Tag: MP

Niyaz challenges auditor general reappointment clause at High Court

Former Auditor General (AG) Niyaz Ibrahim has requested the High Court to declare the People’s Majlis’ decision to reappoint the AG as unconstitutional.

President Abdulla Yameen yesterday approved Hassan Ziyath as the new AG hours after 59 MPs voted in his favor. The ruling Progressive Party of the Maldives (PPM) had pushed through a surprise amendment to the Audit Act on October 29 requiring the AG be reappointed within 30 days.

Speaking to Minivan News, Niyaz’s lawyer Ibrahim Riffath said Niyaz could not be dismissed half way through his seven year term through an amendment to the Audit Act.

“Article 215 of the Constitution clearly sets the AG’s term to seven years. Niyaz was appointed in May 2011. Further, Article 218 states the AG’s position only becomes vacant if the incumbent resigns or through a no confidence vote by the People’s Majlis,” he explained.

“The Majlis will have to amend the constitution to dismiss him by any other means.”

Niyaz has also requested that the High Court issue an injunction on the enforcement of the new amendment.

According to Riffath, the High Court is yet to make a decision on accepting the case as the matter had been lodged at the Supreme Court as a public interest litigation matter.

The Supreme Court this evening rejected the case. The High Court now has no legal barriers in examining the case, Riffath said.

“This is a very sensitive issue. I hope the High Court expedites a verdict. If the amendment is unconstitutional, as we believe it to be, then the legality of the current auditor general’s actions are questionable.”

Yameen’s appointment of Ziyath for the post has raised controversy as his brother, Abdulla Ziyath was recently implicated in a US$6million corruption scandal alongside tourism minister Ahmed Adeeb.

Niyaz had revealed the corrupt transactions in a special audit report a day after PPM MPs pushed through the Audit Act amendment.

The audit report accused Abdulla Ziyath, the Managing Director of state owned Maldives Marketing and Public Relations Corporation (MMPRC) of illegally pushing through loans worth US$6million from state funds to two private companies owned by Adeeb’s family members.

Adeeb has denied allegations, and accused Niyaz of colluding with MP and former Deputy Speaker of parliament Ahmed Nazim in releasing the audit report. Adeeb suggested Nazim had a personal vendetta against him following his refusal to support Nazim for the Majlis Speakership in May.

The Criminal Court on October 26 withheld Nazim’s passport on allegations of blackmail.

Hassan Ziyath yesterday received cross party support from ruling Progressive Party of the Maldives (PPM), its allies the Maldives Development Alliance (MDA) and Jumhooree Party, as well as the opposition Maldivian Democratic Party (MDP).

MDP MPs including ‘Reeko’ Moosa Manik, Ahmed Marzooq, ‘Rukuma’ Mohamed Abdul Kareem and Ibrahim ‘Mavota’ Shareef voted in favor despite the party previously claiming the amendment was unconstitutional.

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MP Nazim left Maldives on same night travel restrictions were placed

Former Deputy Speaker and Dhiggaru MP Ahmed Nazim reportedly left the Maldives for Malaysia the same night that travel restrictions were placed on him following a Criminal Court order.

Haveeru reported that Nazim left the Maldives last Wednesday night (October 22) while the Criminal Court issued an order to immigration authorities to withhold his passport on the same night at 9.45pm.

Police confirmed that Nazim’s passport has been held but refused to give any further information as to why the passport was held in the first place.

An independent report into the disappearance of Minivan News journalist Ahmed Rilwan also mentioned the Dhiggaru MP’s name, alleging that Nazim had attempted to implicate the tourism minister Ahmed Adeeb in the case.

The report by private UK-based intelligence firm suggested that Nazim had promised to provide a journalist with information linking Adeeb – also deputy leader of the PPM – with corruption if he could be linked to the disappearance of Rilwan.

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Criminal Court rules charges of sending threats to MP Rashad not proven

The Criminal Court has ruled that charges Mohamed Raaif of Henveiru Blue Mead sent death threats to Thulaadhoo constituency MP Nazim Rashad have not been proven.

The case was lodged after Nazim Rashaad received death threats in August 2011.

The court’s ruling reads that based on the fact that Raaif pleaded not guilty, and taking into account witness statements, the court decided that the charges could not be proven.

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MP Jabir in Malaysia for medical treatment

Jailed opposition MP Abdulla Jabir is seeking medical treatment in Malaysia, local media have reported.

The Maldivian Democratic Party (MDP) MP was hospitalised on April 8 after suffering respiratory difficulties. He is currently serving a one year jail sentence for refusal to provide a urine sample to police.

Jabir left the Maldives at 9:15 pm on Friday night without a set return date, the Maldives Correctional Services (MCS) told Minivan News.

