The Criminal Court has refused to issue a court order to obtain documents pertaining to the state's two charges against former President Yameen Abdul Gayoom despite the former president's lawyers' request.
Speaking at the hearing today Abdulla Shiyaz, a member of President Yameen's legal team, stated that a letter requesting access to essential documents for the former president's defense was sent on June 30, 2021. Shiyaz claimed that it is impossible to provide appropriate responses to the charges without the documents.
Head of the legal team and former Vice President Dr. Mohamed Jameel Ahmed stated the constitution clearly dictates that the defendant must have access to all resources vital to his defense, which includes the state's documents.
As the constitution guarantees the right to a fair trial, President Yameen's lawyers have requested access to state documents related to the charges, said Dr. Jameel. The defendant must be allowed to obtain all related documents pertaining to such significant criminal charges.
He claimed that the state's charges are not based on documents related to President Yameen, but on the witness statements of those unassociated with Yameen. Therefore, in accordance with the law, a defense cannot be established without access to documents containing the witness statements.
As per Dr. Jameel, the Criminal Procedure Code also mandates the lawyers to be provided the requested documents. He highlighted that the Code dictates that state-protected documents, information know to the state, and other relevant information must be provided.
The state noted that the documents have previously been ruled upon, and state lawyer Senior Prosecutor Aisha Mohamed mentioned past responses to each document. She reiterated that the state was aware that they were not required to provide the previous documents.
The court decided to request an order to obtain the documents. Chief Judge of the Criminal Court Ahmed Shakeel stated that the court would make a decision on the matter, and provide the opportunity for the defense to present the documents if the court rules in favor of granting access to the documents.
During today's hearing, both the state and the defense have presented their evidence. While the state presented compiled oral and documentary evidence, President Yameen's defense presented five pieces of oral evidence and 60 pieces of documentary evidence.
The next hearing on the matter is scheduled for August 22. The judge stated that both parties will be presenting previous findings to the court.