Former Deputy Police Commissioner denies PIC allegations

Former Deputy Commissioner of Police Mohamed Rishwan has denied findings of a Police Integrity Commission (PIC) investigation that he ordered police officers to forcibly cut the hair of several persons that were arrested during a special operation, conducted in July last year when he was in police force.

In a press statement issued to the media, Rishwan said that he had never committed a criminal offence during his time as Deputy Commissioner, and that he had only sought to be accountable for the actions of police as he was in charge of the operations conducted across the country.

Rishwan said he had served the nation for 18 years and that he had a right to defend his status and protect his reputation.

Rishwan denied giving the order to cut the hair of the detained suspects and insisted that he had cooperated with the investigation into the incident after he had learned of it.

The PIC launched an investigation into allegations made by several persons that were arrested during the special operation that they were mistreated and their hair was forcibly cut without their consent.

After the investigation, the commission publicised the investigation report which said that Rishwan was the person bearing responsibility for the action, as he had confessed to the PIC that he gave orders to cut the hair of arrested persons.

The PIC also alleged that Rishwan had violated the Police Act and said that the case had now been sent to the Prosecutor General to press criminal charges against Rishwan.

Rishwan resigned from his position in July this year. Speaking to local media about the decision at the time, Rishwan said his resignation was based solely on wanting to spend more time with his family.

Back in February, Rishwan was reported to have been temporarily suspended from his duties after allegedly failing to follow orders regarding a dispute over taking control of the Thulusdhoo Atoll Council’s office without a court warrant.

In July last year, police and the Maldives National Defense Force (MNDF) arrested almost 60 people, including children, in a joint special operation launched to curb the rise in gang violence.

Many arrested at the time claimed that their mobile phones and personal belongings were confiscated and not returned when they were released.

Almost everyone arrested in the operation was released without any charges.

A number of those arrested claimed they were mistreated and abused in custody, including being forced to remove their clothes, blindfolded and beaten.

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Police to release 11 suspects in light of Criminal Court ruling

The Maldives Police Service has decided it would no longer detain suspects arrested without a warrant on suspicion of having committed an offence after Criminal Court Chief Judge Abdulla Mohamed ruled Monday night that the arrest of Gassan Maumoon violated article 46 of the constitution.

Article 46 states, “No person shall be arrested or detained for an offence unless the arresting officer observes the offence being committed, or has reasonable and probable grounds or evidence to believe the person has committed an offence or is about to commit an offence, or under the authority of an arrest warrant issued by the court.”

The legal team of the former President’s son argued at court that a Supreme Court ruling (page 11 point 11) on July 11, 2010 – which overturned a High Court ruling extending the arrest of MPs Abdulla Yameen and Gasim Ibrahim for alleged bribery – established a precedent for interpreting article 46.

Gassan’s lawyers contended that his arrest did not fall under the exceptions provided for in article 46 where a suspect could be taken into custody without an arrest warrant.

Responding to the legal argument at court, Police Superintendent Mohamed Jinah insisted that the arrest was lawful as police had reasonable grounds to suspect Gassan had committed a crime and were prepared to submit early evidence.

In a press statement released today, police noted that before Monday night’s ruling the Criminal Court had not followed the criminal justice procedure established by the Supreme Court ruling for suspects taken before the court since July 2010.

Article 48 of the constitution states that suspects must be brought within twenty-four hours before a judge, “who has power to determine the validity of the detention, to release the person with or without conditions, or to order the continued detention of the accused.”

Police therefore decided to only detain suspects arrested from the scene of the crime or after the arresting officer observed the offence being committed.

“Eleven suspects in police custody have now been released,” the statement revealed. “However they do not include people detained from the scene of the crime or while committing the crime. The [police] service has done this in order to enforce court verdicts with fairness and equality and to ensure that such an incident is not repeated before the constitutional problem is resolved.”

Police were consulting with the relevant authorities to resolve the constitutional dispute, it added.

Meanwhile, the Criminal Court issued a court order today demanding that police answer to the release of two Maldivian Democratic Party (MDP) activists released from custody after the court extended their detention.

The activists were arrested for their part in disturbances outside the former President’s residence, Maafanu Endherimaage, which resulted in damage to private property.

Police Sub-Inspector Ahmed Shiyam told Minivan News today that police did not wish to comment on the matter or clarify whether the police appeared at the Criminal Court in accordance with the court order.

