Author: Ahmed Nazeer

EC rejects Jabir’s arguments for annulment of Kaashidhoo poll

The Elections Commission (EC) has responded to accusations made in the ongoing trial of the case filed by Maldivian Democratic Party MP Abdulla Jabir who lost his seat in the recent parliamentary elections.

In the High Court, Jabir has requested the invalidation of the result on the grounds that he was restrained from the right to campaign, and that the ballot box kept in the island of Gaafaru was not closed on time.

Jabir has also claimed that Home Minister Umar Naseer made comments that influenced the elections by saying he would very soon establish a prison in Jabir’s constituency of Kaashidhoo, and that Jabir – currently serving a twelve month jail sentence – would be transferred to that prison.

EC lawyer and former Attorney General Husnu Suood told the court that Jabir was in prison as a result of his own actions and that there was nothing that commission could do to solve this issue.

Suood told the court that every candidate has a representative, the purpose of which was to assist the candidate in such situations, and that the commission believes Jabir lost the right to campaign when incarcerated for a failure to provide a urine sample to police.

Furthermore, Suood pointed out that the ballot box in Gaafaru was closed later than the other boxes because the box had been opened later than others on the day of voting.

According to local media, Jabir presented the names of 36 persons to support his argument in the court as well as the audio recording of Umar Naseer’s remarks on establishing a prison in Kaashidhoo.

The decision to build an open prison on the island of Kaashidhoo was first announced by the Home Ministy in September last year, two months prior to Umar Naseer’s appointment as home minister.

In February, the Criminal Court sentenced Jabir to one year in prison after the court found him guilty of refusing to provide a urine sample to police after his arrest on the private island of Hondaidhoo in November 2012.

The Prosecutor General also charged Jabir for possession of cannabis before the court ruled that there was not enough evidence to find him guilty.

Jabir’s trial on alcohol possession charges – also stemming from the Hondaidhoo incident – was postponed last week after the MP was hospitalised with breathing difficulties.

In an interview with Vnews today, Jabir’s wife Dhiyana Saeed has said her husband had been in hospital since April 8, revealing that doctors asked to bring a bilevel positive airway pressure machine from Singapore.

Dhiyana also told the news outlet that doctors had informed her that Jabir’s breathing stops four times every hour.

She said that doctors had not recommended taking Jabir abroad for medical treatment, and that his medical reports were being sent directly to the Maldives Correctional Services.

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Lawyer of Shifan murder suspect says witness statements contradictory

The lawyer of Abdulla Thimeez – charged with the murder of Ali Shifan – has argued in court that the witness statements given to the Criminal Court were inconsistent with on another.

According to local media present at the High Court today, Thilmeez’s lawyer Shaheem Ahmed said that two witnesses reported seeing Thlimeez near West Park restaurant, where Shifan was murdered, while the others have said they did not see Thilmeez at the murder scene.

Lawyer Shaheem said that, as the witnesses were inconsistent, some must have been lying, also noting that murder cases can be proven only if there is enough evidence to rule a person guilty without doubt.

Shifan was attacked around on April 1, 2012, outside the West Park restaurant on Boduthakurufaanu Magu – the outer ring road of Male’.

He was stabbed multiple times in the back and arms by a group of men on motorbikes as he stepped out of the restaurant to meet a friend, police reported.

In March, 2013, the Criminal Court ruled that all six suspects arrested in connection with the stabbing murder of Ali Shifan are innocent and ordered their release.

The judge ruled that there was not enough evidence to convict, reported local media, despite the DNA of the victim being found under the fingernail of one of the suspects.

Although the state had produced five witnesses to the court, their statements to police were contradictory said the judge at the time.

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Suspected drug lord reported to have fled country following police error

A suspected drug lord had been freed after the police failed to summon him to the court on time, with local media reporting that the individual has now left the country for Sri Lanka.

According to Haveeru, the police have told the paper that the suspect was released in compliance with a decision made by the court.

The paper noted that when he was brought before the judge to extend his pre-trial detention period, the duration of his previous detention had already expired.

