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Judge frees Nazim from all corruption charges: “acts not enough to criminalise”

The Criminal court has dismissed three remaining counts of fraud against Deputy Speaker of Parliament Ahmed Nazim, stating that his “acts were not enough to criminalise him”.

All four cases against Nazim concerned public procurement tenders of the former Atolls Ministry secured through fraudulent documents and paper companies.

Judge Saeed Ibrahim on Wednesday ruled that two counts of fraud against Nazim – for setting up several paper companies to win a bid worth US$110,000, provide 15,000 national flags for the atolls ministry in 2003, and a similar tender worth US$92,412 to provide 15,000 national flags in 2005, could not be prosecuted.

The third count – conspiracy to defraud the ministry in 2003 in a similar manner to win a public tender for procuring US$115,758 worth of mosque sound systems – was also dismissed.

Wednesday’s rulings came following a similar decision by the court on Tuesday that Nazim cannot be prosecuted for the 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.

With the court’s decision to not prosecute Nazim over any of the counts, he has now been cleared of all the charges filed against him following the police investigation into the tender and procurement fraud first flagged in a ministry audit report released in early 2009.

During the three year trial, prosecutors maintained that Nazim laundered cash through Namira Engineering while he was the company’s Managing Director, by setting up several unregistered or paper companies and using Namira’s equipments and staff to bid for public tenders on those companies name.

According to the audit report, the auditors have found evidence linking those companies to Nazim with phone and fax numbers stated on the bidding documents registered under his address while the company shareholders were same people working at Namira or relatives of Nazim.

Then-employees of Namira testified under oath that they were instructed by Nazim to bid for the projects – however, the residing judge concluded from their testimonies that they were responsible for the procurement fraud and therefore dismissed the testimonies against Nazim on all counts, adding that they were all alike.

The judge also concluded that Nazim’s “acts were not enough to criminalise” him legally.

If Nazim had been found guilty, he would have been ordered to pay a total sum of US$345,170 paid by the state for the projects and sentenced to between one to six years imprisonment.

Under provision 131 of the penal code, an extra month will be added to the jail sentence for every additional Rf1,000 if the fraudulent transaction exceeds Rf100,000.

According to article 73 of the constitution, an MP convicted for over one year in jail will lose his seat.

Meanwhile, rulings are still pending on fraud charges filed against Atolls Minister Abdullah Hameed [half brother of former President Maumoon Abdul Gayoom] and Eydhafushi MP Ahmed “Redwave” Saleem, former director of finance at the ministry who were implicated in the case.

At a press conference in August 2009, Chief Inspector Ismail Atheef said police had uncovered evidence that implicated Nazim in fraudulent transactions worth over US$260,000 (Mrf 3,446,950).

Police exhibited numerous quotations, agreements, tender documents, receipts, bank statements and forged cheques proving that Nazim received over US$400,000 in the case.

A hard disk seized during a raid of Nazim’s office in May allegedly contained copies of forged documents and bogus letter heads.

Police further alleged that MP Saleem actively assisted from the atoll ministry while Nazim’s wife Zeenath Abdullah had abused her position as a manager of the Bank of Maldives’ Villingili branch to deposit proceeds of the fraudulent conspiracy.

Police said Hameed, played a key role in the fraud by handing out bids without public announcements, making advance payments using cheques against the state asset and finance regulations, approving bid documents for unregistered companies and discriminatory treatment of bid applicants.

Despite the allegations, Nazim had steadily pleaded not guilty.

Minivan News could not reach Nazim at time of press.

However, in an interview to the local media outlet Sun following the rulings, Nazim claimed the  four cases were baseless and had been leveled at him by former President Mohamed Nasheed’s administration, using false evidence.

He welcomed the ruling as a testimony to the existence of an independent judiciary: “”Today we are guaranteed of the existence of an independent and trustworthy judiciary. Former President Nasheed an the MDP will now believe we have an independent judiciary, because they know that the four cases were schemed with manufactured evidence. These are are absolutely untrue and baseless cases.”

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PIC to investigate allegations of police violence

The Police Integrity Commission (PIC) has launched an investigation into accusations levelled at police from February 6-8.

President of the Commission Shahinda Ismail said the period included the conduct of police during the protest on February 6 in which police sided with opposition demonstrators, the attack by police on the Maldivian Democratic Party (MDP) headquarters, their involvement in the demonstrations that led to Nasheed’s resignation on February 7, and the crackdown on demonstrators on February 8.

