Author: Neil Merrett

AG’s election intervention constitutional, yet morally questionable: senior legal source

Attorney General (AG) Azima Shukoor’s intervention in a Supreme Court case against the Elections Commission (EC) is constitutional, despite questions over the “moral grounds” for her involvement, a senior legal expert with experience working in government has said.

AG Azima last week intervened in a Supreme Court case filed by the Jumhooree Party (JP) seeking the annulment of the September 7 presidential election.

While the AG herself is not reported to be seeking an annulment of the first round of voting, she has asked the country’s apex court to order the prosecutor general and the police to investigate alleged electoral fraud after noting “serious issues”.

With no constitutional clause requiring the the AG’s involvement in the case, the intervention was made at the personal discretion of Azima, according to the confidential legal source.

The first round of voting has been met with unanimous confidence from local NGOs and international election observers over the credibility of the polls, amidst calls for the the second round of voting to proceed as scheduled.

The run-off vote is presently scheduled to be contested on September 28, between former President Mohamed Nasheed of the opposition Maldivian Democratic Party (MDP) and second placed candidate Abdulla Yameen of the Progressive Party of Maldives (PPM).

“Public interest”

The source – who has served in a senior legal capacity under the last two governments – maintained that the AG was entitled to enter a case she personally deemed to be in the “public interest”.

However, with Azima representing the government, whose incumbent President Dr Mohamed Waheed secured five per cent of the vote in the first round of polls, the legal source said some of his peers were questioning the AG’s mandate to seemingly take sides in the JP’s case.

“Having spoken with other lawyers, how would the AG, who represents a candidate with only five percent of the public vote, decide what is in the public interest [in regards to the election case]? The AG can decide what is in the public interest, but I do not believe she has sufficient moral grounds to do so [with this case],” the source argued.

The same source added that the AG’s role in the ongoing Supreme Court case was complicated by the Maldives’ present lack of general rules or legislation regulating issues such as conflict of interest and similar ethical issues within the court system.

“Problem with the AG is that she is currently the authority on ethics of other lawyers and when to reprimand them,” the legal figure added. “We also lack a legal and judicial culture to really appreciate the idea of professional ethics.”

“No comment”

Rather than appearing to back the grievances of the JP, the senior legal figure said the correct procedure for the AG would have been to provide ‘”no comment” to the court when asked about the capability of the EC.

The source pointed to previous conduct of the Prosecutor General’s Office (PGO) in a case, where the institution had been asked to defend the Maldives Police Service against allegations of arresting people outside of correct procedure.

With the High Court requesting the PGO to answer for police in the case, state prosecutors – concerned the MPS may be at fault – opted to provide a ‘no comment’ on the matter.

The legal source claimed that such a move – based on best practices from across the international community – allowed the courts to infer that police had acted outside of regulations without the PGO taking a side on the matter.

The legal figure also said that, although the AG was permitted to take a side in the case, she should not vocally back a specific party.

AG denies taking sides

Speaking during a Supreme Court hearing on September 18, Attorney General Azima told the court that the state was not taking sides in the legal dispute.

The opposition Maldivian Democratic Party (MDP) decided on Friday (September 20) are currently pursuing a no-confidence motion against Azima, as well as for a change the composition of the Supreme Court bench.

The MDP had  previously accused the Azima of advocating against “the interests of a state institution or the state and in favour of the Jumhooree Party’s self-interest.”

The AG, however, repeated her claims that the her office had come across discrepancies in the voter registry published by the EC prior to the election.

“There were names of underage people in the list. There were names repeated in the list. Unless these issues are resolved before holding the second round of the elections, rights of many voters will be undermined,” Shukoor told the court.

AG Azima and Deputy AG Ahmed Usham were not responding to requests for information at time of press.

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Economic diversification vital for food and energy security, says government report

The Maldives continues to face huge issues of food security, last year importing 90 percent of all goods consumed, while also being one of the most “oil vulnerable” countries in the world, according to a government report calling for significant economic diversification.

According to the Maldives Economic Diversification Strategy (MEDS), released last week, the nation has become “over-dependent on tourism”, with the industry last year accounting for more than two thirds of the Maldives’ Gross Domestic Product (GDP).

The report concluded that such a reliance on one sector alone had left the country’s economy particularly susceptible to natural disasters and adverse financial conditions.

“The Maldives needs to bridge swiftly the gaps that are emerging from the short-term political aims and the long-term economic goals,” stated the report’s introduction.

“Our vision for the Maldives is to become a high income, resilient, inclusive economy by 2025,” it added.

The MEDS reported that fuel imports last year totaled US$488 million or 22 percent of annual GDP.  Meanwhile, US$389 million was spent bringing food into the country in 2012 – with demand predominantly made up of US$64 million in confectionery and beverages; US$60.1 million in meat, fish and seafood; and US$49.3 million in vegetables, root crops and spices.

The country’s official external debt was also said, on the basis of official figures, to have “increased significantly” to US$846.2 million – 38 percent of GDP – by the end of 2012, from US$ 959.1 million – 43 percent of GDP – in 2011.

Financial challenge

The government earlier this month said it hoped to secure longer-term financing to plug a shortfall in annual revenue that has seen the number of 28-day Treasury Bills (T-bills) sold by the state almost double by July 2013, when compared to the same period last year.

The comments were made just weeks after the Maldives Monetary Authority raised fears over the current “beyond appropriate” levels of government expenditure during 2013.