Maldivian laws oblige the police to bring all persons arrested in connection with criminal offenses before a court of law within 24 hours of arrest. If the police wish to further extend a detention period they must request an extension before the previous warrant expires.

Haveeru reported that police had tried to obtain a new arrest warrant to take him back into police custody but the court had refused, saying that the suspect had to be freed due of police negligence.

The paper stated that, when the police summoned him to the court, seven minutes had elapsed since the expiry of his previous pre-trial detention period.

It was reported that the suspected drug lord was arrested last December with large amounts of cash and illegal drugs inside his house.

In February, Ibrahim Shafaz Abdul Razzaq – sentenced to 18 years in prison last November after being found guilty of drug trafficking – departed to Sri Lanka for medical treatment.

The Maldives Correctional Services was not informed of a date for the inmate’s return and he was not accompanied by a correctional officer, local media reported.

Following the incident, the Anti-Corruption Commission has confiscated the passport of an expatriate doctor who signed the medical report recommending that Shafaz be sent abroad for treatment.

Commissioner of Prisons Moosa Azim has previously told Minivan News that all due procedures had been followed in allowing Shafaz to leave to get medical treatment.

“A medical officer does not have to accompany the inmate. He was allowed to leave under an agreement with his family. Family members will be held accountable for his actions, including failure to return,” Azim told Minivan News at the time.

In a similar incident in 2011, the Criminal Court released the suspected murderer of a 17-year-old boy, citing a lack of cooperation from the Health Ministry.

Keeping someone in detention for six months for not getting a response from the health ministry was “too much’’, said the judge at the time. The suspect was subsequently released before being rearrested just weeks later in connection with the murder of a 21 year-old man.

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Police commence special operation to confiscate dangerous animals

Police have today said they have started a special operation to seize all dangerous animals that are illegally imported to the country.

In a statement the police said they had commenced a joint special operation with the relevant government institutions after having noticed that sightings of such animals on streets and other places had become common in the Maldives.

Police said that aim of the special operation was to seize all these animals and take them under police charge before a regrettable incident occurs.

Furthermore, the police stated that the Ministry of Environment and Energy, the Fisheries Ministry, customs and the Maldives National Defence Force were all involved in the operation.

Police have also appealed to the public to inform police if they have any information by contacting the police hotline – 332 2111, the police emergency hotline – 119, or police Criminal Investigation Department – 963 1696.

On 16 March Police Commissioner Hussain Waheed met with Commissioner General of Customs Ahmed Mohamed and a delegation of senior customs official to discuss the increase in illegal animals being discovered during recent drug operations.

A police statement at the time reported that Waheed had told officials that citizens were now in constant fear, noting that the police did not have any role in the airports and other ports.

He also said that police now needed to conduct as many operations to confiscate illegal and dangerous animals as to curb drug related crimes.

Earlier in March, police discovered a royal python – a nonvenomous snake commonly kept as a pet – following a drugs raid in Himmafushi, Kaafu atoll, on March 4.

In a separate raid on March 7 police also confiscated a Kingsnake and a Mexican red-kneed tarantula from a house in Malé.

A slow loris was also discovered by police in a drugs raid in Malé in Januray 21.  It has been revealed this week that the ministry is considering destroying the animal after attempts to find a suitable home had failed.

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High Court to open on Friday to receive election-related cases

The High Court has today said that its registration department will be open on Friday night between 9pm-11:30pm in order to receive cases concerning the recent Majlis elections.

The court noted that according to laws it has to conclude cases concerning elections within 30 days of the final results being issued by the Elections Commission (EC).

All cases concerning the elections have to be submitted within 14 days of the result, which were announced by the EC on March 28 at 11:35pm.

The High Court has so far accepted cases concerning electoral issues in 10 constituencies so far, including Villingili, Mahibadhoo, Mid-Hithadhoo, Naifaru, Shaviyani Funadhoo, Thimarafushi, Kurendhoo, Meedhoo, Felidhoo, and Nolhivaram constitutencies.

