Majlis disrupted over Tourism Ministry corruption allegations

Today’s sitting of parliament was disrupted by ruling Progressive Party of Maldives (PPM) MPs during minister’s question time after opposition Maldivian Democratic Party (MDP) MP Ali Azim suggested that the Tourism Ministry was widely perceived as corrupt.

In a followup question posed to Tourism Minister Ahmed Adeeb, MP Azim asked whether corruption at the ministry was stalling mid-market tourism development in Addu City, prompting yelling and screaming from pro-government MPs.

In the ensuing disorder, MPs sprang from their seats and acrimonious arguments broke out between pro-government and opposition MPs, forcing Speaker Abdulla Maseeh Mohamed to adjourn proceedings less than 15 minutes after they had begun.

However, unlike yesterday’s sitting – which was eventually cancelled after disruption forced a halt in the morning session – today’s sitting resumed at 11:30am and preliminary debate began on government-sponsored amendments to the Child Protection Act.

When the sitting resumed with Deputy Speaker Moosa Manik presiding, MDP MPs raised several points of order objecting to being denied the opportunity to question the minister.

As the ruling coalition had majorities on government oversight committees, MDP MP Rozaina Adam noted that the opposition party could not summon ministers for questioning at committee, leaving the 30-minute minister’s question time at sittings the only avenue to hold the executive accountable.

MDP MPs accused pro-government MPs of deliberately disrupting proceedings to prevent opposition MPs posing questions to the minister.

Deputy Speaker Moosa Manik, however, ruled that the minister’s question time had elapsed and urged MPs to allow the sitting to proceed.

Tourism in Addu City

Tourism Minister Adeeb was summoned to today’s sitting to answer a question tabled by MDP MP for Addu Maradhoo, Ibrahim Shareef, regarding plans for developing guest houses and infrastructure in the southernmost atoll.

In response, Adeeb said Addu City would have 5,000 tourist beds at the end of the current administration’s five-year term, which would ensure development of the whole atoll.

Addu City would be part of the first special economic zone (SEZ) created by the government’s flagship legislation currently before parliament, Adeeb added, which would also include Gaaf Alif, Gaaf Dhaal and Fuvahmulah.

“So when the development plan comes through [the SEZ], we see that Addu City will be the gateway for the whole [southern] region,” he said.

Adeeb argued that SEZs with tax exemptions and other incentives for investors were necessary to develop the Maldives, suggesting that policies were needed to make other regions of the country more attractive to potential investors.

Investors could not be drawn with the current rate of US$8 per square meter to lease state-owned land for tourism development, he added, noting that the area around the Equatorial Convention Centre also required foreign investment.

Investors “would surely come” if they were offered “tax breaks” for five or ten years to invest in SEZs, Adeeb suggested.

The tourism minister also declared support for the guest house tourism initiative undertaken by the opposition-controlled Addu City Council.

Development of resorts in uninhabited islands and plots of land “in the periphery” would provide sources of liquor and water sports to guests, he said.

The number of tourism beds in Addu City is currently 1,094.

Adeeb told Minivan News last month that contrary to criticism of the SEZ bill, one of the objectives of the legislation was to develop tourism outside the central atolls or the ‘seaplane zone’.

“Even you see even President Nasheed’s guest houses, it’s getting centralised in Malé because it’s more feasible here,” he explained.

“I believe that by doing the SEZ Act, we will bring the investment to these regions and this is the real decentralisation of investments.”

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MNDF storms Majlis arrests MP Ali Azim

The Maldives National Defense Forces (MNDF) has stormed the People’s Majlis and arrested Maldivian Democratic Party (MDP) MP Ali Azim today after the Supreme Court stripped Azim and Dhivehi Rayyithunge Party (DRP) MP Mohamed Nashiz of their parliamentary seats over decreed debt on Thursday (October 24).

The Parliamentary Privileges Committee, in a statement on Friday, said they do not accept the Supreme Court’s “politically motivated” verdict as it was issued in contravention of the Supreme Court’s procedures.

Lines of grey clad security officers with their arms intertwined blocked the main entrance to the Majlis this morning ahead of an extraordinary session scheduled to discuss interim arrangements should a president-elect not be determined at the end of the current presidential term on November 11.

