High Court of Maldives ruled today that the transfer of Haleemath Lamha, a former IGMH nurse accused in the murder of Filipino nurse Mary Grace One Pineda, from remand to house arrest was unlawful.
Lamha, who was initially remanded in custody pending the outcome of her trial, was moved to house arrest by the Criminal Court last year due to delays in the proceedings. However, in the most recent hearing, the court decided to proceed with prosecution witness testimonies, followed by the defences' testimony.
The High Court's ruling today said that the Supreme Court had established a precedent that a prolonged trial does not justify releasing an individual from custody if they pose a threat to society.
The verdict further detailed that Lamha's release, which was based on uncertainty of her trial's duration, was in violation of the Supreme Court's decision.
As such, the High Court ruled Lamha's house arrest transfer order null and void. The ruling also said that if the Prosecutor General's Office submits a request within seven days to remand Lamha back to state custody, the Criminal Court would have to decide on the case again.
If convicted, Lamha faces up to six years in prison, and she has already spent three years in remand.
Although Mary's husband Marvin initially claimed that she committed suicide, it was ruled as murder by doctors. Both Lamha and Marvin, who are alleged to have had an affair, stand accused of killing Mary.
Charges against Lamha include:
- Participation in knowingly killing someone
- Unauthorised possession of another party's property
- Carrying out an act which requires authorisation without permission
While both Lamha and Marvin denied the charges, prosecutors submitted a total of 110 pieces of evidence including 74 witnesses.
The prosecution said there was no evidence that Mary committed suicide, noting that Marvin had spoken differently about how Mary died over multiple occasions. The prosecution also said that a scene was created to show that Mary had committed suicide. However, Mary's post-mortem revealed that she died of head and neck injuries they noted.
Lamha, who is facing serious charges in the case, was placed under house arrest while Marvin is still in jail.