The court has today concluded hearings into the lawsuit filed by the Jumhooree Party (JP) candidate for Naifaru constituency Ahmed Mohamed, who alleges that the independent candidate – whom he alleges had campaigned after the time was up – had sent misleading text messages to constituents.

EC lawyer Husnu Suood is reported to have told the court today that the complaints had been filed at the complaints bureau by the JP candidate, but that the case had not been concluded as the commission was still clarifying some information from government authorities.

He said the commission had noticed misleading texts sent to Naifaru voters in the name of JP candidate Ahmed Mohamed, noting that it was a very serious issue.

According to Haveeru, Suood told the court that if the accusations were proven, the candidate had violated the code of ethics for campaigning.

Also speaking at the court today, the JP candidate’s lawyer said that independent contestant Shiyam had campaigned outside of the regulated time period.

Shiyam is also accused on sending misleading text messages to constituents saying that the government coalition supported him, as did both President Abdulla Yameen and former President Maumoon Abdul Gayoom.

Of the five independent MPs-elect, three – including Shiyam – have now signed for the the president’s Progressive Party of Maldives (PPM).

The JP candidate’s lawyer submitted two witnesses as well as the text messages in question to the court, which announced no further hearings would be held in the case unless the court needed to question witnesses or to clarify more information.

PPM candidate in Mid-Hithadhoo, Ibrahim ‘Hiyaaly’ Rasheed, has asked the High Court for police intelligence regarding his bribery allegations, while losing Maldivian Democratic Party candidate for the Shaviyani Funadhoo constituency alleges the late closure of a ballot box, out of hours campaigning, and bribery in his case.

Following the election, the EC revealed that a total of 115 complaints were submitted in writing to the national complaints bureau, including 18 concerning the voter registry and 33 complaints regarding negative campaigning, the behaviour of election officials, and campaigning during polling hours.

In its preliminary statement on the parliament elections, local NGO Transparency Maldives (TM) said elections were well-administered and transparent “but wider issues of money politics threatens to hijack [the] democratic process”.

TM revealed that a survey conducted prior to last year’s presidential election showed that 15 percent of respondents had been offered “money or other incentives” in exchange for their vote.

“Admissions about illegal activities such as this are usually underreported in surveys. TM’s long-term observation indicates that vote buying may be even more widespread in the parliamentary elections than other elections,” the statement read.

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Iranian boat and suspects connected with heroin seizure released

Police have released the Iranian vessel ‘Harmooz’ and six Pakistani nationals who were arrested in connection with the 24kgs of heroin that was seized by the police last month.

A police media official has confirmed the releases to local media but has declined to say why they had been released.

‘Hormooz’ was seized after having carried the drugs from Chahabar port in Iran and delivered it to the Maldivian fishing boat ‘Violet’ 30 nautical miles outside of Maldives EEZ.

A total of eighteen officers were involved in the operation, with a police report describing the operation as a unique experience for all who took part in the record-breaking operation.

Police have revealed that the money was transferred to the agents in Iran by a member of the Maldives Police Service who has subsequently been arrested in connection with the case.

Four Maldivians, three Bangladeshis, and 11 Pakistanis were taken into custody in connection with the case.

Local newspapers have reported that Abdulla Shaffath, who was arrested in connection with the Artur brothers’ case last year, was among the suspects taken into custody, although police have yet to confirm this.

Police Superintendent Mohamed Rasheed, head of the Drug Enforcement Department had previously told the media that the street value of the drugs may have been up to MVR100 million (US$6.5 million).

In an interview with Minivan News in January, Home Minister Umar Naseer said that the main target of his ministry for the next five years would be curbing drug-related crimes.

Naseer said that he intended to give a high priority to enhancing the customs services in order to stop illegal drugs and other contraband from being smuggled in to the country. He also said that the police intelligence department was being expanded.

“Leaving aside abusers and peddlers, the focus of this front will be on major wholesale drug dealers. We will investigate how drugs are brought into the country, find the contacts abroad, find ways to locate and take action against those involved even if they are abroad,” he said.