The security officers refused to allow Azim entry as MDP MPs advocated in support of Azim. The MP for Malé signed the Majlis attendance roster despite the officers’ attempts to block him. Shortly afterwards at approximately 10:00 am, fifteen combat clad soldiers arrived at the Majlis, stormed the building, surrounded Azim and removed him from the Majlis premises.

In the ensuing scuffle, DRP MP Mohamed ‘Colonel’ Nasheed was pushed to the floor. The MNDF then turned Azim over to a waiting police can outside the Majlis gates. Government aligned MPs cheered the MNDF’s actions.

A statement released by the MNDF this morning read: “We have handed over Ali Azim to the Maldives Police Services after he assaulted security officers at the People’s Majlis and disobeyed officer’s orders. The Supreme Court has stripped Ali Azim of his seat.”

This morning’s statement contradicts a statement issued last night in which the MNDF said its role was to oversee security at the Majlis, not to determine who can enter its premises.

“The Maldives National Defense Forces are mandated with overseeing People’s Majlis security. It is People’s Majlis Speaker who decides those who can enter the building,” the statement said.

The parliamentary regulations also state the Majlis premises are controlled by the Majlis Speaker. Article 4 of parliamentary regulations read: “Unless otherwise explicitly stated in the Constitution or laws, the Majlis building, hall, the pathways and corridors leading to the hall within the Majlis premises and the Majlis courtyard is under the control and orders of the Majlis Speaker.”

According to MDP parliamentary group leader Ibrahim ‘Ibu’ Mohamed Solih, the Speaker had sent a letter to the MNDF stating that Azim can enter the Majlis, but had not been able to reach the Chief of Defense Forces following the letter.

Suspension invalid

The Parliamentary Privileges Committee, in its Friday statement, said that Azim and Nashiz’s parliamentary membership continues despite the Supreme Court ruling.

“The parliamentary privileges committee, at its 21st sitting, has decided that the Supreme Court’s stripping seats of MPs Ali Azim and Mohamed Nashiz is invalid and their seats are not vacant and their parliamentary membership continues,” the statement said.

The committee expressed concern over the verdict saying, “Hearings in the case were concluded over a year ago, but the case was fast tracked and a sentence was issued in absentia. This is a politically motivated act to obstruct the no-confidence motions scheduled against a cabinet minister.”

“We believe the ruling violates the Supreme Court’s procedures. One Supreme Court Justice had received the statements the day before and has asked for a delay until Monday to research the case and prepare an opinion. But he was not given the opportunity to do and the ruling was issued without his opinion,” the statement read.

The Supreme Court case was filed in November 2012 by Mohamed Haleem, a member of the Jumhooree Party’s (JP’s) legal committee. The last hearing of the case took place almost a year ago.

Haleem contended that the MPs should be removed from parliament following a Civil Court judgment in February 2010 involving non-payment of five credit facilities worth MVR117 million (US$9 million) issued to Funadoo Tuna Products by the Bank of Maldives (BML), for which the pair had signed as loan guarantors.

As the lower court judgment was subsequently upheld by the High Court, the Civil Court in 2012 authorised BML to seize the assets mortgaged for the loans, which included Funadoo island, a yacht, and the Reethi Beach Resort.

While the majority Supreme Court verdict held that mortgaged assets was not cause for disregarding a judgment to settle the debt, Chief Justice Faiz ruled that the guarantors would only have to bear responsibility if the debt could not be settled by selling the mortgaged assets.

Arrested for assault

Azim, MP for mid-Henveiru, joined the MDP from the government-aligned DRP in June this year.

Nashiz, MP for Raa Alifushi, is a half-brother of DRP Leader Ahmed Thasmeen Ali and husband of the party’s deputy leader MP Rozaina Adam. Following the annulled first round of the presidential election on September 7, the DRP decided to back MDP presidential candidate and former President Mohamed Nasheed.

Rozaina has released a Civil Court letter on twitter stating that Nashiz has no decreed debt.

With the provisional support of 10 DRP MPs, the MDP had gained a majority of the 77-member parliament – the MDP had 34 seats.

The police have confirmed Azim’s arrest and said they are investigating an “individual for forcibly entering the Majlis premises, attacking officers and disobeying soldier’s orders” at the request of the MNDF.