Allegations of excessive force used to make arrests in other parts of the country would also be investigation, Shahinda said..

“Every accusation against the police will be investigated. The whole committee has diverted all its attention to carrying out this investigation,” local newspaper Haveeru reported her as saying.

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MDP and pro-government parties all planning rallies tomorrow

Political parties both supporting the current government of President Dr Mohamed Waheed Hassan and Maldivian Democratic Party (MDP) of ousted President Mohamed Nasheed are planning rallies on Friday.

MDP will hold “Women’s rally for justice” tomorrow evening, calling for early elections. In a statement on the party’s official website, president of the party’s women’s wing, Shiyama Ahmed said “Our rally is to be held in all major streets of the capital Male’ to express our concerns. We shall call for the immediate stepping down of this ‘coup’ government and demand a date for early elections.”

According to Shiyama, the rally will commence near the Social Centre in Maafannu ward at 3.45pm, and conclude near the tsunami monument on the other side of Male’.

The MDP has also planned a ‘sleepover’ event tonight near the tsunami monument, part of their ongoing protest against the government. Nasheed’s party alleges that Dr Waheed’s government illegally came into power through a police mutiny, and are calling for early presidential elections.

The coalition of parties supporting President Waheed’s government have also meanwhile planned a rally on Friday evening at the artificial beach, just a short distance from the MDP’s protest, in which they will call on the government to take legal action against those who were involved in the arson attacks on local police stations and government offices on February 8, after a police crackdown on MDP supporters.

Spokesperson of former President Maumoon Abdul Gayoom’s Progressive Party of Maldives (PPM), MP Ahmed Mahlooof, said during a press conference yesterday said that the rally held by the coalition would take place at the artificial beach tomorrow evening at 4:00pm.

Mahloof stated that the different parties in the coalition were jointly working on to bring as many people from the islands to the capital Male’ for the rally, and said that many were willing to come and take part in the event.

Mahloof further stated that they had asked the Male’ City Council for the permission to hold the rally near the tsunami monument, but had instead been given the artificial beach area. Mahloof alleged that the MDP had taken hold of the Male’ city council.

“I have a feeling the two crowds will meet at some point tomorrow,” an MDP-linked source told Minivan News. “This is going to be a numbers game. We are demanding an election date.”

Former President Mohamed Nasheed has meanwhile travelled south to meet supporters in Addu, and is expected to return before the weekend’s protests.

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‘Coup of opportunity’ derails Maldivian democracy: Reuters

It was an ordinary blue felt pen, and not a bullet, that killed Mohamed Nasheed’s term as the first democratically elected president of the Maldives, writes Bryson Hull for Reuters.

“After rising to acclaim as a champion of democracy and action against climate change, Nasheed is now back on the streets where he led a nearly two-decade campaign to bring full democracy to an archipelago ruled more like a sultanate.

A Reuters investigation, drawing on more than a dozen interviews including with witnesses who have not spoken out before, reveals a coup of opportunity that capitalised on opposition discontent, political missteps and police and troops loyal to the old order.

Nasheed says a cabal of former regime strongmen conspired with opposition leaders to force him to make a choice: resign in two hours, or face the introduction of live ammunition into a duel between loyal and rebelling security forces, then only being fought with batons and rubber bullets.

“The generals were in league with the mutinous police,” Nasheed said at a recent news conference, acknowledging that he had erred in not clearing out officers loyal to Gayoom.

“We never did a purge of the military. We have a history of murdering our former leaders and I wanted to change that.”

Even as the Commonwealth urges an investigation and new President Waheed has proposed a presidential commission to investigate his own ascendancy, military leaders have taken no chances.

They have emptied the four armories around Male and put the weapons inside the MNDF headquarters after some tense squabbles between factions inside the forces, three sources told Reuters.

This week, the criminal court threw out several graft cases against opposition figures, a sign of the old impunity provided by a pliable and poorly educated judiciary.

Nasheed’s supporters remain on the streets in peaceful protest, demanding an election be held before it is due in October 2013, which the new president has said he will do if the conditions are right.

“I think it is important that democracy be upheld there, and there is concern that the president (Waheed) might find himself heavily influenced by the previous Gayoom regime,” a diplomat from a Commonwealth country told Reuters.

“There must be no return to the pre-2008 days. The importance of the early elections it to ensure there is a clear democratic mandate.”