Local media however reported that police sent a letter in response to the court order explaining that it had the authority to release suspects after interrogation, notwithstanding an extension of detention. The letter reportedly noted that a number of suspects had been similarly released in the past.

In a statement put out today, the Criminal Court said an individual had sent a letter requesting the court take action against Police Commissioner Ahmed Faseeh as the police spokesperson Sub-Inspector Shiyam’s statements in the media claiming police were considering the release of over 300 suspects amounted to contempt of court.

Chief Judge Abdulla Mohamed was not available for comment at the time of press.

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MDP appeals for international assistance over “intolerable situation” of judiciary

The ruling Maldivian Democratic Party (MDP) has appealed for assistance from the international community over the “increasingly blatant collusion between politicians loyal to the former autocratic President, Maumoon Abdul Gayoom, and senior members of the judiciary – most of whom were appointed by Gayoom during his thirty years of power.”

In a statement by the MDP forwarded to diplomatic missions and United Nations offices by the Foreign Ministry concerning the events of October 20, the ruling party explained that a protest was launched against “an ongoing, highly-politicised Supreme Court case” contesting the eligibility of MP Mohamed Musthafa for the May 2009 parliamentary elections.

“The Supreme Court case is the latest installment of an ongoing attempt by Gayoom to secure a parliamentary seat for his son, Gassan Maumoon,” the statement alleged, noting that Gassan was defeated by the MDP MP for Thimarafushi constituency.

The High Court however ordered a re-vote after Gassan challenged the result, which was won again by Musthafa.

“Having lost two votes – both recognised as free and fair by the independent Elections Commission (EC) – the Gayoom family again turned to the courts for help,” the statement continues.

“Umar Naseer, a senior member of Gayoom’s political party [Progressive Party of Maldives (PPM)], lodged a case at the Supreme Court claiming that Musthafa had not been eligible to run for parliament because of an outstanding debt owed to the Bank of Credit and Commerce International (BCCI) – a bank which became insolvent and had its loans and debts taken over by the Maldives Monetary Authority (MMA).”

Musthafa at Supreme Court

After the MMA clarified to Musthafa that he did not have an outstanding debt, the EC decided that he was eligible to stand for the Thimarafushi seat.

However, Umar Naseer told Minivan News in May 2010 that Musthafa “has to pay US$31,231.66 (Rf401,326.83)” to the MMA and that the Civil Court ruled on August 28, 1997 that the debt should be paid by MP Musthafa and his company Seafood International Private Limited.

“We raised the issue at the Elections Commission (EC) during the parliamentary elections and the former president of EC said that there was no debt which should be paid by Mustafa,” Umar said.”That’s why I took it to the Supreme Court.”

Before Musthafa was summoned to court last Thursday – which prompted the MDP national council to pass a resolution to launch a protest – the Supreme Court last conducted a hearing on the case on March 17 this year.

At last Thursday’s hearing, Chief Justice Ahmed Faiz said the apex court wished to “clarify a few points after reviewing the case.”

The Supreme Court Justices asked Musthafa a number of questions regarding the case, including if he had issued a personal guarantee for the loan.

Musthafa said he had not given any personal guarantee and insisted that the loan was issued to Seafood International Pvt Ltd.

“Politicised”

Following the MDP’s protest alleging that the judiciary and the Judicial Services Commission (JSC) were subject to political manipulation by the opposition and members of the former government, opposition parties accused the ruling party of attempting to exert undue influence over the judiciary by “intimidating judges,” warning of “dangerous” consequences for the nation.

The MDP statement meanwhile contended that Musthafa’s case “fits a pattern whereby cases filed against MDP supporters and those who sympathise with the MDP are fast-tracked while more serious cases against family and friends of Gayoom never reach court.”

On August 29, Independent MP Ismail Abdul Hameed was abruptly summoned to the Criminal Court and sentenced to one year and six months banishment about 30 minutes before a crucial vote on the government’s Goods and Services Tax (GST) legislation. The Kaashidhoo MP had been voting with the ruling party on the economic reform bills.

The statement also referred to the corruption trial of Deputy Speaker of Parliament Ahmed Nazim, charged with multiple counts of defrauding the former Atolls Ministry, which remains “indefinitely delayed.”