Speaking to local broadcaster Raajje TV, Azim’s lawyer said the MP is being charged with assault and is currently being treated at the hospital for injuries sustained during his arrest.

The MDP has condemned Azim’s arrest and said “We condemn in the strongest terms, the security force’s attack on parliament members and attempt to dishonor the Majlis.”

The party has called on the Prosecutor General Ahmed Muizz to launch an investigation immediately.

Meanwhile, the Majlis secretariat has announced it is hiring an independent Sergeant at Arms to oversee security of Majlis sittings and parliamentary committee hearings.

Progressive Party of the Maldives (PPM) MP Ahmed Mahloof told local media Azim assaulted PPM presidential candidate and MP Yameen Abdul Gayoom this morning.

Meanwhile, MDP MP Hamid Abdul Gafoor remains holed up at the Majlis after the Crminal Court ordered the Police to arrest Hamid and present him to court over refusal to provide a urine sample.

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Opposition MPs “purged” as Supreme Court strips Ali Azim, Mohamed Nashiz of parliament seats

The Supreme Court in a 4-3 judgment today stripped Maldivian Democratic Party (MDP) MP Ali Azim and Dhivehi Rayyithunge Party (DRP) MP Mohamed Nashiz of their parliament seats over a decreed debt.

The verdict was delivered in absentia after the pair dismissed their lawyer and a new one was not appointed in time for the re-scheduled session at 5:00pm.

The majority was formed by Justices Abdulla Saeed, Adam Mohamed Abdulla, Ali Hameed Mohamed and Dr Ahmed Abdulla Didi, the same four judge majority which annulled the results of September 7 election following a petition from third-placed candidate Gasim Ibrahim.

Chief Justice Ahmed Faiz Hussain and Justice Abdulla Areef issued dissenting opinions ruling that there were no grounds to disqualify the MPs while Justice Muthasim Adnan reportedly refused to issue a ruling stating that he did not have sufficient time to study the case as he received the testimonies and statements yesterday.

Ali Azim, former MP for mid-Henveiru, joined the MDP from the government-aligned DRP in June this year.

Nashiz, former MP for Raa Alifushi, is a half-brother of DRP Leader Ahmed Thasmeen Ali and husband of the party’s deputy leader MP Rozaina Adam. Following the annulled first round of the presidential election on September 7, the DRP decided to back MDP presidential candidate and former President Mohamed Nasheed.

With the provisional support of 10 DRP MPs, the MDP had gained a majority of the 77-member parliament. The opposition party had 34 seats.

The Supreme Court case was filed in November 2012 by Mohamed Haleem, a member of the Jumhooree Party’s (JP’s) legal committee. The last hearing of the case took place almost a year ago.

Haleem contended that the MPs should be removed from parliament following a Civil Court judgment in February 2010 involving non-payment of five credit facilities worth MVR117 million (US$9 million) issued to Funadoo Tuna Products by the Bank of Maldives (BML), for which the pair had signed as loan guarantors.

As the lower court judgment was subsequently upheld by the High Court, the Civil Court in 2012 authorised BML to seize the assets mortgaged for the loans, which included Funadoo island, a yacht, and the Reethi Beach Resort.

While the majority verdict held that mortgaged assets was not cause for disregarding a judgment to settle the debt, Chief Justice Faiz ruled that the guarantors would only have to bear responsibility if the debt could not be settled by selling the mortgaged assets.

The case was submitted to the Supreme Court with reference to article 73(c)(1) of the constitution, which states that a member of the People’s Majlis immediately becomes disqualified if the MP has “a decreed debt which is not being paid as provided in the judgment.”

Article 74 states, “Any question concerning the qualifications or removal, or vacating of seats, of a member of the People’s Majlis shall be determined by the Supreme Court.”

The Supreme Court verdict comes days before voting on a no-confidence motion against Attorney General Azima Shukoor scheduled for October 28.

Moreover, an MDP-sponsored bill on transitional arrangements that require President Dr Mohamed Waheed to step down if an election is not held by November 10 was submitted yesterday (October 23).

“Purge” of MPs

The MDP released a statement on MPs being “purged” today, condemning “the continued harassment and intimidation” of its members through “politically-motivated” court cases.

