Author: Mohamed Naahee

Don’t elect President who will “run after you with batons”, Defence Minister advises MNDF officers

Defense Minister Mohamed Nazim has strongly advised officers of the Maldives National Defence Force as to how they should vote, suggesting they should not elect a candidate who would “run after them with batons”.

Nazim made the remarks while addressing military officers during the ceremony held to mark the 121st anniversary of the Maldivian army on Wednesday.

Nazim – who was a central figure behind the ousting of former President Mohamed Nasheed on February 2012, which the opposition Maldivian Democratic Party (MDP) maintains to be a coup d’etat – stressed that though the military were not allowed to partake in political activities, the right to cast their ballot in the presidential elections like any other citizen, “must be exercised with due care”.

He also urged the officers to questions their own conscience before casting their ballot that would elect the President – who by virtue is their highest authority as Commander in Chief.

Attempting to draw a line between former President Nasheed and President Mohamed Waheed Hassan – who was present at the ceremony – Nazim said that “it is important to see whether the commander in chief is a person who would run after [you] with a baton or whether he is a person who takes a great deal of patience in resolving complicated matters”.

Nazim who appeared keen to advise the military on what type of a candidate they should vote for in the elections, said the military had a proud history and that the person who assumes the role of their commander in chief should possess certain features.

“That is why we must see who we are voting in the next elections,” the retired colonel said.

Nazim also spoke about his “experience” of February 7, 2012 when former President Nasheed’s government was toppled.

Nazim who was a civilian at the time, took over the command of the military and was seen leading the military side while Nasheed was still legally the commander-in-chief.

Nazim entered military headquarters as a civilian and gave Nasheed an ultimatum to unconditionally resign within one and a half hours time, or face consequences.

Nasheed, who had by then lost control of both the army and police and was surrounded by angry protesters including mutinying security forces, bowed to the demands and submitted his resignation. The protesters, including military and police officers, promptly stormed the state broadcaster, and Nasheed’s resignation was broadcast live on the re-appropriated network.

Nazim, explaining his view of the controversial events, said he went near the MNDF barracks after he lost his patience with the chaos that had built in the area. Another reason, he said, was to lend any sort of assistance he could provide to help the country at the time since he was an ex-serviceman.

“If the events that took place on that day had taken a different turn, instead of being in this position I would have ended up behind bars in jail. I might not even be alive,” he admitted.

Nazim claimed that the events witnessed on February 7 would continue to remain an unforgettable event and said that the country’s political leadership had severely failed.

“I saw the MNDF officers totally confused. They did not know what was happening. I am sure no soldier of this great nation would want such a day to repeat again,” he said.

Nazim also praised President Waheed claiming that it was the president’s immense patience and foresight that helped resolve the political chaos that followed after the change of regime.

The Defence Minister also claimed that President Waheed put a great deal of trust in the senior leadership of the military and has given the military the space and freedom to organise the institution on its own.

He also assured that MNDF officers would not be used by President Waheed to gain any political upper hand.

Nazim trying to politicise MNDF, claims MDP

The opposition Maldivian Democratic Party (MDP) condemned Nazim’s remarks to the military, claiming that the minister was attempting to influence officers’ right to freely cast their vote.

Speaking to Minivan News, MDP Spokesperson MP Imthiyaz Fahmy said the day Nasheed was toppled was the day Nazim gave up his self-respect and dignity, by orchestrating a “coup d’état”.

“After committing the highest treason against this state and being at the forefront of a coup that toppled the country’s first democratically elected president, who is Nazim to talk about pride in the MNDF in the first place?” Fahmy asked.

Fahmy described Nazim’s speech as a “cheap” political gimmick and claimed it showed how desperate the government was given  poor public support for President Waheed.

“It is hilarious that Nazim is speaking about running after people with batons. This same person was among those who ran with batons and beat ordinary people of this country. But yet, without even a single hint of shame, he is now telling MNDF officers to look out for those with batons,” Fahmy said.

Fahmy reiterated that despite how much Nazim tries to convince that he is not a “coup leader” the majority of the officers in MNDF knew who Nazim was and that they knew what happened on February 7 was wrong.

“I am certain that despite all of this, the MDP will get the majority votes even from the MNDF,” Fahmy added.

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President expresses “sadness”, JSC “forms committee” over Supreme Court judge sex tape

Police have formally notified the Judicial Service Commission (JSC), the Prosecutor General and President Mohamed Waheed Hassan regarding its investigation into the leaked sex-tape of Supreme Court Justice Ali Hameed.