In the statement, MDP Chairman ‘Reeko’ Moosa Manik accused senior judges of being “intent on defending the political and economic interests of their erstwhile friends and former paymasters from the regime of Maumoon Abdul Gayoom.”

In May this year, the JSC, the watchdog body charged with overseeing the judiciary, abolished its Complaints Committee citing “efficiency”, with complaints against judges subsequently forwarded for review by the legal section and Chair Adam Mohamed Abdulla, a Supreme Court Justice.

Last year the JSC received 143 complaints concerning the conduct of judges. By its own statistics none were tabled in the commission, and only five were ever replied to. Chair of the former complaints commission, Aishath Velezinee, was meanwhile stabbed in the street in January this year.

The JSC also failed to table or even acknowledge receipt of a report on the judiciary produced by the International Commission of Jurists (ICJ), which questioned whether the JSC’s possessed the technical ability and knowledge to investigate complaints and hold the judiciary accountable, as well as its independence.

Moosa went on to accuse the judiciary of “using the sanctity of judicial independence to protect the status quo and to remain unreformed. Nearly every judge appointed by Gayoom has retained his place on the bench – despite the fact that many of them have no legal qualifications whatsover.”

“We therefore look to our friends in the international community to help us address this difficult situation, and to support efforts to secure that which we all want – a strong, independent, professional judiciary, responsible to the needs of the society it serves,” the statement concludes.

Meanwhile in a statement released yesterday, the party revealed that its Councillor AbuBakr Fulhu “was unexpectedly called to the High Court for sentencing in a case originally brought in 2009 under Article 88(a) which contended that he had encouraged his brother to argue with a magistrate.

“The Criminal Court originally acquitted him, however, the local MP (an ally of Gayoom) has been pressing for a review by the High Court. Today, two years after the last hearing on the case, the High Court has suddenly summoned Aboo Bakr Fulhu for sentencing.”

The ruling party contended that the move was “clearly part of a concerted campaign, and we thus call on the international community to be vigilant. For example, senior members of Gayoom’s party, such as Umar Naseer, are informing the public about the outcome of cases against MDP supporters – before the verdicts have even been handed down, and are publicly predicting that many more MDP MPs will be brought before the courts and will be stripped of their seats”.

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Maldives rebranded as ‘always natural’

The Maldives has been officially rebranded with a new marketing slogan, ‘always natural’, and a fingerprint logo consisting of islands, corals, turtles, sharks and herons that transitions from blue to green.

The objective, said CEO David Keen of agency Quo, was to create a brand “in which Maldivians around the world can be proud.”

Speaking at the unveiling of the rebranding at the The Maldives Marketing and PR Corporation (MMPRC) today, Keen said the brand “should talk to the Maldivian people, about industry, sustainability and environmental challenges and successes the Maldives has had.”

“The slogan ‘always natural’ emphasises the huge influence the natural world has on the Maldives,” Keen added.

The new logo and slogan replace the Maldives’ existing 11 year-old branding, ‘The Sunny Side of Life’.

“The old tag line was more targeted towards the tourism industry,” said State Minister for Tourism, Thoyyib Mohamed Waheed, explaining that the new branding broadened the brand to attract investment in industries such as energy and fisheries.

The former national branding targeted tourism

“The last slogan was great for the European market,” added Managing Director of the MMPRC, Simon Hawkins, as visitors from countries such as the UK considered the sun a key drawcard. “But the number one market is now the Chinese, who don’t like the sun [as much]. We have to adapt to the market.”

Keen noted that the broader national branding would allow cross-marketing opportunities, such as stamping the logo on Maldivian products such as tins of tuna.

“A can of Maldivian tuna sold in Marks&Spencer or Waitrose is reaching exactly the market we need to reach for tourism,” added Hawkins.

The new branding was approved by the Cabinet today.

The Tourism Ministry has meanwhile published figures revealing an almost 15 percent increase in tourist arrivals in September 2011, compared to the previous year, and a 17.7 percent increase in arrivals for the first nine months of the year.

Tourist arrivals from traditional European tourism markets for the Maldives dropped in September, including the UK (10.3 percent) and Italty (16.6 percent). Chinese arrivals meanwhile increase 54 percent.

Visitors stayed an average seven nights in the country’s 24,480 beds, while the average occupancy rate was 71.5 percent across the country.