The party noted that Azim and Nashiz’s case was “fast-tracked a day after a crucial vote in parliament, which saw the MDP and its allies win a parliamentary vote by 43 votes to appoint an MDP member to the independent judicial oversight committee, the Judicial Service Commission.”

“Thus the MDP believes the sudden scheduling of the Supreme Court case against MPs Azim and Nashiz is a deliberate attempt to disqualify them from parliament. The MDP notes that while this case has suddenly been taken up enthusiastically by the Maldivian justice system, corruption charges against government-leaning MPs have been dropped,” the statement read.

The statement also noted that the Criminal Court yesterday issued an arrest warrant for MDP MP Hamid Abdul Ghafoor “in violation of the Parliamentary Privileges Act, during a session of the parliament, while Hamid had in writing informed the court he was unable to attend due to his parliamentary duties.”

Hamid remains in the parliament building at the time of press.

Hamid along with MDP MP Abdulla Jabir is being prosecuted for alleged alcohol and drug use as well as refusal to provide a urine sample to police. The pair were arrested in November 2012 following a police raid on an uninhabited picnic island in Haa Dhaal atoll.

The Supreme Court has lost all credibility in the eyes of Maldivians and the watching world. The judges are working with political leaders of MDPs opponents to further their wishes. These judges are closely linked to the former dictatorship and continuously work to disrupt the democratic process. After invalidating, delaying and obstructing elections, they are now after an MDP parliamentary majority, who have publicly pledged to reform the judiciary,” said MDP Deputy Chairperson Ali Shiyam.

The MDP statement listed the cases of 10 MPs who currently face “politically-motivated charges that threaten their parliament seats.”

The party also noted that its former MP for Thaa Thimarafushi, Mohamed Musthafa, was stripped of his seat over a disputed decreed debt, two weeks after the controversial transfer of presidential power on February 7, 2012.

Police have meanwhile sent cases against MDP MPs Imthiyaz Fahmy, Mohamed Rasheed and Alhan Fahmy to the Prosecutor General’s Office for alleged contempt of court for publicly criticising the Supreme Court.

A Criminal Court case is also ongoing against MDP parliamentary group deputy leader Ali Waheed for allegedly crossing a police barricade in 2010.

The government-aligned Progressive Party of Maldives (PPM) meanwhile declared last month that it would seek the removal of MPs through the Supreme Court for challenging rulings of the apex court.

“There is a dispute on whether [MPs] have lost their seats in parliament due to speaking out against Maldives’ Supreme Court’s order and defaming the Supreme Court, and other court’s judges. I would like to inform you we will file this case at the Supreme Court,” PPM legal advisor Mohamed Waheed Ibrahim told the press on September 29.

Maldivian judiciary

The MDP statement noted that a 2004 report on the Maldivian criminal justice system by Professor Paul Robinson, prepared at the request of the then-Attorney General, concluded that “the Maldivian criminal justice system systematically fails to do justice and regularly does injustice”.

The party also referred to the International Commission of Jurists (ICJ) expressing concern in February 2011 with “the apparent failure of the JSC to fulfil its constitutional mandate of properly vetting and reappointing judges” as well as the “judicialisation of politics”.

Moreover, the MDP noted that in July 2012, the United Nations Human Rights Committee stated that it was “deeply concerned about the state of the judiciary in the Maldives.”

The MDP statement also referred to concerns raised by UN Special Rapporteur on the Independence of Lawyers and Judges, Gabriela Knaul, in a report on the Maldivian judiciary in May this year.

“Justice must not merely be done but must also be seen to be done, and judges must not only be actually impartial they have to appear impartial to the public,” the party statement quoted Knaul as stating.

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Bank of Maldives sues MP Ali Azim over unpaid loan

The Bank of Maldives Plc Ltd (BML) has sued MP Ali Azim and his father over MVR 3.8 million (US$246,433) unpaid from a loan taken by the pair in 2007 for the construction of the New Queen residence in Henveiru.

According to newspaper Haveeru, Azim and his father claimed at court that the bank raised the interest rate on the loan without prior notice.

Although the pair claimed that they were informed of the interest rate hike a year later, the bank denied the claim.