” Broad-based” economy

In an attempt over the next decade to transform the Maldives into one of Asia’s so-called “miracle economies”, such as Singapore and Hong Kong, the MEDS report, compiled by the Ministry of Economic Development, has outlined a ten sector strategy towards making the Maldives a “broad based export driven economy.”

“After having enjoyed rapid economic progress over three decades, our economic conditions changed dramatically following the Indian Ocean tsunami,” stated the report, which calls for a smaller, more prudent government moving forward.

“Since 2005, economic policy making in the Maldives has focused on crisis management. What is needed in the Maldives now is to move away from crisis related adhoc decision making to a clear vision, coherent strategies and coordinated policies.”

The MEDS report contained 10 sector specific plans for development of a more versatile economy. These include:

Transport

The government has pledged to boost the importance of transportation services to the economy by increasing their value to US$500 million by 2025 – from US$153 million last year.

According to the report, this focus will be achieved through expanding the capacity of existing transport hubs such as Ibrahim Nasir International Airport (INIA) and developing cruise ships terminals and a marina.

Despite this pledge, the government controversially scrapped a US$511 million contract signed under the previous administration with India-based infrastructure group GMR to develop and manage an entirely new airport terminal at INIA.

Earlier this week, Economic Development Minister Ahmed Mohamed was quoted in local media of accusing the former government of working to make the Maldives “an economic slave” to an unspecified foreign company.

Education

In the field of education, the government report has pledged a strategy of trying to develop higher education as a “priority expert sector” by working to transform the Maldives into a destination capable of attracting 15,000 international students a year.

Trade

For trading strategies, the MEDS has targeted developing local trade to increase value to US$500 million, from just US$96 million last year, partly through a focus on developing malls, boutique stores and e-shopping.

Tourism

In tourism, the Maldives will aim to nearly double current income value by 2025 through strategies to diversify into providing meetings, incentives, conferencing, and exhibitions – (MICE) facilities – in addition to wellness tourism and family orientated attractions.

The government has previously expressed a desire to commit to a number of these developments including the expansion of biospheres and developing other “value-adding” concepts via the Maldives’ fourth official tourism master plan, expected to be unveiled later this month.

The MEDS report anticipated that such developments would help increase the economic contribution of tourism to US$1.2 billion by 2025, from around US$555 million in 2012.

Health

The report has also pledged to develop the Maldives as a destination for international healthcare services via measures such as creating a medical college and a teaching hospital.

In June, the Ministry of Health identified current salary levels and staff safety as the key issues driving “shortages” in the number of trained medical staff coming from abroad to work at under-skilled hospitals in the Maldives.

Financial services

MEDS also expressed a desire to increase the financial service industry’s value to US$250 million by 2025 through the development of legal reforms and wider efforts to attract international banks to the Maldives.

The Maldives National Chamber of Commerce and Industries (MNCCI) argued in July that the country’s politicians had done little to address an ongoing shortage of US dollars and a lack of investment banking opportunities and arbitration legislation in the country.

Communication

The report pledges a strategy of increasing communication service value to US$500 million by 2025 – from US$159 million last year – by pursuing the development of IT parks in the nation as well as providing resorts specifically for research sabbaticals.

Agriculture

The MEDS also pledged to facilitate a means of boosting agricultural production to a value of US$ 150 million by 2025.

Campaigning back in May for the opposition Maldivian Democratic Party (MDP), former President Mohamed Nasheed unveiled an election strategy on the island of Kulhudhufushi in Haa Dhaal Atoll, that he claimed could lead the country to produce about 44 percent of the foodstuffs currently being imported into the country.

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Foreigner acquitted of resort crash deaths flees Maldives after prosecutors seek to withhold passport

A Swedish national acquitted this month of causing a quad bike crash that killed two British tourists has fled the Maldives, even as state prosecutors urgently sought to withhold his passport ahead of a possible appeal.

Filip Eugen Petre was acquitted on September 5 by the Criminal Court of all charges relating to his alleged role in a quad bike accident that resulted in the deaths of British couple Emma and Johnathon Gray at Kuredu Island Resort in August 2011.

According to a leaked communique drafted by the Prosecutor General’s Office (PGO) and later obtained by Minivan News, the Maldives Police Service – under a court order – returned the passport of the accused in the early hours of September 7.

Just hours earlier, the PGO had sought to file an “urgent appeal” against the decision after concerns that a “serious miscarriage of justice” could occur if the accused was allowed to leave the country without a final decision on whether to appeal his case.

According to the PGO, Petre left the Maldives in the early hours of September 7, the same day of the country’s presidential election.

“The Prosecutor General’s Office was notified at approximately 4:20pm [hours after he was acquitted on September 5] that the accused demanded his passport be returned by the Maldives Police Service,” read the leaked communique.

“As we had not received any document detailing the grounds for the [Criminal Court’s] Judgment, Maldives Police Service was advised by Prosecutor General’s Office to make a written submission to the controller of immigration requesting that the accused’s passport be withheld for 7 days under the immigration Act of the Maldives.”

Minivan News understand that prosecutors were still awaiting a detailed summary of the Criminal Court’s judgement on the case at time of press.

Communication breakdown

Immigration Controller Dr Mohamed Ali confirmed this week that he was not aware of receiving any request from the police to withhold Petre’s passport for the seven days.