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Candidates for Villingili and Mahibadhoo constituency seek to invalidate elections

Candidates who unsuccessfully contested for Majlis seats in Gaafu Alifu and Alifu Dhaalu atolls have filed cases at the High Court to invalidate the election results of those constituencies.

According to local media, Maldivian Democratic Party (MDP) candidate for Gaafu Alifu Villingili constituency Haroon Rasheed and Jumhooree Party (JP) candidate for Mahibadhoo constituency Ahmed Sunil filed the cases today.

Mahibadhoo constituency was won by independent candidate Ahmed Thariq ‘Tom’ – who has since joined Progressive Party of Maldives (PPM) – while the Villingili constituency was won by PPM candidate Mohamed Saud.

The High Court has accepted cases concerning electoral issues for eight constituencies so far.

Candidates who contested for Mid-Hithadhoo, Naifaru, Shaviyani Funadhoo, Thimarafushi, Kurendhoo, and Nolhivaram have also filed cases with the High Court.

These initial results in these constituencies returned two progressive coalition MPs-elect – one JP and one PPM, one independent candidate, and three MDP representatives, although this includes Thimarafushi’s Mohamed Musthafa who defected to the PPM within 10 days of the poll.

The court has started the hearings concerning the Funadhoo, Hithadhoo-Mid, and Kurendhoo constituencies.

The High Court has today concluded hearings into the Mid-Hithadhoo case, saying that if the court does not need to further study the case or question witnesses during the next hearing it will deliver a verdict.

PPM candidate in Mid-Hithadhoo Ibrahim ‘Hiyaaly’ Rasheed, who filed the case, has asked the High Court for police intelligence regarding the bribery allegations he has made.

Rasheed’s lawyer has submitted the names of 10 witnesses to prove his client’s allegations that there was bribery involved in the parliamentary elections.

MDP candidate for Shaviyani Funadhoo constituency Abbas Mohamed, who lost the seat to PPM candidate Ali Saleem, has alleged that the ballot box kept in Shaviyani atoll Magoodhoo was closed after the time specified by the Elections Commission (EC).

He alleged that election officials started counting the Magoodhoo ballot box after the EC had announced the preliminary results, questioning the validity of the poll.

Abbas also said that PPM candidate Saleem had campaigned after the campaigning time was up by throwing flyers and posters around the islands.

He alleged that Saleem had bribed people in the day of election and that his complaints – filed with the EC complaints bureau – were not considered.

Saleem won the seat by 930 votes while MDP candidate got 855 votes.

Following the election, the EC revealed that a total of 115 complaints were submitted in writing to the national complaints bureau, including 18 concerning the voter registry and 33 complaints regarding negative campaigning, the behaviour of election officials, and campaigning during polling hours.

In its preliminary statement on the parliament elections, local NGO ransparency Maldives (TM) said elections were well-administered and transparent “but wider issues of money politics threatens to hijack [the] democratic process”.

TM revealed that a survey conducted prior to last year’s presidential election showed that 15 percent of respondents had been offered “money or other incentives” in exchange for their vote.

“Admissions about illegal activities such as this are usually underreported in surveys. TM’s long-term observation indicates that vote buying may be even more widespread in the parliamentary elections than other elections,” the statement read.

“Inability of state institutions to prosecute vote buying due to gaps in the electoral legal framework, lack of coordination, and buck-passing between the relevant institutions have allowed rampant vote buying to go unchecked.”

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Doctor’s passport held as drug kingpin’s medical release investigated

The Anti-Corruption Commission (ACC) has confiscated the passport of an expatriate doctor who signed the medical report recommending that Ibrahim Shafaz Abdul Razzaq be sent abroad for medical treatment.

Shafaz was sentenced to 18 years in prison last November for drug trafficking, but was permitted to leave the country unaccompanied in February. Shortly after his arrival in Sri Lanka, Shafaz asked the High Court to review his sentence.

The ACC has told the local media that the doctor’s passport was held last week after a warrant had been obtained  from the Criminal Court.

Speaking to Minivan News today, President of ACC Hassan Luthfy said that he could not give any information except to confirm that the passport of an expatriate doctor had been held by the commission.

