Ahmed Fariyash – sentenced to death after being convicted in murder of a man eight years ago in a brawl which took place in G. A. Vilingili – was set free on Monday after High Court overruled the death sentence issued against him by Juvenile Court. The Court also upheld the death sentence issued against Fathimath Hana in the murder of famous lawyer and author Ahmed Najeeb.
Firash’s case was submitted to appeal last year.
Shihab died on 17 July 2006, three days after the attack, while receiving treatment for his injuries. A total of four individuals had been prosecuted in connection to the case.
In today’s session, the Judges panel said that the case was accepted for appeal based on the nature of and evidence filed with the case, even though the appeal window had expired.
Five witnesses had been submitted as evidence. However, none of them had been able to link Fariyash to the murder. The judge said that testimony of one of the witnesses couldn’t be considered as he was an escaped convict, while the rest of the witness testimony couldn’t be considered as they gave their statements out of court.
All judges presiding over the appeal – Judge Sameer, Judge Abdulla Hameed, Judge Abdul Rauf Ismail, Judge Shujau Usman and Judge Abdulla Didi – supported the decision to overrule the death sentence against him.
Fariyash and Ibrahim Shahum Adam, jailed on terror charges, had escaped jail in 2014. The two were found through a massive operation conducted by Police and MNDF.
Additionally, today, High Court upheld the death penalty verdict issued by Criminal Court on Fathimath Hana in connection to the murder of lawyer Ahmed Najeeb.
The death penalty was issued on July 19, 2012.
Judge Sameer said that Hana has confessed to police during interrogation that Hana and her then-boyfriend Murrath had planned to go to Najeeb’s home to threaten him and coerce money from him one month prior to his murder.
But had later discussed that it would be safer to have Najeeb come to the room they live for rent in Masrooraage under the presence that they needed assistance of a lawyer.
Judge Sameer said that though Hana had said that she gave her statement to police in a state of distress, she had said during trial at Criminal Court that the statement she gave to police was accurate.
He said that confessions made during trial was an official confession of the crime, and that the court did not feel Hana had been coerced when she gave her statement.
He said that though Hana said she had not actually stabbed Najeeb to death but had participated in the events leading up to his death, all involved in a murder – though the killing blow was made by someone else – would be held responsible.
The judge said that Najeeb had been brought to the rented room after Hana called him with her mobile phone and set up the meeting, and that Hana had fully participated in gagging him with a piece of cloth and then taping him.
He said that it was proven beyond doubt that Hana had the intention of premeditated murder, and that Hana would be held responsible along with Murrath.
High Court had also supported the death penalty on her lover Murrath.
High Court overturns death penalty on Fariyash, upholds Hana verdict