Still images from the sex tape, allegedly showing the judge committing adultery with an unidentified foreign woman, were circulating on social media networks in Male today.

According to Maldivian law, the crime of fornication is subject to 100 lashes and banishment or house arrest for a period of eight months. However in the absences of witnesses or a confession, video footage is only considered supporting evidence.

The courts regularly issue this sentence, overwhelmingly to women found guilty of extramarital sex. Sentences are carried out in front of the justice building.

Commissioner of Police Abdulla Riyaz has meanwhile confirmed that it was Justice Ali Hameed’s video that is being investigated.

A police spokesperson told Minivan News individuals believed to be involved in the scandal had been either summoned to the police for questioning or had been arrested with a court warrant.

“We are currently investigating two cases concerning the video. One is the case of those who had been using the video to blackmail the people in it, and the other concerns the content of the video,” said the spokesperson.

Asked if there had been any intervention into the case by the JSC – which has previously asserted it has sole authority to investigate matters involving judges – the official said no such communications had been made. He emphasised that “police will not hesitate to take any action as required by law.”

Spy camera video

Last Sunday, a second spy camera video apparently depicting a Supreme Court Justice and a local businessman discussing political influence in the judiciary surfaced on social media networks.

The local media identified the two individuals seen in the video as Justice Ali Hameed and Mohamed Saeed, the director of local business firm ‘Golden Lane’.

The discussion between the two individual revealed how feuds between politicians were settled through the court even when they did not involve any legal disputes.

In the video, the Supreme Court Justice reveals of devious plots by politicians including one that involved a plot of “killing off” DRP leader Thasmeen Ali and refers to a “second person to be killed,” however due to the unclear audio it is not clear what the parties are referring to, or the context of the “killing”.

In another instance, the alleged Supreme Court Justice further went onto reveal his political ‘hook-up’ with Abdulla Yameen Abdul Gayoom – the current Progressive Party of Maldives (PPM) presidential candidate and half-brother of former President Maumoon Abdul Gayoom – claiming that he was one of Yameen’s “back-ups” and that his stand was “to do things the way Yameen wants”.

President Waheed expresses “sadness” over judge’s sex-tape

The video appeared shortly after the arrest of Ahmed Faiz – a council member of President Dr Mohamed Waheed’s Gaumee Ihthihaad Party (GIP) and then-Project Advisor at the Housing Ministry – while he was allegedly trying to sell a sex tape of a Supreme Court Justice, believed to be the same tape now subject to police investigation.

However, answering a question posed by local media at a press conference on Wednesday, President Waheed said it was a “very sad” thing for such a video to appear in public.

Taking a deep breath, Waheed said that there were “mistakes from both sides”, suggesting that both Justice Hameed and those who leaked the video were at fault.

“If the video is true, that means serious questions are raised against a Supreme Court Justice. However the video was obtained through planning. Making such videos in order to blackmail senior officials of the state is a huge crime,” Waheed said.

Waheed stressed that it was not within his mandate to take action against judges but appeared optimistic that the authorities would take action against the judge and that the matter would soon be resolved.

JSC irresponsible, says commission member

However, JSC’s member appointed from public, Shuaib Abdul Rahmaan did not share the same optimism.

In an interview with Haveeru, Shuaib contended that the JSC should suspend the judge from the Supreme Court bench while the police investigation was in progress.

Shuaib also alleged that the JSC was irresponsible as it had taken no action on the matter.

Speaking to Minivan News earlier, JSC Spokesperson Hassan Zaheen refused to comment on the case.

“Our legal department will analyse the video and if there happens to be a case which the commission needs to look into, then the department will inform the commission members,” he said at the time.

The JSC subsequently established a five-member committee to look into the matter at today’s meeting, after receiving the letter from police. Local media reported that the committee included commission members Latheefa Gasim, Ahmed Rasheed and Abdulla Didi, and two external lawyers: Hussain Siraj and Mohamed Anil.

Shuaib meanwhile alleged the JSC Chair, Hameed’s fellow Supreme Court Justice Adam Mohamed, was attempting to cover up the issue.

“Adam, it seems to me is trying to cover up the whole thing,” Shuaib declared.

JSC goes against precedent set by itself

According to Shuaib he had tried to take the matter to the commission meetings, but the chair had initially refused to put it on the agenda.

Instead, Shuaib said the chair of the commission wanted to make the matter a side table business and discuss it off the record.

