The Bar Council of the Maldives has condemned a statement made by Criminal Court Judge Ali Adam, in which he claimed that defense lawyers in serious crime cases are intimidating witnesses, presenting a major challenge to the criminal justice system.
The judge’s concern arose during the trial of the murder of 19-year-old Ibrahim Aagil near MMA, a case where the most important secret witness unexpectedly sent a letter to the court at the last minute requesting that their testimony not be accepted.
In his judgment on the case, Judge Ali Adam expressed concern, stating that in such cases, individuals from the groups the accused belong to, their families, and their defense lawyers variously intimidate witnesses and threaten them with life-threatening harm.
In a press statement issued today, the Bar Council criticized the judge's observation in the judgment, arguing that the statement was directed at defense lawyers working hard in the criminal justice system without being based on any evidence or a specific act committed by the lawyer in that particular case.
The Bar Council believes that creating a negative public perception of defense lawyers, by portraying them as individuals who engage in criminal acts, will negatively impact the justice system and the public's trust in the legal profession. The Council also shared this concern with the Criminal Court today.
The Bar Council stated: "The Bar Council condemns any state authority, court, or general party making such accusations without any evidence, in a manner that the public may understand lawyers to be criminals or parties that commit criminal acts. We also believe that such acts will obstruct the right to a fair trial and lead to a loss of confidence in the justice system."
The Bar Council affirmed that a system is established for submitting complaints regarding lawyers' conduct, in accordance with the Legal Profession Act and the professional code of conduct for lawyers.
The Council noted that there are no barriers to submitting such complaints to the Bar Council, and the Council is currently reviewing and taking action on professional misconduct cases that are submitted. The Bar Council therefore implored all parties to refrain from making baseless accusations directed at individuals working as defense lawyers.