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Q&A: Shahida Zubair, Organic Maldives

Shahida Zubair is the founder of Island Organics Maldives Pvt. Ltd., which in 2007 funded the Maldives’ first organic farm on Maarikilu, Baa Atoll. In an interview with Minivan News, Zubair describes the methods which are transforming Maarikilu’s sandy and low-nutrient terrain into agriculturally productive and sustainable soil. The method could help reduce the country’s heavy dependency on foreign imports, fuel and pesticides while improving nutritional value and civilian economic independence.

Eleanor Johnstone: When, how and why was your farm established?

Shahida Zubair: The idea of starting an organic farm came from my experiences of visiting agricultural islands in Maldives. For years I have seen agricultural workers using highly toxic synthetic fertilisers and chemical pesticides on their crops, entirely oblivious and ignorant of the damage they cause the soil and the environment, not to mention expensive for the farmers themselves.

Simply explaining the concept of organic farming to these farmers was not effective, so I realised that my skills as an ecologist could be utilised to demonstrate the concept of organic farming, an ecologically sustainable form of agriculture which works in harmony with the environment. I therefore founded the company Island Organics in 2007, and began successfully cultivating and producing organically-grown produce on Maarikilu, Baa Atoll.

EJ: Was the idea of an organic farm in the Maldives original, and what responses did you get from officials or locals when you first proposed the project?

SZ: We have pioneered the concept of sustainable organic farming in the Maldives. Our farm began as a pilot project committed towards empowering local communities by demonstrating and teaching the skills, knowledge and technique of organic farming.

At first, the local community was sceptical and expected us to give up quickly as they thought we would not be successful.  However officials from the Ministry of Fisheries and Agriculture have been very supportive and encouraged us throughout our trials. We believe we have an excellent partnership with them as they have always given us advice and direction whenever we requested for it.

We host people from the local communities, especially women and youth, on field visits to our farm, so that they can see firsthand the methods we are using for farming organically and how to prepare and use biological pesticides safely. We demonstrate the method of composting so that they can implement it in their home gardens and become self-reliant, instead of buying expensive synthetic fertilisers and proved that crops can be protected using biological pesticides effectively instead of chemical pesticides which are harmful to them and the environment.

On September 25th, 2011, we hosted a field visit of 40 people from Dharavandhoo, Baa Atoll. Thirty of them were Certificate Level participants of the sustainable agriculture course “Promoting community resilience to climate change”, organised by the NGO Live & Learn, in collaboration with Ministry of Fisheries and Agriculture. The field visit was very successful, the majority of the participants were women who were very eager to stop using artificial fertilisers and chemical pesticides and start making their own compost in their home gardens, especially after realising that it is more beneficial financially and environmentally.

Four extra field visits have been organised in the near future by the Ministry of Fisheries and Agriculture and Live & Learn, with participants from Kihaadhoo, Kamadhoo, Maalhos and Kudarikilu, Baa Atoll.

EJ: What types of food do you grow, or plan to grow?

SZ: We currently cultivate papaya, aubergine, several varieties of chilli pepper, pumpkin, butter nut squash, gourds, cucumber, radish, beet root, rocket salad, cabbage, lemon grass, Maldivian breed of free-range organic chickens and Dhiyaa Hakuru (Coconut Sugar Syrup). We hope to expand and produce organic virgin coconut oil, granulated coconut sugar and canned coconut milk.

EJ: Many studies have concluded that the Maldivian terrain is unsuitable to farming–what’s your methodology?

SZ: Our methodology is an alternative to synthetic fertilisers. We prepare the fields using a mixture of shredded coconut husk, organic compost, green manure and ash, all of which are prepared on site. Other natural soil fertilisers are sourced locally, such as fish bone meal from islands such as Felivaru, and seaweed from Hithaadhoo and Thulhaadhoo. By limiting the source of these materials to local suppliers, we are striving to strengthen the local economy and ensure that suppliers in the Maldives are economically supported. These resources form part of the crucial nutrient cycle as composting improves the soil structure, helping to retain moisture and provide nutrients. Organic compost is undeniably superior to synthetically produced fertilisers. A nutrient rich soil produces healthy plants which are consequentially better able to resist insect and disease attacks; therefore the dependence on chemical pesticides is eliminated.

The model we have been implementing on the farm for the last four and half years is simple and cost effective because we use renewable resources to fertilise our crops. This is therefore sustainable and can easily be replicated in home gardens and on other agricultural islands. It also contributes to food security because soil remains fertile over a long period of time. This simple model empowers communities by being self-sufficient and self-reliant, as well as economical because residents do not have to depend on imported synthetic fertilisers and chemical pesticides.