He said that detailed information on the case will be revealed to the media as soon as the commission concludes its investigation.

Commissioner of Prisons Moosa Azim has previously told Minivan News that all due procedures had been followed in allowing Shafaz to leave to get medical treatment.

“A medical officer does not have to accompany the inmate. He was allowed to leave under an agreement with his family. Family members will be held accountable for his actions, including failure to return,” Azim told Minivan News at the time.

Shafaz was arrested on June 24, 2011 with 896 grams of heroin from a rented apartment in a building owned by PPM MP Ahmed ‘Redwave’ Saleem.

Former head of the Drug Enforcement Department, Superintendent Mohamed Jinah, told the press at the time that police had raided Henveiru Fashan based on intelligence information gathered in the two-year long ‘Operation Challenge’.

Jihah labeled Shafaz a high-profile drug dealer suspected of smuggling and supplying drugs since 2006.

He claimed that the network had smuggled drugs worth MVR1.3 million (US$84,306) to the Maldives between February and April 2011.

Since the formation of the new government late last year, the Home Ministry has made the combating of illegal drugs its top priority, culminating in the confiscation of a record 24kg of heroin.

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Losing PPM Majlis candidate asks for police intelligence to prove bribery

The Progressive Party of Maldives (PPM) candidate Ibrahim ‘Hiyaaly’ Rasheed – recent runner-up in the Mid-Hithadhoo constituency seat – has today asked the High Court for police intelligence regarding the bribery allegations he has made.

Rasheed’s lawyer – PPM MP-elect Ibrahim ‘Wadde’ Waheed – is reported to have told the High Court that was unsure whether police intelligence had information regarding bribery involved in this specific poll, though he knew there was evidence of bribery in some races.

Rasheed lost the constituency seat to Maldivian Democratic Party (MDP) candidate Ibrahim Mohamed Didi, who won just over 43 percent of the popular vote.

Wadde alleged that the other two candidates in the Mid-Hithadhoo contest had distributed money and other things as bribes to influence the election, and also that they had withheld the ID cards of constituents.

Wadde had submitted the names of 10 witnesses to prove his client’s allegations that there was bribery involved in the parliamentary elections.

Local media also reported that Ibrahim Mohamed Didi was involved in to the case today, with Didi’s lawyer reportedly telling the court that there were procedures to follow when issues arose regarding elections, before filing a lawsuit at the court.

The judge inquired as to whether Rasheed had filed the complaints with any other institution and his lawyer told the court that he had not.

Ibrahim Mohamed Didi won the Mid-Hithadhoo constituency seat with 1,099 votes. Rasheed got 898 votes, while independent candidate Hussain Solih got 554 votes.

Ibrahim Didi is still facing charges for the controversial military detention of Chief Judge of Criminal Court Abdulla Mohamed in January 2012, though the case has been stalled for over 12 months.

Didi was also the Malé area commander in a special operation conducted by the military ‘Operation Liberty Shield’ to control unrest in Male’ following the arrest of the judge.

On 3 April, the opposition MDP condemned alleged attempts by government-aligned parties to influence voting in the recently held parliamentary elections through coercion and threats.

“The MDP expresses concern and strongly condemns the actions of government-aligned political persons to buy votes, threaten people with losing their jobs, and instruct some voters to make a special marking on ballot papers – thereby compromising the confidentiality of votes cast,” the party said in a statement issued that day.

The MDP accused the ruling parties of threatening that individuals would lose their jobs, and requiring these people to specially mark their ballot paper in order for observers and party representatives to see how the vote was cast.

Following the conclusion of the election, Transparency Maldives stated that while it was well-administered and transparent, “wider issues of money politics threatens to hijack the democratic process”.

On March 27, The Adhaalath Party spokesperson Sheikh Ali Zahir told Minivan News that the party lost many seats it ought to have won in the Majlis elections due to bribery and undue influence from competing candidates on all sides.

“It was really sad that a lot of money transactions were involved in it, it was an obstacle to electing the most capable person to the parliament,’’ Zahir told Minivan News at the time.

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