Minivan News was awaiting a response at time of press to requests for information from Police Commissioner Abdulla Riyaz and Spokesperson Chief Inspector Hassan Haneef to establish if the institution had responded to the PGO’s request to withhold Petre’s passport.

“On September 6, 2013, (which is one day before the Presidential election) a Friday which is usually a public holiday, at approximately 9:00pm, we were informed that the accused had filed a motion in Criminal Court demanding that his passport be released,” wrote the PGO.

“Maldives Police Service was summoned before the Criminal Court and was questioned extensively on the request to withhold the passport. We were informed at approximately 10:08pm that an order was made by Criminal Court Chief Judge Abdullah Mohamed for Maldives Police Service to release the accused’s passport.”

The PGO wrote that it was “mindful” of the challenges of extraditing Petre should the High Court opt to appeal at a later date, particularly due to the absence of a relevant bilateral treaty with Sweden .

“However remote or challenging its enforceability could prove, we would attempt to obtain an order of stay to prevent the release of the accused’s passport for seven days,” read the communique. “[This] would give this office time to receive a summary judgment and to make a preliminary decision to appeal in the High Court and thereby attempt to obtain an assurance of the accused’s return to the Maldives.”

The PGO said that, on September 6, the High Court had accepted a request by Prosecutor General Ahmed Muizz to open the court after 10:00pm to try and file a motion to temporarily prevent authorities returning Petre’s passport.

“Due to the lengthy administrative process of opening a state owned building on a public holiday at such a late hour, we decided to request that we be allowed administrative facilities available at Maldives Police Service to prepare an urgent appeal to the High Court to prevent what we strongly believe could be a serious miscarriage of justice given the circumstances,” wrote the communique.

“We were informed of the decision of Maldives Police Service to release the passport of the accused at approximately 12:56am on September 7, 2013.”

“We were also informed by the High Court that we would have to appeal the judgment of Criminal Court, which is a near impossibility as we had no documentation on the grounds for the acquittal except for handwritten notes taken by the prosecutor during judgment hearing. The High Court requested that we make the submissions the next morning.”

According to the PGO, whilst working on an appeal later that morning – election day in the Maldives – the office was informed by the Maldives Police Service at 10:54am that Petre had left the country at 01:25am.

“We have requested Criminal Court for the case report and we shall review the case for all possible avenues of appeal, despite the possible challenges of having the accused appear before the high court in the event of such an appeal,” added the PGO.

Previous hearings

Petre’s case was reported to have come to standstill in March this year, as the Criminal Court awaited responses from the parents of the deceased, regarding their preferred form of punishment for the accused.

However, both police in the UK and the respective families of the deceased insisted at the time that the families respective decisions had been submitted and then re-submitted to the court.

Petre’s acquittal was said to have been based on the argument that prosecutors had failed to prove the accused had driven the quad bike linked to the incident, according to the PGO.

In previous hearings of the trial, prosecutors claimed that the charge of ‘disobedience to order’ of which Petre was accused had resulted from his decision to carry people on a vehicle which was not intended for passengers.

Then presiding Judge Abdul Baary Yousuf declared in court during earlier hearings that Petre’s lawyer had himself confessed during the trial that his client had driven the quad bike carrying Emma and Jonathan Gray as it crashed on the tourist property.

The father of the accused – Kureudu Island Resort resort shareholder Lars Petre – in a statement previously published in Minivan News also admitted that his son had been driving the quad bike on which the couple had been riding.

Judge Yousuf was later dismissed from his post pending disciplinary hearings into his conduct, with Criminal Court Chief Judge Abdulla Mohamed presiding over the case on February 2, 2013, according to the PGO.

“On September 5, 2013, a hearing was scheduled in criminal court at 11:00am presided by Judge Abdullah Didi. The Judge questioned whether there was anything further to be said in the matter by either the State or the accused,” the PGO claimed.

“Thereafter, the state was questioned as to explain the basis for the criminal charge. Our Prosecutor explained in great detail as to what had transpired in the hearings so far and also highlighted the fact that the accused had admitted to driving the quad bike and that the Court had ruled that the accused could not retract the admission. The judge questioned the accused whether he was driving the quad bike and the accused refused to answer the question.”

Judge Didi then pronounced on September 5 that as the accused had denied the charges, the burden was upon the prosecution to prove the case. He then held a second hearing the same day to acquit Petre.

Seeking culpability

Contacted this week over the details of the leaked communiqué, Robert Oldfield, a relative of Emma and Johnathon Gray, told Minivan News that the families of the deceased had been left disappointed by Petre’s acquittal.

Oldfield stressed that both families did not believe there had been any “malice” resulting in the incident that killed the couple.

However, based on previous admissions in court that Petre had been driving the quad bike, he had hoped that the country’s courts would establish Petre’s culpability for the deaths.

“He [Petre] should have held his hands up and admitted he was driving the bike that has resulted in the death of two people and left their child an orphan,” Oldfield said. “To my mind, it’s the cowards way out,” he added after being informed that Petre has since left the country.

Oldfield reiterated that the families of the deceased had not wanted the accused to face any severe or long-term action, but had nonetheless wished to see justice served in relation to outlining responsibility for the crash.

Jonathan Gray’s mother Cath Davies told UK-based newspaper the Halifax Courier in March 2012 that the prospect of Petre facing the death penalty was “shocking. It’s absolutely horrendous.”