Doctors at Indira Gandhi Memorial Hospital (IGMH) recommended Jabir go abroad for an examination of his heart, the MCS told local media. The service is not available in the Maldives, the MCS said.

Jabir was hospitalised for two weeks and transferred back to Maafushi prison on April 22 with a device to facilitate breathing – reportedly obtained from Singapore.

At the time of hospitalisation, the MP’s wife Dhiyana Saeed said Jabir had been born with birth defects which caused a sleep disorder called sleep apnoea. The disorder is characterised by pauses in breathing or instances of shallow or infrequent breathing during sleep.

In a text to MDP parliamentary group members, Dhiyana said at the time: “The pulmonologist who saw him says his previous surgeries for severe sleep apnoea has failed and needs to be admitted.”

In an interview with VNews earlier this month, Dhiyana said doctors had informed her that Jabir’s breathing stopped four times every hour.

Jabir was sentenced to jail in February for failure to provide a urine sample for a drug test during a police raid on the island of Hondaidhoo in November 2012.

A total of 10 people were taken into police custody at the time. Officers alleged they found large amounts of drugs and alcohol upon searching the island.

Seven people, including the MDP MP Hamid Abdul Ghafoor, face separate charges for refusal to provide urine, alcohol possession and cannabis possession. They include former President’s Office Press Secretary Mohamed Zuhair and his wife Mariyam Faiz, the manager of Jabir’s Alidhoo resort Jadhulla Jaleel and son of former Special Envoy to the President Ibrahim Hussein Zaki, Hamdan Zaki.

All seven have accused the police of brutality during their arrest.

The Prosecutor General also charged Jabir for possessing cannabis but the Criminal Court acquitted by the MP citing insufficient evidence.

Charges of alcohol possession remain outstanding, with the last hearing of Jabir and Hamid’s joint trial being suspended due to Jabir’s hospitalisation.

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Kaashidhoo MP Jabir returns to prison after treatment

Maldivian Democratic Party (MDP) MP Abdulla Jabir has been transferred back to prison after receiving treatment for breathing difficulties.

Jabir was admitted to the hospital on April 8, with his wife Dhiyana Saeed at the time telling local media that he was brought to Malé to be treated for respiratory defects with which he had been born.

The Maldives Correctional Services (MCS) has told local media that Jabir was discharged from the hospital yesterday afternoon and was handed to Malé Jail’s medical department.

The Kaashidhoo MP is currently serving a one year sentence for a failure to provide urine to police for testing.

An official from the MCS told local newspapers that Jabir had requested a medical test of his heart but that the service was not available in Indira Gandi Memorial Hospital (IGMH).

He said that the service was now trying to facilitate a way to permit him to go abroad to do the medical test, adding that the MCS would obtain all the medical documents of Jabir before submitting them to the medical board.

Local media has also reported that Jabir was returned to jail with a bilevel positive airway pressure machine – reportedly obtained from Singapore

In a text to MDP parliamentary group members, Dhiyana said: “The pulmonologist who saw him says his previous surgeries for severe sleep apnoea has failed and needs to be admitted.”

Sleep apnoea is a type of sleep disorder characterised by pauses in breathing or instances of shallow or infrequent breathing during sleep.

In an interview with Vnews earlier this month, Dhiyana has said her husband had been in hospital since April 8, revealing that doctors had informed her that Jabir’s breathing stopped four times every hour.

MCS Spokesperson Hassan Zilaal was not responding to calls at time of press.

In February 2014, Jabir was sentenced to jail after being found him guilty of failing to provide a urine sample to police to run a drug test following his arrest on the island of Hondaidhoo in November 2012.

A total of 10 people were taken into police custody on November 16 after police raided and searched Hondaidhoo with a court warrant. Officers alleged they found large amounts of drugs and alcohol upon searching the island.

Seven of the suspects, including the MDP MPs Hamid Abdul Ghafoor and Jabir were among those charged.

At the time, police submitted cases against former SAARC Secretary General and Special Envoy to the former President Ibrahim Hussain Zaki, former President’s Office Press Secretary Mohamed Zuhair and his wife Mariyam Faiz. The manager of Jabir’s resort J Alidhoo Jadhulla Jaleel and Zaki’s son Hamdan Zaki also face charges.

The prosecutor general also charged Jabir for possessing cannabis before he was acquitted by the court on the grounds that there was not enough evidence to prove that he was in possession of cannabis when detained by police.

Charges of alcohol possession remain outstanding, with the last hearing of Jabir and Hamid’s joint trial being suspended due to Jabir’s hospitalisation.

Following the ‘Hondaidhoo’ incident the Prosecutor General has also charged Jabir for possessing alcohol. The trial of the case still continues in the Criminal Court.