Read more

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President Waheed appoints Abdulla Jabir as Special Trade Representative

President Dr Mohamed Waheed Hassan has appointed businessman and Chairman of Yacht Tours Abdulla Jabir as the Special Trade Representative of the President’s Office, at ministerial level.

Jabir, now the deputy leader of fellow businessman Gasim Ibrahim’s Jumhoree Party (JP), has also been a member of both the Maldivian Democratic Party (MDP) and the Dhivehi Rayyithunge Party (DRP).

Jabir’s wife, Dhiyana Saeed, was the former Secretary General of SAARC prior to her resignation in protest over the detention of Chief Judge of the Criminal Court, Abdulla Mohamed.

The Tourism Ministry under Nasheed’s government sent a letter to the Finance Ministry in August 2011 requesting that “measures be taken” against Alidhoo and Kudarah Resorts, run by Jabir’s Yacht Tours company, for non-payment of outstanding rent and fines.

Then Tourism Minister Mariyam Zulfa also requested action against Giraavaru Island Resort (owned by Abdul Rauf, M. Sunrose), Kihaadhupparu Island Resort (Athamaa Marine International) and Zitali, Filitheyo and Medhufushi (owned by the family of MDP MP Hamza and Economic Advisor to former President Nasheed, Ali Shiyam).

Alidhoo was also the scene of a strike in July 2011 after staff alleged that allowances had not been paid for the previous three months, including service charge and overtime.

The management first told staff that the payments were delayed because the chairman of the company [Jabir] was not in the Maldives, “and when he came back, they said the banks were not giving money to the resorts – how can we believe them now?” a staff member alleged at the time.

The resort’s management dismissed 12 employees following the strike.

Yacht Tours also won a high profile civil court case in January 2010 against the Maldives Tourism Promotion Board (MTDC), after a long-running dispute over Herathera Island Resort.

MTDC had claimed that Yacht Tours had been running Herathera Island Resort without paying rent and took the company to court. In May 2009 Yacht Tours was ordered to pay US$8 million in outstanding rent to MTDC.

However in 2010 MTDC agreed to pay Yacht Tours US$3.5 million to end the dispute, as at one stage 600 staff had been employed to look after 28 guests.

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New government meets US Ambassador, Rajapaksa

President Dr Mohamed Waheed Hassan yesterday met United States Ambassador to the Maldives Patricia A Butenis.

According to a statement from the President’s Office, discussions were primarily on the current political situation in the Maldives.

“Particularly, the President briefed Ambassador Butenis on the National Unity Government and the progress of its Roadmap,” the statement read.

Vice President Designate Mohamed Waheeduddeen meanwhile met with President Mahinda Rajapaksa in Sri Lanka.

Visiting Sri Lanka as a Special Envoy of President Dr Mohamed Waheed, Waheeduddeen presented a letter to the Sri Lankan President, on his behalf.

“At the meeting, Waheeduddeen noted the close relations established between the two countries, and discussed hopes for further enhancing the ties both the countries share,” a statement read. “Further, Mr Waheeduddeen expressed his gratitude to the Sri Lankan government for the aid and support being provided to the Maldives.”

Dr Waheed’s political advisor, Dr Hassan Saeed, yesterday met with the Commonwealth in the UK, representing the new government. Former Maldives High Commissioner to the UK, Dr Farahanaz Faizal, represented former President Mohamed Nasheed.

Dr Saeed was also interviewed on the BBC.

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Comment: The Maldives will not survive just on fish and tourists

The world is watching how Dhivehin are struggling to shape up their future by fighting seriously to give up their banana republic and become a player in the big league of democracy.

This is not an easy task, as we in Europe, heirs from ex-fascist countries, know. Changing a system and a mindset requires effort, dignity, time and a strong will to not want to go back in time. Democracy maybe is not perfect but it is by far the best and the most respectful ruling system we can have in a globalised world.

A democratic party system, that necessarily goes hand by hand with respect for the law, is the way to up the value of a country by giving its citizens a determinant role and thus use all the existing potential in the country.

It is clear that under a dictatorship regime this is not feasible. Dictators, like all authoritarian and nepotistic rulers, have only one main goal: become the owners of the country and sponsors of the body and soul of their people, thus owning their life by shaping up slavery either physically or psychosocially, just like old fashioned little kings. The Maldives has already had enough of this.