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Maldives must address “deteriorated” tourist services to protect industry: Chamber of Commerce

The Maldives National Chamber of Commerce and Industry (MNCCI) has warned that the “deteriorated” and “outdated” amenities used to support the Maldives’ lucrative resort industry will negatively impact growth across the tourism sector, if left unaddressed.

MNCCI Vice President Ismail Asif told Minivan News that despite the “seven star” reputation of the country’s exclusive island resorts, the group was receiving growing complaints that the service, amenities and treatment afforded to guests by the country’s public and private sector threatened to significantly damage the destination’s reputation.

The comments were raised after several multinational hospitality groups alleged earlier this month that the sale of the Maldives’ two main seaplane operators to US-based private equity fund Blackstone in February was having a “significant” negative impact on the wider tourism industry as a result of the monopoly created.

MNCCI Vice President Asif told Minivan News that the chamber had not received any “particular concerns” related to the Blackstone deal, but had instead noted growing criticisms of standards of service from state and private institutions vital to the country’s resort industry.

“We have had e-mails from foreign investors and business people about the general service and standards at the country’s airport as well as the quality of transportation [available to tourists],” he said. “We are not able to distinguish [whether the complaints] are about seaplanes or speedboats.

Airport condition

Asif also identified the current condition of Ibarahim Nasir International Airport (INIA), a general lack of amenities, and the attitude of customs and immigration officials towards foreigners visiting the country as major concerns needing to be addressed by the wider industry.

Late last year, the present government controversially scrapped a US$511 million contract signed under the previous administration with India-based infrastructure group GMR to develop and manage an entirely new airport terminal.

The state is subsequently facing a US$1.4 billion compensation claim from GMR for its decision to terminate the contract over allegations of corruption, claims ultimately rejected by the country’s Anti-Corruption Commission (ACC).

The MNCCI has nonetheless maintained that the government’s decision to abruptly terminate the GMR contract did not hurt foreign investor confidence, with Asif claiming that the existing airport structure could be modified to improve service standards. With the eviction of GMR construction of the new terminal is stalled at 25 percent complete, according to the government’s own engineering assessment.

“Foreign businesses don’t want to get into politics here. In the meetings we have had there are two major concerns raised. Internationals want the Maldives to remain as it is. The feedback we get is they want the airport as it is, but with improved services,” he said. “This doesn’t mean a new five story building is needed. For instance free wifi is not [at the airport at present]. Certainly not at the standards visitors would expect.”

Criticisms had also been raised over the conduct of customs officials and regulations banning tourists from bringing alcohol into the country to consume on the country’s resorts, according to the MNCCI.  Asif claimed there was minimal information provided to visitors about restrictions on alcohol and pork products outside of resorts.

“Expensive wine is often confiscated from guests, who are not getting it back. I understand visitors must act within local laws, but it is also important to correctly inform them as well,” he said. “Often these are very expensive gifts given to people while they are travelling, and I don’t see why they cannot bring such items to their resort.”

“It’s not like tourists will bring large amounts of liquor with them. Often the value of the goods they are holding is high, but a customs person will have no idea of the goods or the culture. Their response is ‘liquor is prohibited here’,” he claimed, accusing police and other state authorities of favouring restrictive laws on tourists to reduce their own levels of responsibility.

Asif argued that all national bodies needed to take greater responsibility to ensure treatment of tourists matched the services being provided by the resort industry.

“If it is too much hassle for tourists to visit, people will not come here [on holiday] and will look to other destinations,” he said. “Tourism is is based around trying to make clients happy. We are concerned about this and the need to make things easier here.”

Stability concerns

The MNCCI has also stressed the need for political stability, the lack of which he had alleged has had a considerable impact on investor confidence and business development since the controversial transfer of power on February 7, 2012.

With a run-off vote scheduled for September 28 expected to decide whether former President Mohamed Nasheed or MP Abdulla Yameen will take office over the next five years, Asif said it was important to have an elected and head of state – no matter the candidate.

He argued that a Commonwealth-backed Commission of National Inquiry (CoNI) last year dismissed Nasheed’s allegations that he was removed from office in a “coup d’etat” had led to an increase of larger-scale investment – particularly with resorts.

However, with a number of properties remaining under construction, stability within the country’s domestic politics and court system was a huge problem needing to be addressed, he said.

Tourism Minister Ahmed Adheeb was not responding to calls at time of press in response to the MNCCI’s concerns.

Meanwhile, the government earlier this month said it hoped to secure longer-term financing to plug a shortfall in annual revenue that has seen the number of 28-day Treasury Bills (T-bills) sold by the state almost double in July 2013, compared to the same period last year.

Finance Minister Abdulla Jihad told Minivan News at the time that the state’s increased reliance on short-term T-bills between July 2012 and July 2013 reflected the current difficulties faced by the government in trying to raise budgeted revenue during the period.

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President Waheed to back PPM in second round, stepping down as GIP head

President Dr Mohamed Waheed’s Gaumee Itthihaad Party (GIP) will support the Progressive Party of Maldives (PPM) during a run-off vote to decide this year’s presidential election – presently scheduled to be held on September 28.

Minivan News understands that, although Dr Waheed will also be stepping down as head of the party, he will urge supporters to back PPM presidential candidate Abdulla Yameen against Maldivian Democratic Party (MDP) rival, former President Mohamed Nasheed.