The soil in most islands is not fertile and due to the sandy condition does not retain nutrients for a long period. It is possible however, to convert it to fertile soil using the methods we are implementing on the farm. The process of composting in Maldives is surprisingly fast due to the warm temperature and high humidity of our climate. Organic matter breaks down into compost within 3-4 months due to bacterial activity. So, yes it is an astonishingly fast process with wonderful results. Since we have been able to achieve success, we believe anyone can replicate this model almost anywhere in the Maldives with a bit of hard work and patience. The appeal is simple implementation.

EJ: How does the Organic Farm reflect the growing global trend of sustainable living and organic agriculture?

SZ: Over the last few years, consumer demand for sustainably produced food has increased rapidly.  The global trend towards living sustainably is becoming more popular and efforts to reduce the carbon footprint are increasing daily. The future of agriculture is sustainable small farms with self-reliant communities. The current use of synthetic fertilisers and chemical pesticides has been proven to be unsustainable and harmful to the environment. As we have been reducing our reliance on fossil fuels (by using solar energy) and only use natural fertilisers, our farm reflects the growing trend for sustainability.

EJ: What could organic farming do for Maldivians, and for the national economy?

SZ: Because the produce can be consumed immediately, the fruit and vegetables have higher nutrients and so are healthier for us. Food miles are non-existent, saving on the damaging greenhouse gas emissions associated with our modern food chains. Waste is more or less eliminated from going into landfills because they are being composted and turned into fertiliser. And by managing their home gardens using organic principles, locals will encourage bio-diversity, thereby helping improve their local environment.

At present, Maldives is heavily dependent on imports, especially food and energy. One way of reducing this dependency is through organic farming which contributes towards food security by strengthening the agricultural sector. It will increase income opportunities, strengthen our livelihoods, improve nutrition, thereby improve our quality of life. It will also reduce dependency on expensive imports of synthetic fertilisers and chemical pesticides and instead we can become self-sustaining using local resources.

EJ: What do you see happening next in the country’s agricultural sector?

SZ: We are facing rapidly rising fuel costs; undeniably the way forward is sustainable agriculture using renewable energy technology in the agricultural sector. We should start implementing types of renewable energy such as solar and wind energy, biomass fuelled from waste.

Currently there is a rising interest in hydroponics. However, I believe that organic farming is a far more efficient and sustainable form of agriculture, especially as water is such a precious commodity in the Maldives.

It is my belief that it is imperative for small farms to transition to an ecologically managed system of agriculture if they are to be competitive and sustainable in the long run. Our method of sustainable organic farming is a combination of crops and livestock, with poultry and goats. Chickens and goats all provide a source of income and supply manure which we use as a fertiliser for our crops. This integrated system of crops and livestock on small farms can be more competitive because they can be more energy-efficient and self-sustaining.

The stakeholders involved in the agricultural sector should realise that the only way forward in such a fragile environment as the Maldives is by farming organically. It is the only method where we can preserve and conserve our soil, fragile aquifers and our marine environment, as well as adapt to climate change.

I feel that we as a nation are at the right moment to launch this type of sustainable agriculture which has enormous potential for the local market. It also is very appealing for the tourism industry as we can offer locally grown quality organic produce to our luxury hotels instead of importing produce grown in other countries.

The Organic Farm plans to expand its current workforce of ten by hiring and offering internships to locals. The farm is currently self-sufficient, operating on profits earned from produce sales.

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Police considering legality of 300 arrests in wake of Criminal Court’s release of Gassan

The Maldives Police Service is reviewing the legality of a number of arrests made under article 46 of the constitution, after the Criminal Court ruled last night that the arrest of Gassan Maumoon, son of former President Maumoon Abdul Gayoom, was unlawful.

Police Sub-Inspector Ahmed Shiyam explained that police were studying the cases to determine whether the arrests were lawful in light of the Criminal Court precedent, and considering releasing the suspects.

Chief Judge Abdulla Mohamed ruled last night that Gassan was arrested in violation of article 46 of the constitution and a Supreme Court precedent establishing criminal justice procedures.

