The Judicial Services Commission has today cleared Supreme Court Judge Ali Hameed of misconduct charges, citing lack of evidence to indict him in a court for alleged appearance in three sex tapes involving three different foreign women.
The accused must be presumed innocent until proven guilty beyond a reasonable doubt, said the judicial watchdog, which claimed it cannot take disciplinary action against a judge without “enough evidence.”
The JSC also cited the police’s Forensic Service Directorate’s failure to confirm the identity of the man involved in the sex tapes in its decision to clear Hameed of charges.
In it’s ruling, the JSC noted the following:
- The police had closed investigations until new evidence emerged
- The police had collected the sex tapes during an investigation into an attempt to blackmail a judge
- The tape may constitute an act of espionage as it appears to have been filmed by an unauthorised body and it is against the constitution to obtain evidence by unlawful means
- Supreme Court’s ruling on former Civil Service Commission President Mohamed Fahmy Hassan states disciplinary action can only be taken with sufficient evidence
Sex scandal
The Maldives Police Services formally launched an investigation in July 2013 after still images of the sex tape, alleged to show the judge committing adultery with an unidentified foreign woman, began circulating on social media.
At the time, the JSC voted not to suspend Hameed, citing lack of evidence.
Shortly afterwards, two more videos appearing to show Hameed engaging in sexual relations with two more foreign women were leaked on social media.
Business tycoon and former JSC member Gasim Ibrahim in July dismissed the sex tape as fake and an attempt at blackmail.
Gasim placed third in the first round of presidential polls in September and asked the High Court to annul the first round of polls.
The Supreme Court took over the case and ordered a revote claiming widespread vote fraud,with Hameed one of the four judges forming the majority verdict.
Images and symbols depicting scenes from the sex-tape formed a prominent part of protests against the court’s repeated interference in the subsequent round of polls.
Hameed also voted to unseat two opposition MPs over a case of decreed debt, and voted to remove Elections Commission President Fuwad Thowfeek and his deputy Ahmed Fayaz for alleged contempt of court.
Systematic failure
In December, Superintendent Abdulla Nawaz said police investigation had stalled as police were unable to ascertain the identity of the man in the sex tapes.
At the time, local media Haveeru suggested the police had been unable to proceed with investigations due to the Criminal Court’s refusal to provide two key warrants in September.
The warrants reportedly include a warrant to take a facial photograph of Hameed and another to search his residence.
A second JSC sub-committee to investigate the matter asked for the judge’s suspension, but JSC President Adam Mohamed refused to put the suspension to a commission vote.
The now defunct Maldives Bar Association in April also called for the suspension of Hameed until investigations were complete.
“Given the serious nature of allegations against Ali Hameed, that the judge continues to hold trial contravenes norms of justice, conduct of judges, and established norms by which free and democratic societies deal with cases of this nature,” the statement read.
In May, the police closed investigations and said it would only open the case if it receives new information.
“Yameen’s back-up”
The room and date stamp in the sex tapes appear to be the same as that in previously leaked footage of Hameed meeting a local businessman Mohamed Saeed, the director of ‘Golden Lane’.
In that video, Hameed asserts that he was one of then Progressive Party of the Maldives (PPM) presidential candidate Abdulla Yameen’s “back-ups”, and that his stand was “to do things the way Yameen wants”.
Yameen narrowly won the presidential election with Gasim’s backing.
“Even [ex Speaker of Parliament] Abdulla Shahid will know very well that my stand is to do things the way Yameen wants. That the fall of this government was brought with our participation,” he appears to add, although the audio quality is poor (01:49).
One of the men claims to have heard plans to “kill off” leader of former Dhivehi Rayithunge Party (DRP) leader Ahmed Thasmeen Ali and refers to a “second person to be killed,” however, due to the unclear audio it is not clear what the parties are referring to, or the context of the “killing”.
The person believed to be Hameed then promises, “If it comes into my hands, I will kill him off.”
Corruption charges
The Prosecutor General’s Office in April also filed corruption charges against Hameed over illegal transfer of credit from his state- funded mobile phone in 2010.
However, the Criminal Court in May claimed case files had been destroyed in a coffee spill.
The case against Justice Hameed – accused of abuse of authority to benefit a third party – was sent to the PG office in July 2013 by the Anti-Corruption Commission after investigating allegations in the 2010 audit report of the Department of Judicial Administration.
Auditors found MVR2,223 (US$144) was transferred Justice Hameed’s state-funded mobile phone on different occasions during 2010.
Other cases
Meanwhile, the 2010 audit also discovered that MVR13,200 (US$856) was spent out of the apex court’s budget to repair a state-owned car used by an unnamed Supreme Court Justice, later revealed in the media to be Justice Hameed.
According to the police report cited by auditors, the driver of the justice’s car was responsible for the accident, which occurred on January 23, 2011.
However, the official driver insisted the car was undamaged when he parked and left it the previous night.
Despite the findings of the audit report, in March 2011 the Supreme Court dismissed allegations of corruption reported in local media regarding phone allowances and use of court funds to repair Justice Hameed’s car.
Moreover, in September 2011, the ACC began investigating allegations that over MVR50,000 (US$3,200) of state funds was spent on plane tickets for Justice Hameed’s official visit to China in December 2010.
The complainant alleged that Hameed also visited Sri Lanka and Malaysia both before and after his trip to China to attend a conference by the International Council of Jurists. A return ticket on a direct flight from Malé to Beijing at time cost MVR16,686 (US$1,080).
Furthermore, in May 2012, the ACC revealed that Justice Hameed was among three sitting judges illegally occupying state-owned apartments.