It is not easy to move from dictatorship to freedom as, like the dog that has been beaten for years, people when free from the hand of the master will tend to go wild and think that anything is possible. That is not democracy. Certainly a coup d’état is not democracy. Dictatorship always gives a false feeling of peace not because there is real peace but because the leash is on, permanently struggling people’s throat.

It is not possible to develop a country in a state of permanent harassment even if disguised of social peace. The core indicators of a country willing to develop are: work for all, freedom, law and respect for people, culture, health and intellectual development. At the moment Maldives lacks from all these in one way or another.

The Maldives – with a basic income from fish (sea resources) and tourism (food will always be an asset, nut tourism is a volatile business), will not be able to develop without offering more to the world. Strategies might be to attract different casts of tourists, with more or less money, but still, tourism is a fairly young industry in the country – only 30 years old. So far so good, however, it cannot be seen as the permanent chicken of the golden eggs. One day the chicken will get old and no more eggs will enter into the basket.

The Maldives, to survive in years to come, needs to offer added value beyond sea protein and nice sunny water bungalows, and it is a fact that in the present industrial and commercial world panorama that is not possible without an evolution of the Dhivehi society. The Maldives is condemned to develop, yes or yes. There is no way back.

The leash, sort of saying, cannot be on anymore and needs to be released unless the population wants to go back in time. That doesn’t seem to be the case.

In a global market, a country is no longer free, certainly neither from a production-commercial point of view nor from a political one as the world has become small, and it will be even smaller in 30 years’ time with supersonic jets and the communication generation. The only way to progress is by enhancing the development of society, opening up the creativity that will lead to discover new resources, give added value to the world and play accordingly.

Maldives is today in a cross roads, and its people need to take a decision on where to go. The possibilities are not that many, I’m afraid.

The author lives in Spain, has a business and marketing degree from ESADE, is the CEO of an international management coach company and a former owner of a Maldives private company.

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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Commonwealth suspends Maldives from CMAG, calls for “formal” investigation with “international participation”

The Commonwealth Ministerial Action Group (CMAG) has refrained from declaring whether the resignation of President Mohamed Nasheed was constitutional, but has called for a “formal” independent and impartial investigation with the involvement of international partners.

In a press conference held in London on Wednesday, CMAG noted the formation of an inquiry by the new Maldivian government, but said it “strongly felt that there should be international participation in any investigative mechanism, as may be mutually agreed by political parties in Maldives.”

Echoing calls from other international bodies including the European Union, the Commonwealth called on President Waheed and former President Nasheed “to commence an immediate dialogue, without preconditions, to agree on a date for early elections, which should take place within this calendar year.”

Such a dialogue, CMAG urged, “should facilitate the opening of the Majlis (parliament) session as scheduled on 1 March 2012.”

“This dialogue should lead to collaboration on the passage of the necessary constitutional amendment for the holding of early elections, as well as such legislation that needs to be passed to ensure peaceful, inclusive and credible elections,” CMAG stated.

CMAG further expressed “strong concern” at the ongoing arrest warrant issued against former President Nasheed, “and urged that this issue be addressed in order that his ability to participate fully in the electoral process is not prejudiced.”

Furthermore, “given the questions that remain about the precise circumstances of the change of government, as well as the fragility of the situation in Maldives, CMAG decided that Maldives should be placed on its formal agenda.”

The Maldives would no longer participate in the Commonwealth Ministerial Action Group while it remained on the Commonwealth’s watch list, the statement added, however the country would not be suspended from the Commonwealth itself.

“The Group further agreed that, in line with the agreed parliamentary agenda and matters emerging from the dialogue, the Commonwealth should enhance its technical assistance to Maldives to help build capacity in such areas as the Judiciary and the Parliament, and that of the Elections Commission, as well as to promote adherence to democratic values and principles.

“In particular, it urged the Commonwealth to support the Elections Commission as well as to engage with all stakeholders towards ensuring the credibility and peaceful conduct of the next elections. It recommended the expeditious development of a code of conduct for political parties in the lead-up to the elections.”

Responding to questions at the London press conference, CMAG stated that the circumstances of Nasheed’s resignation “remain unclear to us” and said that “a more formal inquiry is needed, with international support.”

“Both parties have requested the help of the secretariat, and CMAG has made clear it is fully supportive and will lend what support it can.”

The Maldivian Democratic Party (MDP) issued a statement on Wednesday evening “fully endorsing” CMAG’s recommendations.