The announcement of the GIP backing the PPM, comes days after the Dhivehi Rayyithunge Party (DRP) announced its support for Nasheed and the MDP during the second round of voting.  The DRP had backed Waheed in the first round vote, with party Leader Ahmed Thasmeen Ali standing as the incumbent’s running mate.

President Waheed took 5.13 percent of the total votes cast on September 7, finishing in last place.

The poll is presently being contested within the courts over allegations of vote rigging by third-place candidate MP Gasim Ibrahim and the Jumhoree Party (JP), who secured 24.07 percent of ballots cast.

According to provisional Elections Commission (EC) results, PPM candidate Yameen narrowly secured his place in the second round with 25.35 percent of the votes cast.

Former President Nasheed led the poll with 45.45 percent of the popular vote – falling short of the 51 percent needed to secure the presidency during the first round.

A senior source within President Waheed’s campaign, speaking on condition of anonymity, today said that the incumbent would be personally lending his support to Yameen’s campaign along with the GIP, despite opting to step down as head of the party.

The same source claimed that should any aspects of the ballot be challenged by the party, including calls for a recount, it would be best to have President Waheed distance himself from such actions.

Minivan News was awaiting an official statement from the GIP at times of press.

“Worryingly serious” allegations

However, President Waheed was today quoted in local media as being concerned over “worryingly serious” allegations over the first round vote that he called to be addressed within the legal framework of the Maldives.

Despite expressing concerns over allegations raised by the JP , the president was also quoted in Sun Online as praising the election for being conducted “smoothly” and peacefully” earlier this month.

Waheed reportedly stated that he had decided to back Abdulla Yameen – half brother of the country’s autocratic former President Maumoon Abdul Gayoom – based on what he believed was the best interest for the Maldives.

“I do not believe it is not right [sic] to weaken the country’s constitutional framework, trample the law, set fire to property, instigate unrest,” read the statement reportedly attributed to the president.

Meanwhile, PPM vice presidential candidate Dr Mohamed Jameel Ahmed earlier this week declared that former President Mohamed Nasheed “will not be allowed to assume power”, even should he emerge as the clear winner in the run-off.

Clarifying his remarks to Minivan News at the time, Dr Jameel stated that his comments during the rally reflected the “criminal charge filed against Nasheed” concerning his role in the detention of Criminal Court Chief Judge Abdulla Mohamed, who stands accused of corruption and halting investigations into his conduct through the courts.

“As there is an impending [criminal] charge on him, he would be facing the outcome of the trial that would stop him from holding [the office of the president]. That is what I meant [at the rally],” Dr Jameel explained.

The JP meanwhile today confirmed that the party’s council and its coalition partners had not yet taken a decision on whether it would support a candidate in the second round of voting.

JP Policy Secretary Mohamed Ajmal said that the party remained focused solely on trying to prove via the courts that the first round vote had been “rigged”, adding that – although the party would consider supporting one of the two candidates in the final round – no such talks discussions had been held at present.

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Police present MDP MP Jabir to Criminal Court for alcohol raid trial

Opposition Maldivian Democratic Party (MDP) MP Abdulla Jabir was presented to the Criminal Court by police today, after being kept in custody since Tuesday (September 10) ahead of his trial for alleged possession of alcohol and cannabis.

Jabir and fellow MDP MP Hamid Abdul Ghafoor are among several senior party figures charged with drug and alcohol offences, after being arrested on on Hondaidhoo Island in November whilst allegedly under the influence of illegal substances.

While Jabir at the time of his arrest was a member of the Jumhoree Party (JP) – he later defected to the opposition – the MDP has maintained that his arrest was politically motivated to coincide with a no confidence motion at the time against senior government figures.

The MDP has alleged that the treatment of its MPs, including, Jabir was noticeably different to those of other parties currently aligned to the present government, accusing prosecutors of persecuting its members and supporters.

The trial began earlier this month, with Ghafoor being the only MP in attendance to hear charges against him concerning the case.

A total of 10 people taken into police custody on November 16 after officers obtain a warrant to search the island of Hondaidhoo.

Today’s hearing

Criminal Court Spokesperson Ahmed Mohamed Manik said state prosecutors during the hearing read out a list of charges against Jabir. The MDP MP will be given a chance to respond to these charges against him at the next hearing, Manik added.

Police Spokesperson Chief Inspector Hassan Haneef confirmed to Minivan News that Jabir had been held in police custody ahead of the hearing, under an order previously issued by the Criminal Court. Police did not provide any further details on where the MP had been detained.

Jabir earlier this week had his passport held by immigration officials when trying to leave the country, after previously failing to attend the opening hearing of the trial into the charges against him.

Explaining the absence, MDP MP Imthiyaz Fahmy ‘Inthi’ told Minivan News he understood Jabir had not received a summons from the Criminal Court to attend the trial, but would have attended if having done so.

“He has been away from Male’ campaigning [for the presidential election held on September 7] and had not therefore received a summons,” he said, accusing the country’s courts of purposefully scheduling hearings against MDP MPs to try and stymie the party’s election campaign.

Fahmy additionally claimed that the Criminal Court had failed to follow its own procedures, and that a summons had to be re-sent if not received by the individual in question.

By comparison, he alleged that Progressive Party of Maldives (PPM) MP and Deputy Speak of Parliament Ahmed Nazim had failed to respond to 12 summons without arrest in relation to his trial for fraud – charges which he was later acquitted of. That case is now the subject of an ongoing High Court appeal.