Highlighting previous precedents in which the JSC had taken action against judges, Shuaib recalled the time former Civil Court Judge Mohamed Hilmee was arrested by police while indulging in sexual behaviour on the beach in front of the Hulhumale Magistrate Court.

Police at the time reported that  Judge Hilmy and his wife Aminath Ali – who was his girl friend at the time – were discovered by police while in a state of undress.

The pair refuted  the charges but the Criminal Court at the time noted that three police constables who witnessed the act had testified stating that “Aiminath’s underwear and pants were down to her knees” and that Hilmy had his “pants down to his knees” as well.

JSC Chair Adam meanwhile disputed Shuaib’s allegations, declaring that the commission would look into the matter in accordance with set procedures and rules.

Justice Hameed, who according to Supreme Court holds a Bachelor of Shari’ah and Qadhaa (Shari’ah and Law) degree from Ummul-Qura University in Mecca, is yet to face any repercussions over the sex-tape and continues to preside over Supreme Court cases.

His most recent appearance was on Thursday June 27, where he presided over the case involving the Bank of Maldives and DRP Leader Ahmed Thasmeen Ali’s company Kanbaali Faru Investment. The bank had sought to reclaim loans that had not been paid by Dr Waheed’s presidential running mate.

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Police investigating blackmail case involving Supreme Court Judge’s sex tape

Police have said they are currently investigating a case involving sex tapes of a judge alleged used in a blackmail attempt.

A police spokesperson said investigations are in progress and individuals believed to be involved in the case had been either summoned to the police for questioning or had been arrested with a court warrant.

“We are currently investigating two cases concerning the video. One is the case of those who had been using the video to blackmail the people in it, and the other concerns the content of the video,” said the spokesperson.

Asked if there had been any intervention in the case by the Judicial Service Commission (JSC) – who have previously claimed they are the sole authority able to investigate matters involving judges – the official said no such communications were made as of yet, and emphasised that “police will not hesitate to take any action as required by law.”

“In these types of cases, police investigators will look into those behind the blackmailing network, such as who is profiting from it, and will take all necessary actions against those involved,” the official stressed.

The spokesperson added that due to  current laws not being up-to-date with new media and social networks, there remained “slight difficulties” in investigating cases but said that such cases had previously been successfully investigated.

“Our cyber crime department and intelligence department will jointly work in apprehending those involved in blackmailing,” the spokesperson said.

Police urged the public and those who may have been victims of such blackmailing to make use of the police not to give in to the demands made by blackmailers.

Leaked spy camera footage

Last Sunday, a spy camera video apparently depicting a Supreme Court Justice and a local businessman discussing political influence in the judiciary surfaced on social media networks.

The local media identified the two individuals seen in the video as Justice Ali Hameed and Mohamed Saeed, the director of local business firm ‘Golden Lane’.

The spy camera footage, which carries the date January 24, 2013, shows the pair discussing how politicians have been influencing the judiciary.

The discussion between the two individual revealed how feuds between politicians were settled through the court even when it did not involve any legal disputes.

“Politicians can resolve their failures if they work on it, what the judiciary has to do, what we have to do is when these baaghees (traitors) file cases, we should say, ‘That it is a political matter. That it’s not a judicial issue. It’s not a legal issue. So don’t drag us into this. There is no legal dispute,’” the judge is heard saying.

The discussion also revealed a plot of “killing off” DRP leader Thasmeen Ali and refers to a “second person to be killed,”

However, due to the unclear audio it is not clear what the parties are referring to, or the context of the “killing”.

The alleged Supreme Court Justice further went onto reveal his political ‘hook-up’ with Abdulla Yameen Abdul Gayoom – the current Progressive Party of Maldives (PPM) presidential candidate and half-brother of former President Maumoon Abdul Gayoom – claiming that he was one of Yameen’s “back-ups” and that his stand was “to do things the way Yameen wants”.

The Justice, despite being in Yameen fraternity, boasts in the video that he was a person who “even Yameen cannot play with” and that over time he had “shown Yameen” who he is.

President Waheed’s party implicated

The video came to light shortly after the arrest of Ahmed Faiz – a council member of President Dr Mohamed Waheed’s Gaumee Ihthihaad Party (GIP) and then-Project Advisor at the Housing Ministry – while he was allegedly trying to sell a sex tape of a Supreme Court Justice, believed to be the same tape now subject to police investigation.