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High Court supports lower court decision to continue Alhan’s lawsuit against MDP

The High Court has today ruled that the Civil Court does have the jurisdiction to preside over a lawsuit filed by Maldivian Democratic Party (MDP) MP Alhan Fahmy against his party.

Feydhoo MP Alhan is seeking the annulment of the opposition party’s primary for the Feydhoo constituency in Addu City.

Speaking to Minivan News today, Alhan said there were two cases related to the lawsuit filed at the Civil Court being reviewed in the High Court, and that the court had today concluded one case while he had withdrawn the other.

The case concluded today was the appeal by the MDP claiming that the Civil Court could not proceed because Alhan had not completed all the internal party procedures, such as appealing at the party’s appeal committee.

”During the hearings held in the Civil Court, I requested the court to issue a warrant to temporarily invalidate the candidacy of the person who won the MDP primary and the court said that it did not have the jurisdiction to do so and that the High Court will have the jurisdiction to issue such an injunction,’’ Alhan said.

“So I filed a case with the High Court on March 6 and 11 days later the court held a hearing and I told the court that now it was too late to issue the injunction and that I wished to withdraw the case.’’

Alhan said that the case going on in the Civil Court has almost reached an end and that during the next hearing the court would deliver a verdict.

Shortly after announcing his decision to contest the primary result, Alhan was stabbed in Malé while at the Breakwater cafe in the artificial beach area. During the attack, Alhan received stab wounds to the back and was quickly flown to Sri Lanka for spinal surgery.

When Minivan News inquired about his condition he said that his left leg was still paralysed and that he now has to use a walking stick.

“Doctors say it will take six or seven months to recover, I have been doing physiotherapy,’’ he said.

Alhan has had a chequered recent past with the MDP, rejoining the party in June last year after an apparently acrimonious departure in April of the previous year.

Then party vice president, Alhan was ejected – alongside then party President Dr Ibrahim Didi – after the pair publicly questioned the party’s official interpretation of the February 7 ousting of President Mohamed Nasheed.

The Feydhoo MP subsequently organised a rally – sparsely attended – calling for the freeing of the MDP from its talismanic leader Nasheed. Alhan’s soon joined the government-aligned Jumhooree Party,

Alhan was initially elected to parliament on a Dhivehi Rayithunge Party (DRP) ticket, making him one of the few MPs to have been a member of almost every major political party represented in parliament, barring the DRP’s splinter party, the Progressive Party of the Maldives (PPM).

He was dismissed from the DRP in 2010 for breaking the party’s whip line in a no-confidence vote against then Foreign Minister, Dr Ahmed Shaheed

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Vandals attack campaign offices of Majlis speaker

Speaker of the People’s Majlis and MP for Keyodhoo constituency Abdulla Shahid has today condemned an attack on his office, following the news that two campaign offices had been vandalised in the early hours of the morning.

“It was more than damage, it was an attempt to intimidate,” Shahid told Minivan News, declaring that he “would not back down” in the face of “intimidation”.

Police have confirmed that two attacks that took place in the early hours of this morning (March 13).

Speaking with Minivan News, Shahid confirmed that he was awoken at around 4am by supporters saying that there had “been some damage to the office”.

“It looked like it had been a big piece of rock damaging the class panel, and caused considerable damage,” explained Shahid.

A police statement reveals that as well as vandalism carried out at Shahid’s campaign hall, the campaign offices of Machchangoalhi Dhekunu constituency candidate Hassan Mamdhooh.

Shahid is campaigning for the 18th Majlis on a Maldivian Democratic Party ticket, while Mamdhooh is running as an independent.

The police said they are investigating the matter, but that no suspects have been arrested.

Shahid suggested that the perpetrators were intending to “intimidate the public. They want to send a message to the people that politics is violent, politics is not safe, a message to the public to lay off politics.”

Earlier this week, Shahid’s name appeared on a letter sent to the chief justice and attorney general, stating that the recent dismissal of the president and vice president of the Elections Commission (EC) was contrary to the constitutional procedures which reserved such powers for the Majlis.

The letter – also signed by Deputy Speaker Ahmed Nazim – was based on legal advice from the parliament’s consul general after an analysis of the Supreme Court’s verdict.

Currently, the vacant seats in the EC are being filled in an effort to keep the parliamentary elections timely. So far, parliament has approved Ismail Habeeb Abdul Raheem to replace former commission member Ibrahim ‘Ogaru’ Waheed.

When asked about the parliamentary elections, Shahid remarked: “I’m hoping against hope that it will happen,”  adding that any more delays in the elections “will destroy the democratic process of the country”.

He finished by stating that the political system will only work when there is a “peaceful environment” in which it can flourish.


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MDA Leader ‘Sun’ Shiyam denies alcohol smuggling charges in court

Maldives Development Alliance (MDA) leader Ahmed ‘Sun’ Shiyam has denied the charges of alcohol possession before the Criminal Court.