Fahmy said although the MDP had not been requested to provide a lawyer for Jabir, the party would be ready to provide assistance to him in what it continues to allege is a “politically motivated” arrest.

Fahmy also alleged that the judiciary was seeking to fast track cases against MDP members to hinder the party and its campaigning ahead of a run-off vote scheduled for September 28.

He himself is currently facing a charge of “disobeying orders” over allegedly contemptuous remarks he made against the judiciary during a television show.

Fahmy argued that Jabir, along with Hamid Abdul Ghafoor and the son of the former President Nasheed’s Special Envoy, Mohamed Hamdhoon Zaki, were on a “private island” when they arrested by police officers, who he alleged beat and then arrested them.

“This all happened at the time of a no confidence motion against Minister of Defence Mohamed Nazim and is a clear attempt at intimidation,” claimed Fahmy.

He said that the arrest was against Majlis regulations that say an MP could not be arrested at the time of a no confidence vote.

The no confidence vote had been scheduled for April 8, but was postponed after MDP MPs objected to a decision to not hold the vote in secret despite a parliamentary decision approving a secret ballot.

Previous MP liquor cases

Police last year forwarded a case for prosecution against MP Ahmed ‘Sun Travel’ Shiyam, after a bottle of alcohol was allegedly found in his luggage in March 2012 upon his return to the Maldives after an overseas trip.

The bottle was allegedly discovered when his luggage was screened.

Shiyam is the head of the Maldives Development Alliance (MDA), a new party allied with the Progressive Party of the Maldives and its bid for the presidency on September 28.

Newspaper Haveeru reported on September 3 this year that the case was sent back to police by the Prosecutor General’s Office in August 2012 to clarify further information.

Police have yet to send the case to the PG office over a year later.

The penalty for alcohol possession in the penal code is either a fine of between MVR1,000 to MVR3,000 or imprisonment, banishment or house arrest between one to three years.

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Swedish national acquitted of charges related to death of British couple in quad bike crash

Swedish national Filip Eugen Petre has been acquitted of all charges pressed against him during a Criminal Court trial, concerning his alleged role in a quad bike accident that resulted in the death of a British couple at Kuredu Island Resort in August 2011.

Emma and Jonathon Gray from Yorkshire in the UK, who had been staying on the resort for their honeymoon, were reported dead on August 6, 2011, after the quad bike they were riding was believed to have collided with a tree.

Petre, a son of a shareholder at the resort, was later charged with ‘disobedience to order’ by state prosecutors over his alleged decision to transport the couple on a vehicle not intended for passengers.

Criminal Court Media Official Ahmed Mohamed Manik confirmed that the presiding judge had ruled the suspect was not guilty, based on statements and evidence produced during the trial. The decision was made shortly before the presidential election held on September 7.

Manik said he was unable to provide Minivan News with further details of the case at time of press.

Local media reported on September 6 the presiding judges’ conclusion that, although the quad bike was not intended to carry passengers, staff on the resort had said the vehicle had previously been used to transport more than one person at a time.

According to Haveeru, the Criminal Court also ruled that the state could not conclusively prove Petre was directly responsible for the incident on the property.  He was therefore acquitted of the charges.

Local media reported that Kuredu’s management had offered to cover all the expenses for the upbringing of the Gray’s son, who was just six months old at the time of the incident.

A spokesperson for Kuredu Island Resort declined to comment on the case, referring media enquiries to the Criminal Court.

Case stalled

Minivan News reported in March this year that Petre’s case was at a standstill as the Criminal Court claimed it was waiting on responses from the parents of the deceased regarding their preferred form of punishment for the accused.

However, both police in the UK and the families of the deceased previously insisted that their decision had been submitted and re-submitted to the court in 2012.

Director of the Department of Judicial Administration Ahmed Maajid at the time said that, although the trial hearings were over, a final verdict would not be delivered by the court until all family members had been consulted on their preferred form of punishment for the accused.

A relation of the Grays previously told Minivan News that their statements had been submitted multiple times on different occasions to the courts.

“On the last hearing, which was held on February 27, closing arguments were given by the state and the defense. The judge has stated that the final verdict of the charge would be delivered at the next scheduled hearing,” the relative said the family had been told.

Under Islamic law, the family of the victim is given the option to sentence the accused to execution, blood money or to forgive them.

The same relative added that, while they did wish to see some form of punitive sentence for the driver if he was convicted, the family did not want any severe or long-term action to be taken against the defendant.

“He’s just a young guy. We don’t want to see his life ruined,” the relative said.

Jonathan Grey’s mother Cath Davies told UK-based newspaper the Halifax Courier in March 2012 that the prospect of Petre facing the death penalty was “shocking. It’s absolutely horrendous.”

Previous hearings

In previous hearings of the trial, prosecutors claimed that the charge of ‘disobedience to order’ Petre was accused of had resulted from his decision to carry people on a vehicle which was not intended for passengers.

The prosecution contended that his criminal action began from the moment he allowed the couple to ride with him on the vehicle.

Presiding Judge Abdul Baary Yousuf declared in court during earlier hearings that Petre’s lawyer had himself confessed during the trial that his client had driven the quad bike carrying Emma and Jonathan Gray as it crashed on the tourist property.

As a result of this confession, the judge said the state did not have to produce any evidence to prove Petre was the driver of the vehicle during the collision.

Representing the prosecution, State Attorney Aishath Fazna also contended that because Petre had “confessed” to driving the quad bike, she did not believe the state had to produce evidence to support this assumption.