Article 46 states, “No person shall be arrested or detained for an offence unless the arresting officer observes the offence being committed, or has reasonable and probable grounds or evidence to believe the person has committed an offence or is about to commit an offence, or under the authority of an arrest warrant issued by the court.”

Gassan’s lawyers argued at court that as the former President’s son was taken into custody without an arrest warrant after he was summoned for questioning, the circumstances of his arrest does not fit the exceptions provided for in the constitution where suspects could be arrested without a court order.

Sub-Inspector Shiyam however said there were “dangerous criminals we have arrested following the same procedure for committing offences such as child molestation, drugs and assault and battery.”

Police were currently reviewing the cases of “over 300” suspects to determine if their arrests were constitutional, he said.

Responding to the legal arguments from Gassan’s lawyers at the Criminal Court hearing yesterday, Police Superintendent Mohamed Jinah said if Gassan’s arrest was unlawful, “every one police have arrested and brought before the court [for extension of detention] was arrested in violation of the constitution.”

Jinah insisted that the arrest was lawful as police had reasonable grounds to suspect Gassan had committed a crime and were prepared to submit early evidence for an extension of detention.

Speaking to Minivan News today, Progressive Party of Maldives (PPM) Spokesperson MP Ahmed Mahlouf said the police statement was intended to “put the lid on Gassan’s arrest,” which he said had drawn public anger towards the government.

Mahlouf noted that only the Criminal Court, High Court or Supreme Court could order the release of suspects held in remand detention and “not the President’s Office or Home Ministry.”

“And the only way to change a Criminal Court ruling is to appeal it at the High Court,” he said, adding that the Supreme Court precedent in July 2010 established that only the Prosecutor General could file such appeals.

The PPM also filed three complaints at the Police Integrity Commission (PIC) regarding Thursday’s disturbances, Mahlouf said, which involved the police reaction to the MDP protest outside the Supreme Court and police failure to intercede when MDP activists damaged the property of the former President.

The party also filed a complaint about the summons chit sent to Gassan Maumoon, he continued, which he argued was “unlawful” as the former President’s son had exercised his right to remain silent when he was first summoned on Saturday.

The PIC had invited PPM members for a meeting regarding the complaints at 12:00pm tomorrow, he said, adding that the commission had formed three committees to investigate the matter.

Two activists of the ruling Maldivian Democratic Party (MDP) arrested for their involvement in disturbances outside the former President’s residence, Endherimaage, last Thursday were meanwhile released from custody today.

The Criminal Court yesterday approved a five-day extension of detention for MDP activist Ilham. Following his release last night, Ilham’s lawyer Abdulla Haseen said Gassan was arrested on suspicion of endangering a person’s life while Ilham was arrested on suspicion of damaging personal property during Thursday’s protest.

But, said Haseen, while Ilham was handcuffed and had his detention extended by the court, Gassan was treated very differently.

Supporters of the former PPM attacked Housing Ministry’s State Minister Dr Mohamed Shareef yesterday when he arrived from a conference in Bandos while PPM activists were demonstrating outside the police headquarters.

Sub-Inspector Shiyam said today that no arrests had been made yet in connection with the attack, footage of which was shown on Villa Television yesterday. The PPM supporters also stormed into the Home Ministry and met with senior officials to complain of Gassan’s arrest.

No-confidence

President’s Office Press Secretary Mohamed Zuhair meanwhile told Minivan News that in the wake of yesterday’s Criminal Court ruling, “all the arrests made in the past using the same procedure will be unlawful.”

Zuhair revealed that a team of senior police officers met with Prosecutor General (PG) Ahmed Muiz today to discuss the implication of last night’s precedent.

“He did not speak on the issue and rather questioned the police about some past incidents that he asked police to investigate and told the police to leave the PG Office immediately,” Zuhair said.

Following the actions of the PG, said Zuhair, the executive believed the government could no longer work with him.

“We will file a no-confidence motion against him [in parliament] very soon,” he said.

PG Muiz was unavailable for comment today.

PPM Spokesperson Mahlouf said the party would do “everything we can to save the PG” and such targeting of independent institutions the government was displeased with was “unacceptable.”

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Parliament cancelled over convicted MPs’ attendance

Parliament was adjourned 15 minutes into the sitting yesterday after opposition MPs protested the presence of Independent MP for Kaashidhoo Ismail Abdul Hameed, who was convicted of corruption on August 29 and sentenced to one year and six months banishment.