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Any sane person who refused to accept the judiciary is a farce, should know better by now. This reflects the sad state of injustice in the Maldives.
MPS is simply amazing. They can frame innocents for political purposes and not find sufficient evidence against people who actually commit crimes. With such an exemplary Police Service and courts that never fail to deliver supreme injustice, what more can we expect eh. And of course JSC would be too happy to have this guy still ruling over others and sentencing others to be flogged.
I fail to comprehend how this could benefit Mordis, in the short or in the long run.
We have effectively let go on all morality and ethics, as a nation.
This is exactly what's happening in all the corrupt nations of the world.
Instead of trying to prove it was him in the picture, ask him to prove that he wasn't there. We know he was in Lanka. Passport. We know he was staying in that hotel on those dates. From hotel Records. We know the room matches the video seen. You can check yourself.
I don't care whether he pumps dolls or doors. But, my problem is this guy hands out verdicts for other Mordisians, for everything. Big Problem!!!
And single handedly, he is responsible for the destruction of faith of Mordisians in our own judiciary. A criminal in my view.
**Welcome in Maldives***
Typical Addu.
Expected. Salute Yameen, already wrote earlie before the election that Yameen is strongerthan Ani but Minican didn't want to publish it.
the first time i saw video, i told you people that its NOT Ali Hameed,but Ali Waheed. Since then, I have watched the clip a dozen times and i still see Ali Waheed in it. Now I don't know if the problem is with me or all you guys... what F***s wrong with your vision...
Disgusting!
From every experience you should learn some lessons, Judge’s sex drama reveals that, sex, booze and gambling is part of every human’s life. Now this judge and all the judges should not be sitting there to draw judgments to penalize people for doing these things. Our whole problem is these morons don’t really understand the value of human rights and don’t really know that they get paid because some people work in real life to create opportunities and do things that are materialistic. The whole problem is not the judge’s sexual behavior, can such pervert be a normal human being, after being revealed his true nature, still the guy seems , will do anything to hold on his position for money. Almost the whole public believes this guy was in the video, and even the guy is innocent why he is clinging to his position is beyond any one’s imagination when his character is questionable. In Malu Dhivan there is nothing called decency everything depnds on how strong you believe in Islam.
emme kurin ves thihen hadhaafa nimmaali nama. vaane kanthah fala kuran. kaley men thiee gaumu hingan ulhey ba eh noon, emmen vaneee mi siyaasee kulhigandaigen ekaku anekakah vureh bodaave goe dhoonukoh molhu veveytho, miothee vaakameh, huri halaakeh ge bodu kamaaaaaaaaaa!!!!!!! visit igmh and you shall seee. THIS IS NOT A F**KING GAME!!! this is our lives, not something of yours to f**k around with. I want justice, Ali Hameed has to be censored, f**king ladhu kobaatha kaleymen emmenge eyna ehen bahattan. maa molhui bayakah vegen ulhey ekam vaakameh neh, emme basic needs furihama nukohdhevey, kithah aharu vaneee mihaaru maumoon beyli fahun ves, adhives hospital eh neh, ithuru petrol alhaane thanneh neh, mihen keee dhaane anga vaa vandheka ves, vaane kameh noannaane dhooo. pity you maldivians.. i wish our country will be submerged due to global warming in the coming few years. then we dont have to take all this bullshit, im sure life will be much better as a refugee tooo. F**k YOU all the political parties there and same goes to you all politicians!!! haraaan kaorun thah
The world should think of getting rid of the International Court of Justice and employ the current JSC of the Maldives on "as and when wanted" basis!
There can be no cheaper way to get JUSTICE!
Bravo JSC Maldives!
This must be a landmark in passing judgement!
JSC protector of elite secrets.
Good financial news for poor Eastern Euro hookers!
Justice prevails finally? Eh!
@golhaa
No its not, not everyone are inclined to that sort of filthy lifestyle.
There still are many who live decent lives.
The judge and the elite in all governments and the westernized are from the same cloth
Most people commenting on minivan are westernized traitors to what is supposed to be their ideals.
Politicians, whether here or anywhere else and the elite are hypocritical and will punish anyone who does the exact things they do
Video evidence and forensic evidence have no meaning in Maldives as we have seen in this case and many others. DNA is acceptable, but only used on very critical cases.
Everyone except the blind will know the truth, and everyone also knows that NOTHING will happen to this judge and anyone else who supports the present government. Jabir got a year in jail for not giving his urine for tests, absurdly, the authorities have no evidence that he had consumed alcohol or dope.
Time to move on folks, keep whatever evidence you have to be used hopefully after the present 5 year term is over.
Read about the new Egyptian president and you will understand why I advise people to move on as there's no one to listen to your cries today
@adam
Don’t be a hypocrite, this is not your humanness speaking, you also will definitely enjoy sex, booze and gambling. It is your cowardness and apprehensiveness that stops you doing them and you are jealous of others who are strong enough to enjoy their life. Your assumption that anyone who can free himself from mental slavery is westernized is wrong. There is nothing called western life style and Eastern life style, All are human being, you have same type of people in west like you who abstain from worldly happiness with same reason as yours and we have people in East who has no fear of enjoying their life, the difference is you have institutional control on people whereas in west no one cares what you do personally.
@golha, nope. Self control. As for sex, there is the concept of getting a wife, so no problem in that.
Nope, human beings are far stronger beings than what globalization has imposed on us. Depriving oneself of something harmful is as cowardly as being deprived of sleep deprivation.
Personally believe people like you, and people who think otherwise should have separate territories, and that is a fair solution