BML lawyers claimed that Azim and his father was duly informed of the rate hike, which the bank imposed due to nonpayment of loans by Fonnadoo Tuna Products and Mahandhoo Investment.

The MP for mid-Henveiru owns a stake in both companies and had signed the loan agreement as a guarantor.

The Civil Court concluded hearings into Azim’s loan case yesterday (June 17) and informed the parties that a verdict would be delivered at the final hearing.

Following nonpayment of five loans guaranteed by MPs Azim and Ahmed Nashiz, BML is currently in the process of selling mortgaged assets.

Moreover, a case is pending at the Supreme Court concerning the legal status of the MPs as the constitution states that a member of parliament with a decreed debt that was not being paid in accordance with a court judgment shall lose their seats.

MP Ali Azim recently switched from the government-aligned Dhivehi Rayyithunge Party (DRP) to the opposition Maldivian Democratic Party (MDP).

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MPs Rozaina, Ali Azim elected DRP deputy leaders at fourth congress

MPs Rozaina Adam and Ali Azim were elected deputy leaders of the Dhivehi Rayyithunge Party (DRP) today at the ongoing fourth national congress of the party.

Out of the five contenders for the three vacant posts, Rozaina came first with 382 votes followed by Azim with 258 votes.

A runoff is due to take place tomorrow (April 26) after MP Ahmed Ramiz and Economic Development Minister Ahmed Mohamed each garnered 243 votes for the third deputy leader post.

The fifth and last placed candidate was Fisheries State Minister Ali Solih.

Six members were also elected to the party’s council from 11 candidates. They were Education Minister Dr Ahmed Asim, Dr Hamid Rasheed, Ahmed Shareef, Mohamed Saleem, Assad Shareef and Ahmed ‘Kelaa’ Nizam.

At yesterday’s session of the DRP congress, delegates voted to abolish the post of ‘Zaeem’ or ‘Honorary Leader’ previously reserved for the party’s founder, former President Maumoon Abdul Gayoom.

An amendment was also approved to the party’s charter to offer the party’s ticket to sitting MPs and councillors without contesting in a primary.

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MDP government should have continued after Nasheed’s resignation, says DRP MP

Dhivehi Rayyithunge Party (DRP) MP Ali Azim has told local media that he believes the Maldivian Democratic Party (MDP) government should have continued following the resignation of former President Mohamed Nasheed on February 7.

The DRP Council Member and MP for mid-Heniveru constituency told local newspaper Haveeru that he did not believe that with the resignation of the former president Nasheed, succeeding president Dr Mohamed Waheed Hassan could abolish Nasheed’s cabinet. There was, he said, “a problem” when the MDP was not allowed to complete its five year term which people had voted for in the last presidential elections.

“This government should consist of officials that can sell the ideologies that MDP believed in. I still believe the government should be run with MDP members.  They should be given the duration that they had been elected for. Otherwise, that is a problem,” Azim told Haveeru.

Azim further said that he opposed the idea of DRP joining with the coalition of political parties currently in support of President Waheed’s government. He said he had objected to the decision during his party’s council meeting, and that he was one of the three members of the council who had objected to the decision.

He said he had warned that joining the coalition in support of the new government would pave the way for internal conflicts within the coalition, and that such a coalition could not work in the best interest of the country.

Azim said that the DRP joined the coalition because the party council believed that if the party refused to join, then it would further stir up claims of a possible “political deal” between former President Mohamed Nasheed and DRP Leader MP Ahmed Thasmeen Ali.

Azim added that despite his belief that it should still be an MDP government, he would assist the current government through the parliament and by other means.

Minivan News tried contacting Azim but he did not respond at time of press.

In response to Azim’s statements, fellow DRP MP Rozaina Adam told Sun Online that she believed the government was now belonged President Waheed and his Gaumee Iththihaadh (GI) – which has 2600 members.

“Whoever is in the position of the President, the government shall be of his party. President Waheed wanted a unity government, and therefore it is now the government of President Waheed. This government has the support of the DRP,” she told the newspaper.

However Adam added that even though her party supported the government, it would not support any actions of the government which it was dissatisfied with.

“If this government carries actions about which the DRP disapproves, we will not stand in support of such actions,” she added.

Minivan News contacted Rozaina however she said that she had already spoken to the media about the issue and that she did not wish to speak about it again.

