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High Court upholds conditional release of youth accused of assaulting police in Maafushi

K. Maafushi: According to the audit report, the financial statement and actual records of the council showed a difference of MVR 13 million for 2021. (Sun Photo: Mohamed Muzayyin Nazim)

The High Court has ruled that there is no legal basis to quash the Maafushi Magistrate Court’s decision to release Mohamed Shabin Shujau of Heaven, K. Maafushi, on conditions.

The case stems from an incident on August 11 near Maafushi Watersports. According to police, Shabin and several others allegedly assaulted officers and obstructed police duty when officers attempted to search him on suspicion of drug possession and use. Two officers sustained physical injuries, as confirmed in the medico-legal report.

Shabin was subsequently brought before the Maafushi Magistrate Court for a remand decision. The court found no circumstances requiring pretrial detention and released him on strict conditions, including a night-time curfew, a prohibition on forming groups, and full cooperation with the investigation.

The Prosecutor General’s Office appealed the order, arguing that the Magistrate Court failed to provide adequate reasoning and that releasing a suspect accused of assaulting police posed risks to community safety and could influence witnesses.

K. Maafushi. (Photo/Tripexcel)

However, the High Court’s majority dismissed the appeal. Justices Abdul Maniu Hussain and Ismail Shafeeu noted that Shabin is an 18-year-old with no criminal record and is not accused of a serious offence under the law. The majority held that pretrial detention is an exceptional measure and that the prosecution failed to demonstrate any grave legal error in the lower court’s exercise of discretion.

Justice Hassan Shafeeu dissented, stating that the Magistrate Court’s order lacked clear reasoning and should therefore be quashed.

With the majority opinion prevailing, the High Court upheld the Maafushi Magistrate Court’s decision and dismissed the appeal.

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