The prominent businessman and MP for Dhaalu Meedhoo constituency was allegedly with the illegal bottle of liquor by customs official on his arrival airport on his arrival in Malé in March 2012.

Lawyers from the Prosecutor General’s Office told the court that when customs officers searched his luggage, officers discovered the bottle inside before running tests on its contents. The PG’s Office announced it was pressing charges against Shiyam for possession of alcohol and smuggling alcohol into the country.

Shiyam denied the charges and his lawyer requested that the court give him more time to research the case before the next hearing on April 10.

Newspaper ‘Haveeru’ reported that Shiyam was brought to court by police in compliance with an arrest warrant issued after the MP had failed to comply with the court summons.

According to Haveeru, Shiyam was kept in the guest area of the court – unlike other suspects brought to court – and unlike other MPs under the same circumstances.

Online newspaper Sun Online – run by a company owned by Shiyam – today quoted Shiyam’s legal team saying that it was a set-up to destroy the MP’s reputation.

His legal team told Sun that Shiyam was the owner of many resorts and there was no reason Shiyam should try to bring in an alcohol bottle from abroad. Shiyam was not hiding from the courts and will fully obey all laws, Sun was informed.

The Criminal Court last week ordered the police to arrest and summon both Shiyam and Maldivian Democratic Party (MDP) former Special Envoy to President Mohamed Nasheed, Ibrahim Hussein Zaki.

Zaki is facing trial after he was arrested from the island of Hondaidhoo in Haa Dhaalu Atoll while he was allegedly in possession of cannabis and alcohol in November 2012.

The speedy prosecution of MDP members in relation to the Hondaidhoo incident – in comparison to delays in the Shiyam case – was highlighted by Nasheed last October as his party filed a no-confidence motion against then Prosecutor General Ahmed Muiz.

On October 31, 2013, the Criminal Court sentenced MDP MP Hamid Abdul Ghafoor to six months for contempt of court after he refused to comply with court summons – though the charge was later overturned in the High Court.

On February 20, MDP MP Abdulla Jabir was sentenced by the Criminal Court to one year for refusing to provide a urine sample to police to run a drug test.

Both Hamed and Jabir’s prosecution were in relation to the November 2012 Hondaidhoo raid.

Police have informed the court today that they were unable to arrest Zaki as he was abroad.

The penalty for alcohol possession in the penal code is either a fine of between MVR1,000 to MVR3,000 or imprisonment, banishment, or house arrest for up to three years.

Shiyam’s MDA formed an alliance with the Progressive Party of Maldives (PPM) in August, 2013, to back the eventual winner of the presidential election, Abdulla Yameen.

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Criminal Court acquits MDP MP Jabir of cannabis possession charges

The Criminal Court has ruled that the Maldivian Democratic Party (MDP) MP Abdulla Jabir was not guilty of possessing cannabis when police raided his uninhabited island – Hondaidhoo in Haa Alifu atoll – in November 2012.

Jabir is currently in Malé jail after the court sentenced him to twelve months after finding him guilty of refusing to provide a urine sample for police to run a drug test.

A total of 10 people were taken into police custody on November 16 after police raided and searched Hondaidhoo with a court warrant. Officers alleged they found large amounts of “suspected” drugs and alcohol upon searching the island.

Seven of the suspects, including the MDP MPs Hamid Abdul Ghafoor and Jabir were among those charged.

At the time, police submitted cases against former SAARC Secretary General and Special Envoy to the former President Ibrahim Hussain Zaki, former President’s Office Press Secretary Mohamed Zuhair and his wife Mariyam Faiz. The manager of Jabir’s resort J Alidhoo Jadhulla Jaleel and Zaki’s son Hamdan Zaki also face charges.

Yesterday Jabir’s legal team appealed his recent conviction at the High Court, claiming that the trial had violated the MP’s constitutional rights.

Meanwhile, Jabir is still facing as additional trial for possession of alcohol relating to the Hondaidhoo incident.

According to the constitution, any additional time added to Jabir’s sentence will result in the MP being stripped off his seat in parliament and barred from running in the upcoming parliamentary election. After surviving disciplinary proceedings within the party, Jabir had been scheduled to re-contest his Kaashidhoo seat next month.

Article 73 of the constitution states that a person shall be disqualified from election as a member of the People’s Majlis – or a member of the People’s Majlis immediately becomes disqualified – if he has been convicted of a criminal offence and is serving a sentence of more than twelve months.

Additionally, the same article states that if a person has been convicted of a criminal offence and sentenced to a term of more than twelve months – unless a period of three years has elapsed since his release – or he has been pardoned for the offence for which he was sentenced, he will also be disqualified.

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