Hameed had since appealed the Criminal Court verdict at the High Court, which held a first hearing yesterday.

Responding to points of order raised by MPs Ilham Ahmed, Ali Arif and Ahmed Mahlouf objecting to his presence in the chamber, Hameed said he was “on holiday” from October 2 to November 22.

“I don’t believe there is any legal obstacle to my attending the Majlis,” he said.

Speaker Abdulla Shahid said parliament had not informed the Kaashidhoo MP that he could not attend sittings, noting that Hameed had the right to appeal the Criminal Court verdict.

After a series of consecutive points of order from both opposition and ruling party MPs, Shahid adjourned the sitting to discuss the issue with parliamentary group leaders.

Parliament Secretary General Ahmed Mohamed confirmed to Minivan News that MPs were informed that today’s sitting was cancelled to allow the Speaker to resolve the dispute through dialogue with the Majority Leader and Minority Leader.

A decision had not yet been made on going ahead with tomorrow’s sitting, he said.

Under article 73(c)(3) of the constitution, MPs found guilty of a criminal offence “and sentenced to a term of more than twelve months” would be stripped of their seat.

Article 78 of the constitution meanwhile states that “whenever there is a vacancy among the members of The People’s Majlis, an election shall be held within sixty days from the date of the vacancy. A by-election shall not be held within six months prior to a general election.”

Brawl in committee room

MP Ilham AhmedMeanwhile, a brawl broke out between MPs of the ruling Maldivian Democratic Party (MDP) and opposition Progressive Party of Maldives (PPM) MPs at an Economic Committee meeting yesterday.

PPM Media Coordinator and MP for Vili-Male’ Ahmed Nihan told Minivan News that MDP MP Ibrahim Rasheed threw a glass at MP Ilham.

“Bonda hit Ilham with the glass when he said that the [committee] meeting will unlawful if it was continued with MP Abdul Hameed,” Nihan said. ”He was injured and was admitted to ADK hospital after his chest was continuously bleeding.”

MP for Maafanu South Ibrahim Rasheed however denied the allegations and accused Ilham of “misleading the public.”

”He made that up and it is a big lie,” Rasheed said. ”I did not hit him.”

Speaking to private broadcaster Villa TV from ADK hospital yesterday, Ilham said yesterday’s sitting became heated over the convicted MP’s presence and the matter of a motion without notice submitted by opposition MPs regarding the MDP protest outside the Supreme Court not being tabled in the agenda.

“After the sitting was adjourned, we went to the committee,” he explained. “Even though we’re not members of the Economic Committee, we do attend meetings and speak there. We can speak even though we’re not members. We just can’t participate in voting. I said this is unlawful [with Hameed in attendance] and committee meetings could only take place after this is solved.”

Ilham said his remarks led to acrimonious verbal sparring between MPs, during which Bonda got up and threw the glass at him.

Secretary General Ahmed Mohamed told Minivan News today that a police forensic team arrived at parliament shortly after the incident and commenced an investigation.

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Expat nurse working in Gulhi raped

Police have arrested two men and a minor on suspicion of raping an Indian nurse working in the island of Gulhi in Kaafu Atoll.

Deputy Chair of the Gulhi Island Council, Abdulla Shiham, told Minivan News that the incident occurred last Friday night.

“That night a council member was phoned and informed about the incident at 12:30am in the morning,” he explained. “I myself went to the house where the nurse was staying and we reported it to the police right away. Police arrived the next morning because the weather was bad and no speedboat was available at the time.”

Police started their investigation the following morning, said Shiham, and arrested a 19 year-old, a 24 year-old and a minor.

“The nurse has worked for the island for almost five years and she has helped the islanders in many ways,” he continued. “We condemn this action with the strongest possible terms and we call on police and judiciary to give them the harshest penalty possible, even to the minor.”

Islanders were all frustrated and sad about the incident, the council chair said.

“When the doctor in the island health centre goes for vacation the nurse will not let us feel the absence of the doctor, she cares for the islanders very well, even if we asked she would open the health centre at midnight,” he added.

While the nurse wanted to come back to work for the island, Shiham said her husband did not want her to stay there any longer and she left the next day.

Police Sub-Inspector Ahmed Shiyam confirmed the arrests were made and said the investigation was underway.

