The High Court has overturned a decision by a southern island’s Magistrate Court to release a man accused of sexually assaulting a minor, ruling that the lower court’s justification, a server malfunction that delayed proceedings, was not a lawful basis for release.
The case involves an eight‑year‑old girl, with the accused being a family member. He is charged with child sexual assault and possession of pornography. Because the case involves a minor, hearings were held behind closed doors.
The suspect was initially remanded for 30 days. He was released after the remand period expired when he was brought before the Magistrate Court for an extension. The court granted his request for release, citing delays caused by a two‑month disruption to the court’s server system and limited resources that hindered the trial.
Protesters hold an anti-rape rally in Male' City on June 29, 2020. (File Photo/Sun/Fayaz Moosa)
Prosecutors appealed the decision, arguing that a court’s administrative difficulties cannot be grounds to release a suspect in a serious child protection case.
The High Court bench, Justices Huzaifa Mohamed, Fathimath Farheeza and Abdullah Jameel Moosa, ruled that individuals charged under the Special Procedures for Child Sexual Offenders Act fall within the category of suspects who may influence witnesses, conceal evidence, or pose a threat to society under Article 49 of the Constitution. As such, the law permits continued remand until the conclusion of the trial.
The High Court quashed the Magistrate Court’s order and reinstated the suspect’s custody.