“First, that an independent and impartial investigation of the events of 6-7 February should be completed in a transparent manner within a reasonable timeframe, and that there should be international participation in any investigative mechanism, as may be mutually agreed by political parties in Maldives. MDP notes that, unfortunately, Dr Waheed has already failed to comply with this recommendation,” the party said, referring to his appointment of two former ministers of Gayoom’s regime to the inquiry commission, including the former defence minister.

“Second, that key parties to the crisis should commence an immediate dialogue, without preconditions, to agree on a date for early elections, which should take place within this calendar year. The MDP remains ready to participate in serious discussions in this regard with other political parties that have a democratic mandate.”

“Third that such a dialogue should facilitate the opening of the Parliament session as scheduled on 1 March 2012, which should in turn lead to collaboration on the passage of the necessary constitutional amendment for the holding of early elections, as well as such legislation that needs to be passed to ensure peaceful, inclusive and credible elections. MDP believes securing such amendments should be the sole focus of the new parliamentary session. Other parliamentary business, including the annual Presidential Address, must be cancelled.”

“Fourth, the decision to appoint a Special Envoy to the Maldives, and the call for all sides to respect human rights and refrain from violence and incitement.”

The MDP further agreed with CMAG’s decision to suspend the country’s membership of CMAG “until such a time as the crisis is resolved and until a democratically-elected government once again holds office.”

President Mohamed Waheed Hassan meanwhile responded thanking CMAG for its recommendations, “recognising the challenges we face as a nation and the honest attempts of the National Unity Government to deal with them.”

“The CMAG recognises that progress will only be made if peace and harmony return to our streets, political parties put aside partisan advantage and put the nation first, all parties join in a genuine dialogue without preconditions.

“We have already established an Independent National Enquiry Commission look into the events surrounding the transfer of power on February 7. Clearly as it is independent it will be for them to decide if they wish to take up the generous offer of international assistance in its deliberations,” Dr Waheed said.

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President Waheed forms commission to investigate transfer of power

President Dr Mohamed Waheed Hassan has formed a “Commission of National Inquiry” to investigate the events that unfolded in the Maldives during the period from 14 January to 8 February.

The inquiry was created by presidential decree as per the article 223 clause (d) of the constitution.

The President’s Office stated that the commission was established to make “an independent impartial investigation” into the change of power and surrounding protests.

President Waheed nominated three members to the commission: former minister of defence and national security during President Maumoon Abdul Gayyoom’s administration Ismail Shafeeu, Gayoom’s former minister of tourism and the first president of the Human Rights Commission of the Maldives (HRCM) Ahmed Mujuthaba, and Dr Ibrahim Yasir.

Shafeeu was nominated to chair the commission. Mujuthaba is also chairing the cross-party talks concerning Dr Waheed’s “Roadmap for a Possible Way Forward”, which the MDP has boycotted due to the involvement of un-elected parties without a democratic mandate.

President Waheed has also requested Prosecutor General Ahmed Muizz oversee the legality of the inquiries and investigations as per the article 223 (d) of the constitution.

The commission has been given the mandate to compile a full report on the outcome of the investigation and submit it the President, the Prosecutor General and the Attorney General – Gayoom’s former lawyer, Azima Shukoor.

Dr Waheed’s Press Secretary Musood Imad was not responding to calls at time of press.

Maldivian Democratic Party (MDP) spokesperson for International Affairs, MP Hamid Abdul Ghafoor, questioned the impartiality of the commission.

“How can [the government] carry out an impartial investigation, when they themselves were involved in the actions during that time period?” he asked.

“This is exactly the same type of commission that was formed during Gayoom’s regime to look into the events that unfolded in Maafushi Jail in 2003, including the custodial death of Evan Naseem,” Ghafoor said.

“Look what happened to the report they published then – people questioned it, and part of it was censored. We are calling for a third party consisting of international experts  to come and  into look into the matter. We absolutely do not believe that this commission will be impartial in investigating the matter.”

The legality and legitimacy of the transfer of presidential power in the Maldives should be determined by the independent impartial investigation, and the make-up and mandate of the investigation must to be agreeable to all responsible political parties, the MDP has said, acknowledging the European Union (EU)’s statement on the current situation of Maldives.

The investigation “must include international experts and should deliver accountability for all human rights violations,” MDP’s statement read.

Police and protesters attack the military base on February 7:

Police, MNDF and opposition protesters break into the state broadcaster on February 7:

A police crackdown on MDP demonstrators and supporters followed on February 8:

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