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Criminal Court rules Gassan arrest unlawful

Criminal Court Chief Judge Abdulla Mohamed ruled tonight that police arrested Gassan Maumoon in violation of the constitution and a Supreme Court precedent establishing criminal justice procedures after his lawyers filed an application for a writ of ‘habeas corpus’, or release from unlawful detention.

After the case was filed this afternoon, the court issued an order to the police to bring Gassan to the court before 4:00pm today.

Gassan’s legal team, including former Attorney General Azima Shukoor and former President Maumoon Abdul Gayoom’s lawyer Mohamed Waheed Ibrahim ‘Wadde’, argued that Gassan’s arrest after being summoned to police headquarters at 10:00am was in violation of article 46 of the constitution.

Article 46 states, “No person shall be arrested or detained for an offence unless the arresting officer observes the offence being committed, or has reasonable and probable grounds or evidence to believe the person has committed an offence or is about to commit an offence, or under the authority of an arrest warrant issued by the court.”

Gassan’s legal team also claimed procedural violations in the arrest based on the precedent established by a Supreme Court ruling (page 11 point 11) in July 2010 overturning a High Court ruling extending the arrest of MPs Abdulla Yameen and Gasim Ibrahim.

Azima argued that the precedent established that the burden of proof falls on the state before arresting suspects.

Noting that police did not seek a court order for Gassan’s arrest, which was the “established norm,” Azima said the circumstances of his arrest did not fall under exceptions provided for in the constitution where police could arrest suspects without an arrest warrant.

Gassan’s lawyers noted that he was arrested four days after the incident took place.

In the absence of a Criminal Procedures Act, said Azima, the precedent should be followed in interpreting article 46 of the constitution.

Moreover, she added, Gassan was arrested through “deception” as “my client did not present himself to police to be arrested.”

Gassan was first summoned for questioning last Saturday concerning disturbances outside his residence Endherimaage on Thursday during a protest by the ruling Maldivian Democratic Party (MDP).

The protesters were calling for judicial reform, alleging that the judiciary and the Judicial Services Commission (JSC) were subject to political manipulation by the opposition and members of the former government.

During the protest a 17-year-old boy was struck on the head with a wooden plank allegedly thrown from Endherimaage while protesters led by MDP MPs, councillors and senior members were outside the former President’s residence.

Responding to Azima’s arguments at court today, Police Superintendent Mohamed Jinah insisted that the arrest was lawful as police had reasonable grounds to suspect Gassan had committed a crime and were prepared to submit early evidence.

If Gassan’s arrest was unlawful, said Jinah, “everyone police have arrested and brought before the court [for extension of detention] was arrested in violation of the constitution.”

Jinah suggested that Gassan’s legal team was “concerned that we might present evidence” and that the legal argument bore “no weight.”

The top police attorney submitted documents containing early evidence for the judge’s considering, including a medical report of the injuries sustained by the 17-year-old, photos, witness statements and “evidence we collected from the scene.”

The evidence was submitted despite the hearing being held on the case filed by Gassan’s lawyers contesting the legality of his arrest. Police were due to bring the former President’s son before court at 7:00pm to determine if his detention could be extended.

Jinah said police had reason to believe the investigation could be compromised if Gassan was released from custody.

Although the early evidence was not shared with the defence counsels, Azima argued that witness statements were invalid as they would have come from “people participating in an unlawful assembly.”

When Azima contended that the police claims conflicted with media reports on Thursday’s incidents, Jinah noted that “different media reported the same incident in very different ways.”

Gassan’s lawyers meanwhile submitted as counter-evidence photographs and video footage showing an MDP protester carrying a wooden plank. The footage was first aired on private broadcaster DhiTV challenging the MDP’s contention that the wooden plank was hurled from a second floor balcony of Maafanu Endherigas.

Azima argued that the nature of the evidence submitted was not enough “to establish a causal link between the suspect and the crime.”

When Gassan’s lawyer Maumoon Hameed criticised police for not examining “publicly available video footage,” Jinah said police had requested video footage from media outlets as well as footage caught on private security cameras.

Supporters of the former President’s newly-formed Progressive Party of Maldives (PPM) were camped outside the Justice building for the duration of the hearing carrying “Free Gassan” placards and celebrated with loud cheering when Gassan emerged from court.

Later in the day, activists of the ruling party gathered to protest outside the Supreme Court behind police lines. A heavy police presence kept the rival protesters at opposite ends of the court building.

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