of Laamu Gan, was found dead in a construction site in Male’ on 3 January by a Bangladeshi labourer.

“We can confirm that the body was found 36 hours after death, but we don’t believe she was [in the construction site] for that time,” Rasheed said.

Asked how the 4 foot 9 inch Sheereen could have fitted into the 2.5 foot long suitcase, Rasheed replied that “there were no bones broken in her body, but our investigations have shown that after death it is possible to fit a body into a small suitcase such as this.”

The Maldives Police Service have also confirmed that the man arrested in relation to the death of Mariyam Sheereen death was her boyfriend, 30 year-old Mohamed Najah of Laamu Kalhaidhoo, Ocean Villa (pictured).

Rasheed said that Najah was maintaining his innocence and was cooperating with police.

Police are still investigating the case and no other suspects have been arrested so far.

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Tenant last to see Sheereen alive, say family

The last person to see 30 year-old Mariyam Sheereen alive on Thursday night was an islander of Laamu Mundhoo who rents an apartment in the same house, one of Sheereen’s family members has claimed.

Sheereen was found dead on Sunday night under a pile of sand bags at a construction site in Male’.

Speaking to Minivan News on the condition of anonymity, the family member said Sheereen came to visit her mother at around 8pm on Thursday night.

“She said her SIM [card] wasn’t working, so I gave her a new one and asked her to return it on Friday,” said the relative. “Her mother told me she called her boyfriend before going out and argued with him.”

Sheereen left at around 9pm and that, the relative said, was the last time her family saw her.

Originally from Laamu Mundhoo, Sheereen moved to Laamu Gan with her mother and children, after the island was devastated in the tsunami.

Before her death, she had been living in a rented house in Male’ with one of her children.

The relative said she was seen with her boyfriend later that night by a family friend, while a friend of her mother’s saw the two of them in her rented room on New Year’s Eve.

Police said yesterday that Sheereen’s body was found by a Bangladeshi labourer on Sunday at Maafanu Angaagiri, under a pile of sandbags. The family was called to identify Sheereen two days after they filed a missing person’s report.

Arrest

Police further revealed that a man had been taken into custody in connection with the suspected murder.

The relative said the Mundhoo man and Sheereen’s landlord knocked on her door on Friday morning as her slippers were outside, but there was no answer.

On Friday afternoon, her mother called her boyfriend and asked the landlord to open her apartment.

They found her handbag and the clothes she was wearing on Thursday night, and reported her as missing to the police.

According to the relative, police have since arrested Sheereen’s boyfriend, a man from Laamu atoll Kalhaidhoo.

The relationship was marred by a history of abuse, the relative continued, and Sheereen was once hospitalised in Laamu Gan regional hospital after he had severely beaten her.

Police would not confirm the identity of the man arrested.

Asked if the case was being treated as a murder investigation, Sergeant Ahmed Shiyam from the Maldives Police Service said “we cannot give any details yet of the case, but all we can say is that [the suspect] has been brought in because we suspect him of being linked.”

Reaction

Mohamed Zuhair, the president’s press secretary, condemned the case as “horrific”.

“The president is very concerned about this alleged murder, and calls on the members of the public to assist the police in anyway they can,” Zuhair said.

The president’s office has been in close contact with the police commissioner, he added: “We have received information that the body was discovered 72 hours after death.”

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