Following the controversial resignation of Former President Mohamed Nasheed on February 7, then Vice President Mohamed Waheed Hassan was sworn in as President on the same day. Afterwards, Waheed dismissed Nasheed’s cabinet and announced the formation of a ‘national unity government’, which consisted of the political parties that had opposed Nasheed’s administration.

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High Court upholds lower court verdicts over unpaid Bank of Maldives loans

The High Court has upheld Civil Court verdicts ordering Mahandhoo Investments and Kabalifaru Investments – two companies with ties to Dhivehi Rayyithunge Party (DRP) Leader Ahmed Thasmeen Ali – to repay millions of dollars worth of loans to the Bank of Maldives Plc Ltd (BML).

DRP MP Mohamed Nashiz, brother of the DRP leader and managing director of Kabaalifaru, and MP Ali Azim, a loan guarantor, were among the appellants at the High Court.

Both MPs had signed ‘joint and several guarantee and indemnity’ agreements for the loans issued in mid-2008.

In the verdicts delivered today, the High Court ruled that there were no legal grounds to overturn the lower court verdicts.

In the first case involving Mahandhoo Investments, BML had issued a US$23.5 million demand loan, a US$103,200 bank guarantee and US$30,090 letter of credit on July 10, 2008.

After BML sued Mahandhoo for non-payment, the Civil Court ruled on October 19, 2009 that the company was not paying the loans in compliance with the agreement and authorised the bank to sell mortgaged properties – including Reethi Beach Resort – to recover the outstanding debts along with incurred interest and fines.

The court ordered the company to settle the outstanding debt in a one year period. However the verdict was appealed at the High Court and remained stalled for almost two years.

The second case meanwhile involved a US$3.3 million loan issued to Kabaalifaru Investment and the appeal of a Civil Court verdict on September 30, 2009 ordering the company to settle the debt in the next 12 months.

Meanwhile a third case involving a Civil Court verdict in December 2009 ordering luxury yachting company Sultans of the Seas – with close ties to the DRP leader – to pay over US$50 million in unpaid loans and incurred interest and fines had also been appealed at the High Court.

In a BML audit report released in January 2009, Auditor General Ibrahim Naeem warned that defaults on bank loans issued to influential political players could jeopardise the entire financial system of the country.

Over 60 per cent of the US$633 million worth of loans issued in 2008 was granted to 12 parties, the report noted.

According to the report, US$45 million was granted to Sultans of the Seas and US$36 million to Fonnadhoo Tuna Products, two loans which comprised 13 per cent of the total loans issued in 2008.

The report noted that Fonaddhoo was owned by current DRP Leader Ahmed Thasmeen Ali – running mate of former President Maumoon Abdul Gayoom in the 2008 presidential election – while the owners of Sultans of the Seas were closely associated with the minority leader.

In September 2009, Maldives Customs filed a case at Civil Court to recover US$8.5 million from Sultans of the Seas in unpaid duties and fines for allegedly defrauding customs to import two luxury yachts.

In February 2010, the court ordered the company to pay Rf110 million (US$7 million) as fines and evaded import duties.

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High Court warns of in absentia verdict after MPs fail to show

The High Court yesterday warned that it would issue a verdict in absentia in the appeal of a Civil Court order for Mahadhoo Investments to repay a Rf600 million (US$39 million) loan to Bank of Maldives if representatives of the company fail to appear for the next hearing.

Newspaper Haveeru reported that according to presiding Judge Abdulla Hameed, the last hearing on Thursday was cancelled at the company’s request and rescheduled for yesterday.

The company and its guarantors – Alifushi MP Mohamed Nashiz, brother of Dhivehi Rayyithunge Party (DRP) Leader Ahmed Thasmeen Ali, DRP MP for Mid-Henveiru Ali Azim and Ahmed Rasheed of Maafannu Rafeeguge – had appealed a Civil Court verdict ordering the company to repay the loan.

The High Court judge reportedly said yesterday that he did not wish to dismiss the case as the court had neared a verdict. If the case is rejected without a verdict, the company could file it again.

BML lawyer Mazlan Rasheed argued that the bank would face more difficulties in getting the loan payment if the court dismissed the case.

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