Faiz was subsequently dismissed from his position as a party council member. GIP also in a media release claimed that the party would consider expelling him from the party depending on how the police investigation proceeded.

Faiz, who has been placed under remand detention for 15 days, was also the GIP representative at press conferences of the unofficial “December 23 coalition” of eight political parties that organised a mass gathering in 2011 against the allegedly anti-Islamic policies of former President Mohamed Nasheed.

He was present at a press event of the December 23 alliance on January 8, 2012 where the group announced plans for a “mass symposium” for February 24, 2012. He was also present when opposition leaders met then-Vice President Dr Waheed in his official residence at 1:00am on January 31 – seven days before the controversial transfer of presidential power – and pledged their allegiance to the vice-president.

The ex-council member of GIP also participated in the press conference later that night when opposition party leaders called on the police and army to pledge allegiance to Dr Waheed and “not carry out any orders given by President Nasheed.”

Known to be a close aide of President Waheed, Faiz boasted about his influence within the government as a “close confidante” of President Waheed and that he was in a position to embezzle large amounts of money from MBC and the State Trading Organisation (STO) in a leaked audio clip aired on opposition-aligned private broadcaster Raajje TV.

President’s Office Media Secretary Masood Imad told Minivan News earlier that in light of the developments, Faiz had been sacked from his position in government.

Following the media reporting on the case, JSC Spokesperson Hassan Zaheen told local media that the commission had learned about the video through media reports.

He explained that the legal department would first analyze the video and then decide whether the case was one the commission should investigate.

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DRP Leader Thasmeen settles MVR 1.9 million debt owed to Deputy Speaker

Running mate of incumbent President Mohamed Waheed Hassan and Leader of the Dhivehi Rayithunge Party (DRP) Ahmed Thasmeen Ali has settled a debt of MVR 1.9 million (US$ 124,513) owed to the Deputy Speaker of Parliament Ahmed Nazim, the Civil Court has announced.

Deputy Speaker Nazim filed a court case at the Civil Court in March 2011 against the DRP Leader to recover the money – which is the remnant of a loan worth MVR 2.55 million (US$200,000) given by him to Thasmeen.

In April 2011, the Civil Court ordered the then-opposition leader to pay back the sum to the court in installments within a period of six months until the repayment was complete.

Sitting Judge Hathif Hilmy also ordered Thasmeen to pay Nazim MVR 1,800 (US$140) incurred as lawyer’s fees, based on a rate of MVR 300 (US$19.45) per hearing. Nazim had however claimed MVR 100,000 (US$6,485.08) in compensation for lawyer’s fees.

Following the verdict, Thasmeen appealed the case at the High Court. The High Court upheld the Civil Court ruling but invalidated the order concerning the payment of lawyer fees.  The case was presided by now-suspended-High Court Chief Judge Ahmed Shareef, Judge Abdulla Hameed and Judge Ali Sameer.

Despite the High Court ruling, Thasmeen had not paid the debt which forced Nazim to file another lawsuit in Civil Court requesting the court to enforce its previous verdict that was upheld by the High Court.

Civil Court subsequently issued a court order freezing the bank accounts of Thasmeen and withholding his passport – preventing him from leaving the country. During the hearings, Thasmeen’s lawyers told the court that they were preparing to appeal the High Court ruling at the Supreme Court.

However, the Civil Court judge responded that the civil case would proceed until such a time when the Supreme Court decides to hear the appeal.

In an announcement made on Wednesday (July 3), the Civil Court said that since Thasmeen has paid the court the sum of money, the court order freezing his bank accounts and withholding his passport will cease to have its effect.

Meanwhile former MP for Thimarafushi Constituency Mohamed Musthafa has filed a case at the Supreme Court requesting the apex court to declare the seat of Thasmeen in parliament vacant, over the unpaid debts.

As per the Maldivian constitution, “a person shall be disqualified from election as, a member of the People’s Majlis, or a member of the [parliament] immediately becomes disqualified, if he has a decreed debt which is not being paid as provided in the judgment.”

The former opposition Maldivian Democratic Party (MDP) MP – who lost his own seat through a Supreme Court ruling over unpaid debts – said Thasmeen’s seat is already deemed vacant as he had failed to pay in accordance with the court order.

Musthafa contested that even if Thasmeen repays the money, he would still lose his seat.

The former MP filed the case on the same precedent that unseated him from his seat, where the Supreme Court in 2012 concluded that Musthafa was constitutionally ineligible to remain in the seat over his failure to pay the debts.