However, Petre’s lawyer Areef Ahmed responded at the time that his client had not directly confessed to driving the quad bike and argued that his client continued to deny the charges against him.

Petre’s lawyer has also contended that his client could not be charged under Islamic Sharia because his client is non-Muslim.

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Police operate under “law of the land”, not the orders of individuals: Commissioner Riyaz

Additional reporting by Mariyath Mohamed

Police Commissioner Abdulla Riyaz has dismissed opposition allegations of the possible politicisation of officers during the presidential election, scheduled for September 7, maintaining that the institution is bound by the “law of the land” and not any one individual.

In the lead up to this month’s polling, the opposition Maldivian Democratic Party (MDP) has continued to accuse the chief of police of conducting “overtly political” actions, while also being a key player in the controversial transfer of power on February 7, 2012 – which it maintains was a “coup d’etat”.

Commissioner Riyaz is currently under investigation by the Police Integrity Commission (PIC) over the temporary publication of a letter on Twitter that was allegedly written by a third party urging officers to vote against MDP candidate and former President Mohamed Nasheed.

Article 69 of the Police Act states, “It shall be illegal for any police officer to commit any of the following acts even in his or her personal capacity, a) Committing any act or participating in any activity that obstructs the performance of his or her duty without bias or partiality b) Committing any act or participating in any activity that could create doubts in the minds of citizens/the public concerning the performance of his duty without bias or partiality c) Becoming a member of any political party, or participating in any activity organised by a political party, or providing financial assistance to a political party.”

Nasheed resigned from office last year following a police and military mutiny that led to Riyaz being appointed as chief of police.

While the investigation over the Twitter case is pending, the PIC yesterday ruled that the commissioner had been appointed to his position in compliance with the Police Act, and that his appointment was lawful.

Meanwhile, Riyaz stressed in July this year the police service will continue to refuse any orders it decides are “unconstitutional” after expressing concerns over leaked proposals allegedly devised by the MDP to reform the country’s security forces should it win the upcoming election.

Committed to transparency

Speaking to media in Male’ today, the police commissioner said the institution was committed to transparency in providing election security.

However, he declined to discuss the investigation into the content of a previous controversial post on his official Twitter page, or the issue of why officers were today seen by local media removing campaign posters and images posted on private property, depicting a violent crackdown against MDP supporters by authorities directly following the change in government last year.

The commissioner said he could only answer questions on matters relating to Saturday’s election, while also rejecting accusations that the Maldives Police Service favoured any specific candidate during voting.

“The Maldives Police Service is an institution and not an individual. We are bound by the constitution to make sure officers operate with the laws of the land,” he said. “Yes, there have been some allegations [of politicisation among senior officers including himself] from one party out of several, but we do our best to be transparent.”

Riyaz told Minivan News that the MDP – as the country’s sole opposition – has been invited to four separate meetings held for political parties to discuss any concerns regarding the police strategy to produce election security on polling day.

He added that the party had declined to attend on all occasions.

“My message would be is that all officers must act in accordance to the law and human rights,” Riyaz said.

Electoral security plans

The commissioner also today updated local media on the police service’s election security plans that will see officers stationed on all inhabited islands by this evening under the name ‘Operation Blue Waves‘.

Riyaz said he was calling on all “political actors and their supporters”, as well as the general public to ensure officers were provided with maximum cooperation to officers involved in providing security during the election.

“I also urge everyone to maintain peace, and should they have any concerns, to address them within due process,” he advised.

“We must set an example to the world by showing that we can get through this elections while maintaining absolute peace and stability.”

In comparison to the country’s first multi-party election held in 2008, Riyaz described the present election campaign period as being generally peaceful despite a “few incidents” occurring, arguing he had received no complaints of any presidential candidate being refused entry to islands.

“I have personally observed how ready our teams are to deal with any situation that may arise. Each officer knows their role and responsibility. We are working closely with the Elections Commission (EC) under an MOU we signed, and are also working with the Maldives National Defence Force (MNDF). I am certain that this election day will proceed peacefully, without incident,” he continued.

Despite anticipating a peaceful vote, Riyaz added that SWAT teams and Special Operations (SO) Officers had been provided with election-related training, but would only deployed as a “last resort”.

“Here is the thing, we will only be using the ‘Blues’ [general police officers] for election security purposes. Only if things escalate, and special response teams need to be deployed will we use the SO and SWAT teams. They will only be used as a last and final resort when we absolutely have to. We will try our best to avoid deploying them,” he responded.

The commissioner said that UN human rights experts had also held training with both the SO and SWAT teams on overseeing polling efficiently.

“The team they trained then held wider sessions for the rest of the police force. Our aim is to protect all citizens of Maldives, and all officers are trained to do so,” he said.

As part of the police’s election security strategy, Riyaz added that the Commonwealth had also provided a technical expert who was continuing to assist the institution and provide feedback on their plans for the election day.

The technical consultant, Eldred de Klerk, today met with officers from the country’s South Police Division based in Addu to try to get an understanding of their work and technical capabilities available on the ground during polling.

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“Worst fears” over Blackstone seaplane buyout now a reality, warns hotel group

Several multinational hospitality groups have alleged that the decision to sell the Maldives’ two main seaplane operators to US-based private equity fund Blackstone is having a “significant” negative impact on industry profitability – potentially compromising local jobs.

