A man accused of breaking into a mobile phone shop in Malé and stealing phones, tablets and cash has been acquitted after the Criminal Court ruled that the evidence presented by the State was insufficient to prove his involvement beyond reasonable doubt.
The accused, Hassan Shaan of H. Fenthilaa, was arrested in connection with a burglary at a mobile phone shop on Maaveyo Magu, which occurred at around 3:30 a.m. on October 11 last year.
According to the prosecution, the suspect entered the shop by damaging a bathroom skylight on the first floor and stealing several items. These included seven mobile phones of different Samsung and Nokia models, three Huawei MatePad tablets and MVR 2,000 in cash kept in a wallet.
The Prosecutor General’s Office charged Shaan with theft and damaging property. He denied both charges.
The State’s case primarily relied on CCTV footage from the shop and a forensic fingerprint examination. Police testimony confirmed that CCTV footage showed an individual entering the premises. However, the person had their face covered, and the shop was dark, making identification difficult. Consequently, no video analysis report identifying the individual was produced.
A forensic report submitted by the prosecution found that a fingerprint recovered from the outside of a cardboard box inside the shop’s office area matched Shaan’s right index finger.
However, in the ruling, Judge Ibrahim Zihune noted that the fingerprint was recovered from a movable cardboard box that could easily be carried from one place to another. The State had failed to establish when the box was brought into the shop or who had placed it there.
The court further noted that the prosecution had not established whether anyone else had handled the box after it was brought into the premises. As a result, it could not be confirmed that Shaan had touched the box on the night of the burglary.
The ruling also highlighted that, although the fingerprint matched information in the police database, a fingerprint recovered from a movable object alone was insufficient to establish criminal responsibility beyond reasonable doubt.
Consequently, the court ruled that the State had failed to prove the theft and property damage charges beyond reasonable doubt, as required under Article 51(a) of the Constitution of the Maldives, and acquitted Shaan of both charges.
Shaan has previously been arrested in connection with allegations of conducting business using fraudulent bank slips and stealing engine parts.