Should the Supreme Court rule in favour of Musthafa, apart from losing his seat Thasmeen would face serious complications in becoming the running mate of a presidential candidate since the same constitutional prerequisite – to not have a decreed debt that is not being paid as ordered by a court – applies to those contesting for the position of president and vice president.

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Umar Naseer requests Supreme Court ruling on party membership

Former Vice President of the Progressive Party of Maldives (PPM) Umar Naseer has filed for a Supreme Court ruling requesting the court declare how a person becomes a member of political party.

Speaking to local media outlet Sun Online, Naseer said that the procedure as to how a person becomes a member of political party were unclear as per the Political Parties Act. Therefore the case was filed at the court requesting it to make a clarification on the matter, added Naseer.

“It has to be cleared whether a person becomes a member of political party after he submits the form to the party office or whether the person is registered in the elections commission as a member of the said party. This is unclear. This is what I want to seek from Supreme Court,” he said.

The application for the ruling comes shortly after Civil Court dismissed his case challenging the legitimacy of the PPM’s presidential primary in which Naseer lost to Abdulla Yameen.

Naseer has since been removed from the party after accusing his rival of rigging the vote to secure his victory.

The Civil Court ruling stated that Umar Naseer has the opportunity to appeal the decision of the disciplinary committee with the party’s own appeal committee.

The court referred to Naseer’s accusations that the party’s disciplinary committee was under the influence of certain figures within the party, but said he was not able to prove these accusations.

The Civil Court said that unless this was proved otherwise the court had to consider that the disciplinary committee and appeal committee of the PPM were functioning as stated in the party’s charter.

In May, Naseer resubmitted the case at the Civil Court to try and invalidate the outcome of the Progressive Party of Maldives (PPM) primary vote.

The previous case seeking to invalidate the PPM primary was submitted by party member Rahma Moosa, who alleged that thousands of voters were not officially registered with the PPM at the time they cast votes on their preferred party candidate.

Rahma Moosa reportedly filed the case claiming that 8,915 people who were not officially registered as members of PPM had been allowed to vote in the primary. She contended that the move contravened the Political Party Act and compromised the rights of all general members of the party.

Meanwhile the elections commission has expressed concerned over alleged fraud involved in signing members to political parties ahead of the election.

On Tuesday, the Elections Commission sent a fraud case involving President Mohamed Waheed Hassan’s Gaumee Iththihaadh Party (GIP) after in found 11 membership forms had been filled out in the name of people who had died long before their signature appeared.

The Chair of the Commission Fuwad Thowfeeq said the commission decided to send the matter to police after it identified evidence of wrongdoing.

“If a person dies, or should their legal age come up to 18 years, they are automatically entered into our database. But in GIP’s case, they have deliberately filled out the forms on [members’] behalf. So certainly there is wrongdoing involved in it,” he said.

He said that the commission was currently probing into a case sent to it by the Anti Corruption Commission (ACC) regarding another fraud case concerning GIP’s party membership. The ACC claimed of 100 GIP members polled, 85 had no knowledge of ever joining the party.

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Thasmeen labels Yameen as “inhuman” for not endorsing two ministers

President Mohamed Waheed Hassan’s running mate Ahmed Thasmeen Ali – who also heads the government-aligned Dhivehi Rayyithunge Party (DRP) – has strongly criticised the presidential candidate of fellow coalition party the Progressive Party of Maldives (PPM) over the parliament’s decision to reject several cabinet appointments.

On Monday, President Waheed’s government faced a major setback in parliament after two out of its three recent cabinet appointments failed to receive the required parliamentary approval.

The new Human Rights Minister Aishath Azima Shukoor and Attorney General Aishath Bisham were reject in close votes, while Transport Minister Ameen Ibrahim narrowly succeeded in getting the required consent.

Shukoor, also Waheed’s former Attorney General, was rejected 33 votes against to 31 in favour with no abstentions, while her replacement as Attorney General, Aishath Bisham, was rejected 32-32, with Speaker Abdulla Shahid casting the deciding vote not to approve her appointment.

Transport Minister Ameen Ibrahim was approved by 33 votes in favour to 32 against, with one MP abstaining.

Opposition Maldivian Democratic Party (MDP) MPs followed their party line to reject all three ministers while PPM MPs were largely absent from the floor.

The PPM MPs who remained – including Ahmed Mahloof, rumoured to be considering a switch to the opposition Maldivian Democratic Party (MDP) – voted against the party whip line.

