The Criminal Court ruled today that the Deputy Speaker of Parliament Ahmed Nazim cannot prosecuted on charges of defrauding the now-defunct Ministry of Atolls Development, in the purchase of 220 harbour lights worth Rf1.95 million (US$126,000) in 2004.
Minority opposition People Alliance (PA) Leader and MP Nazim, along with MP Ahmed “Redwave” Saleem (then-finance director at the ministry) and Abdullah Hameed, former Atolls Minister and half brother of Gayoom was charged in late 2009 on multiple counts of conspiracy to defraud the Atolls Ministry.
The scam – first flagged in an audit report released in early 2009 – involved paper companies allegedly set up by the defendants to win bids for projects worth several hundred thousands dollars, including the fraudulent purchase of harbour lights, national flags and mosque sound systems.
The prosecution began in late 2009, after police uncovered evidence that implicated Hameed, Saleem and Nazim in a number of fraudulent transactions.
At a press conference in August 2009, police exhibited numerous quotations, agreements, tender documents, receipts, bank statements and forged cheques showing that Nazim received over US$400,000 in the scam.
A hard disk seized during a raid of Nazim’s office in May 2009 allegedly contained copies of forged documents and bogus letterheads.
Police maintained that money was channelled through the scam to Nazim who laundered cash through Namira Engineering and unregistered companies.
The first count focused on charges that Nazim used equipments and employees of Namira Engineering while he was the company’s Managing Director to submit bids in the name of two companies called Tech Media Service Pvt Ltd and Standard Electric Works Pvt Ltd to provide 220 harbour lights to the Atolls Ministry without the company’s prior knowledge in 2004.
The prosecutors requested the court to recover the money paid to Nazim for the supply on the grounds he defrauded the ministry.
However, during the trial Nazim had submitted six witnesses to prove the companies were aware of the submission of bid and presented Saleem as a witness to establish that the ministry received the 220 harbour lights.
The prosecution meanwhile presented as evidence the police investigation report, cheques issued by the state and bogus letterheads found during a police raid on Namira Engineering in May 2009.
Further, the prosecutors presented employees of Namira as key witnesses to prove they are acting on Nazim’s orders.
However, Judge Saeed Ibrahim today dismissed the testimonies of the prosecutor’s witnesses on the grounds that they were the employees who had prepared the fraudulent bid estimates which were submitted.
Even though the witnesses had told the court that they had prepared the bid estimates on Nazim’s order, the judge concluded that it does not mean Nazim had ordered them to prepare the bids fraudulently.
Judge Ibrahim also argued that the act of asking was not enough to prove criminal intent.
Therefore, in reference to article 51 of the constitution which guarantees the rights of the accused, the judge concluded that the charges cannot be filed against Nazim.
Multiple counts
However Nazim is also facing other counts of fraud for setting up four paper companies to win a bid worth US$110,000 to provide 15,000 national flags for the former atolls ministry in 2003.
In the ongoing case, prosecutors are heavily relying on the findings stated in the audit report, which concludes that the four companies which submitted the bid to the project were connected to Nazim’s Namira Company.
According to the report, the documents of Malegam Tailors, the company which won the bid, show that it shared the same phone number as Namira. Fast tailors, another company that applied also shared a different phone number registered under Namira.
The other company Needlework Tailors that submitted the bid had an employee of Namira sign the documents as the General Manager while the fourth company named “Seaview Maldives Private Maldives” did not have any record of its existence, according to the report.
However, the auditors noted that Searview bid documents had an exact date error found on Fast tailors documents, which according to the auditors prove same people had prepared both company’s bids.
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If Nazim cannot be prosecuted in spite of all the evidence against him, the judiciary is a disaster.
If Nazim is not held responsible to what he has done why was Musthafa? Is this justice? Is this how the judiciary is going to prove it is impartial?
This outcome was known all along. This is not a surprise at all.
"Even though the witnesses had told the court that they had prepared the bid estimates on Nazim’s order, the judge concluded that it does not mean Nazim had ordered them to prepare the bids fraudulently.
Judge Ibrahim also argued that the act of asking was not enough to prove criminal intent."
In any other civilised country, this will be classified as fraud with the appropriate penalties. Once again, the Maldivian Criminal Court has proved beyond reasonable doubt that it lacks the capacity and ability to uphold the law.
And we all live happily ever after, except MDP that is.
Yaa Allah, Mi aniyaa verin kiba in alha men salaa mai kurah vaadhey.
Yaa Allah, Alhamen ge gaumuagaa adhul insaafu gaaimu koh dheh vaadhey.
Please answer our prayers.
If international community is following whats happening in our country, I really don't how they can be this ignorant to blindly support the current Puppet government of Maldives.
I have no doubt in my mind Judas Waheed has no clue what is going around him.
Neither has he any power.
If any sane man saw what just happened and goes ahead and say, what just happened was free and fair justice, is complicit of this atrocity that's been carried out against the citizens of this country.
Disgusting. Welcome back to he old dictatorship!
I am not supporting any particular party, since I am just an observer. However, would my name be 'former president Mohamed Nasheed', then my words -after reading a verdict like this-, would be: "I rest my case'.
If this judegement within the boundaries of the constitution, i don't want to accept and follow the constitution! Anni was right to violate it too. might as well since this judgement clearly is proof that yamin and nazim are not only violating the conduct of fair trails but is sodomizing the judiciary.
This guy is bad.Look at the figure.His face says he will do anything he wishes.No matter its lawful or unlawful.
100% sure he his a bad.very very bad guy.Everything is on his face.someone needs to stop him.
IS ANYBODY REALLY SURPRISED!!!!,plenty more to come my friends...
This whole saga of the Maldivian Justices remind me of the 2005 film, The Island. In the film, human clones are bred for the purpose of using their organs. They are all "programmed" with a "life" that's equivalent to that of a teenager and have no idea about the world outside them. All goes well, until a couple of them escape to discover the big wide world...
The majority of our justices are in a similar predicament. Most of them don't have any education beyond primary or secondary school level. They have been "programmed" with a version of legalese that the former dictator Gayyoom saw fit for purpose.
Until some of these guys manage to "escape" and learn from the "outside" world and then explain to their comrades, the lie they've been living, we'll be in for more shocking tales of injustice to come.
Absolutely dreadful. If this is the sort of justice prevalent in the Maldives, and the only leader brave enough to stand up to it and reform it was ousted in a coup, then my heart really goes out to the Maldivians.
So much so for the Road Map calling for stability. This is a provocative act designed to inflame MDP supporters.
Yep this is just the begining....so now we know why president nasheed had to have the corrupt judge arrested! Thank you criminal court for proving that president nasheed's decision was justified.
This whole episode started in 2009. It's not a coincidence that the first result of this case came out less than 2 weeks after the democratically elected government was toppled!
And what a result we have. Now, it will become clear to everyone why Nasheed's government was brought down, especially when it focussed on the irresponsible judiciary of ours.
where are the ass-lickers yasir, marie and tsk tsk and such people??? what do they have to say about this??? Thi is the country you wanted right??
Anni was right at first place!
A real spin!
As viewed in a photo that was taken just at the entrance of the building, the criminal lawyer attending to the case is seen alarmingly happier than Mr. Nazim who seemed troubled. But the lawyer; is seen 200% sure of a win!!!!!
If this is justice, then people who joke about JUSTICE having left this country on the day Gayyoom was sworn are absolutely wiser and are true!
As the poet of the century says, it is a real shame to be living in this country where justice has become a game!
J-Nazim, Rekko Moosa, Mariya, Mustafa..these are all the cronies of the country!! Maldivians needs to clean this country!!