The High Court has initiated hearings regarding the appeal of a driver remanded in connection with a fatal accident that occurred near Hulhumalé Central Park.
The incident, involving a speeding sports car and a motorcycle, resulted in the tragic death of a prisons officer.
The collision happened in the early hours of September 6, when 26-year-old Mohamed Visam Siduqee's speeding car crashed into the motorcycle of 23-year-old Hassan Samah from Laamu Atoll, Isdhoo.
Hassan sustained severe head injuries and succumbed shortly after being transported to Hulhumalé Hospital for treatment.
Visam was arrested following the accident and was subsequently remanded by the Hulhumalé Magistrate Court, pending trial.
However, this ruling has been appealed in the High Court, where hearings commenced today.
Arguments Presented in Court
During the hearing, Visam's defense counsel, Nooru-Salaam Abubakr, argued that the accident was not a result of speeding and claimed that the motorcycle was traveling against a one-way street.
Despite police denial of these allegations during the lower court proceedings, Nooru-Salaam asserted they had reasonable grounds to believe otherwise.
He also contended that Visam's arrest depended on the statements given by the police officers involved.
Additionally, Nooru-Salaam questioned the authority of the magistrate court to issue rulings in criminal cases, particularly those related to fatalities.
He urged the High Court to overturn the remand order issued by the lower court.
Prosecutors, in response, maintained that there was no evidence supporting the claim that the deceased was driving against the one-way road.
They argued that the accident resulted from the speeding vehicle and noted that Visam had previously been stopped multiple times for driving without a license.
The prosecution asserted that there was no reason to doubt the police's credibility in the lower court proceedings.
They also emphasized that detainees must be presented to a court in the same island where the arrest occurred, thus justifying Visam's remand in the Hulhumalé Magistrate Court.
The prosecutors concluded their argument by requesting the High Court to uphold the remand order issued by the lower court.
Next Steps
After several rounds of questioning from both sides, the judges' bench concluded today’s hearing.
The judges will deliver their verdict during the next session.
The case is being presided over by High Court judges Hassan Shafeeu, Fathimath Faruheeza, and Abdul Maaniu Hussain, with Judge Shafeeu leading the proceedings.