Blackstone announced back in February this year that it had purchased a controlling stake in both the Maldives’ seaplane operators, Trans Maldivian Airways (TMA) and Maldivian Air Taxi (MAT) for an undisclosed sum. Since the merger, the company has been operating under the TMA brand.

Major resort groups – speaking on condition of anonymity – have alleged that a number of properties were losing money on a monthly basis as a result of being reliant on services provided by the now-consolidated national seaplane operator.

“Worst fears”

In a letter addressed to the Secretary General of the Maldives Association of Tourism Industry (MATI) – obtained this week by Minivan News – one of the largest multinational companies operating in the country expressed concern that “our worst fears about the [seaplane] monopoly situation are becoming a reality.”

“You are of course aware that The Blackstone Group’s recent entry into the market has had the effect of eliminating competition and creating a monopoly in the charter seaplane market in the Maldives,” wrote the multinational’s CEO in a letter dated August 5, 2013.

“We were concerned from the outset about the potential disruptions this could cause in the market and have been monitoring the situation closely.”

The CEO added that, with discussions ongoing over securing a seaplane charter contract for its resort properties in the country, the company was particularly concerned at several contractual points being “forced” onto the group by TMA.

According to the letter, these concerns include:

  • A significant increase in prices from previous seaplane contracts
  • A reduction in services and benefits being offered to hospitality groups
  • An exclusivity clause forbidding any deals between the company and other seaplane operators
  • A “contractual link” to use landplane operations it alleges are set to be launched by TMA
  • Minimum contract term of three years for seaplane operations

“As you can see, the terms being forced upon hotel owners are highly anti-competitive and will have a significant negative impact on the market. We are being forced to accept unfavourable terms and TMA is trying to lock itself into a monopoly position by insisting on long-term exclusive contracts,” the multinational hospitality group’s CEO continued in his letter to MATI.

“Ultimately, these costs will be passed on to tourists, which will make the Maldives an even more expensive tourist destination and ultimately deter tourists from visiting , this will cost Maldivian jobs and damage the industry and economy.”

“Sensitive issue”

A senior official for another major multinational hotel group using TMA’s services said it had been experiencing a number of problems in recent months related to transporting clients by seaplane – describing the matter as a “sensitive issue”.

As well as general concerns about service costs, which it said were now “quite high”, the resort source claimed they had also noted issues with TMA cancelling flights without providing prior notification to the resort or its passengers.

In some cases, the resort official alleged that the resort had been given no choice but to provide customers with free meals and even additional nights stay on their property as a result of what it said were last minute cancellations by TMA.

“Although we have had no complaints from guests themselves, this has become quite expensive for the resort,” added the resort official. “I speak with many other resorts and many have said they are losing money monthly by having to provide these transfers [by seaplane].”

The source also noted what they believed was a decline in service in recent months, personally finding travelling with TMA a comparatively “unpleasant experience”.

“Right now, there is no competition as it is only TMA offering services,” the source said.

Domestic alternatives

Meanwhile, the general manger of a resort based in the north of the country, which is currently in negotiations with TMA to renew its contract, also raised concerns over the recent services being provided to guests since the takeover by Blackstone.

“We are not the only resort I know of who believes the services are not as good. There are less flights and more island hopping,” the source claimed.

The manager said that with the recent inauguration of a domestic airport in the country, the resort’s own reliance on TMA was no longer as strong, though they added that many guests preferred the opportunity to travel the country by seaplane where possible.

Despite the preference of many tourists to fly by seaplane, the general manager said that tour operators were now opting to use domestic air travel for customers travelling to the resort as “standard”.

“We are expecting more clients to travel by domestic flights, although some would rather pay to upgrade and fly by seaplane,” added the general manager.

Minivan News was awaiting responses from TMA, Blackstone, MATI Seceretary General Ahmed Nazeer, and Tourism Minister Ahmed Adheeb at time of press.

Investment climate

Speaking this week during a live question and answer session ahead of the upcoming election on September 7, President Dr Mohamed Waheed took full credit for securing Blackstone’s purchase of the country’s seaplane operators.

He cited the deal as an indication of the health of foreign investment under his administration, amidst criticism over his government’s termination of two high-profile foreign investment contracts, including a US$511 million valued agreement with India-based GMR to develop and manage Ibrahim Nasir International Airport (INIA).

“It is ridiculous to claim we are not getting foreign investments now. They are very eagerly coming, even more now. One example of a great investor that I brought in recently is Blackstone,” President Waheed said during the televised event.

Attorney General Azima Shukoor last month accused the previous government of failing to conduct sufficient research before signing several major foreign investment projects that have since been terminated by the present administration.

Speaking at the time of the sale back in February, former Minister of Economic Development Mahmood Razee, also former Minister of Civil Aviation, noted that the purchase of a controlling stake in the only two seaplane operators by a single company had effectively monopolised the market.

“This is a very exclusive market, and critical to the tourism industry. Even though both MAT and TMA operate the same aircraft, they have not previously been willing to cooperate,” Razee said, explaining that the Maldives did not have anti-monopoly laws which may have otherwise obstructed the sale.

Previously, resort managers could approach both companies seeking the better price for seaplane services, upon which they were reliant for the vast majority of their guest arrivals: “Now there is no effective competition, as the major shareholder is one and the same,” Razee said at the time.

He acknowledged that “in an ideal world” prices could come down, as the two companies have been operating identical aircraft but duplicating maintenance and other services.

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