President Waheed subsequently re-appointed Shukoor – who had been serving as Gender Minister – to her earlier post of Attorney General, requiring another future vote of consent.

In a short media briefing held after the vote, a frustrated Thasmeen blasted Yameen, claiming that he had purposefully left the parliament floor with his party members to make sure the ministers did not get parliamentary approval.

“PPM MPs under the leadership of its presidential candidate decided not to be present on the floor when the vote took place. Due to that, two ministers were not able to get enough votes to get parliamentary consent,” Thasmeen declared.

PPM was among the many former opposition parties that pledged support to President Waheed following his sudden ascension to power in February 2012, after his predecessor former President Mohamed Nasheed stepped down during a mutiny within the police and military.

PPM has since then maintained that it had supported the government only for the sake of national interest and for the well being of the people.

However, Thasmeen on Monday disputed the claim stating that the real picture of Yameen and his “ruthlessness” had now been revealed to the public.

“It is a great blessing and a very good thing to see this side of Yameen prior to the election. People will see the real face of Yameen,” Thasmeen claimed.

Thasmeen – who was also the running mate of Maldives former dictator Maumoon Abdul Gayoom in 2008 elections – reiterated that people must judge a candidate whom they would vote in the election by the yard stick of “humanity and humane values”.

“I remember exactly what happened when former President Nasheed unlawfully arrested Yameen [in 2010]. At that time it was Azima Shukoor who worked tirelessly day and night for his release from custody,” he added. “But Yameen forgot about that today.”

Despite the defeat, Thasmeen appeared confident claiming that the current government had a sufficient number of MPs supporting it and such defeats would not be a common occurrence.

Presidential election is more important, says PPM

Justifying the decision to leave the floor during the critical vote, Deputy Leader of PPM Abdul Raheem Abdulla told the media that its presidential candidate had not been present because he had to go on a campaign trip that was scheduled on the same day. He said PPM was currently more focused on the upcoming presidential elections.

Raheem also alleged that President Waheed had become “very personal” against the PPM, and said many individuals who held political positions in the government had been dismissed from their posts after they joined the PPM.

Previously, Home Minister Mohamed Jameel Ahmed – a former member of Dhivehi Qaumee Party (DQP) that has decided to back Waheed’s re-election bid – was dismissed from his position upon the request of DQP’s Leader Dr Hassan Saeed after Jameel joined the PPM to become the running mate of Yameen.

Other members of the DQP, including Deputy Tourism Minister Maleeh Jamaal and State Minister for Economic Ministry Abdulla Ameen, were dismissed from their positions after their refusal to back President Waheed.

Meanwhile, speaking to local newspaper Haveeru from Addu City, Yameen said Azima was best suited for the position of Attorney General and PPM did not want to see her in another cabinet position. Yameen claimed President Waheed had not discussed the matter with the party before appointing her as Gender Minister.

“I was the one who first told President Waheed to appoint Shukoor as the Attorney General. I worked for that. Back then she was a council member of PPM,” Yameen said.

Regarding the new Attorney General Bisham, Yameen said PPM did not support her because the party believed Shukoor was the one who should be in the position.

“The most important thing is who is the most competent person for Attorney General. We were expecting Shukoor to be the attorney general knowing her competence and back then the government listened to what we say,” Yameen explained.

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Former President Nasheed promises to reform Judicial Service Commission within 68 days

Former President and opposition Maldivian Democratic Party (MDP)’s Presidential Candidate Mohamed Nasheed has said that he and his party will reform the state’s judicial watchdog the Judicial Service Commission (JSC) within the remaining 68 days before the scheduled presidential elections.

Speaking during a press conference on Monday, Nasheed said issues coming up recently concerning judges significantly threatened the dignity and credibility of the entire judiciary.

“The Maldives has set standards for judges established through its constitution. We are witnessing a time where those standards are being grossly ignored by the state institution concerned with judicial oversight and accountability,” he said.

Recalling his decision to arrest Chief Judge of Criminal Court Abdulla Mohamed, which eventually led to the ousting of his government on February 2012, Nasheed said that there had been 12 cases filed against the judge in JSC but the commission had failed take any action.

“Eventually, I raised the concerns to the police commissioner, the Defense Minister and the Maldives National Defense Force (MNDF). When they took the action which they all believed was the best decision, you all witnessed what happened next,” Nasheed said.

Apart from the fall of his government, the dire repercussions of the arrest of the judge included a criminal prosecution of Nasheed and senior officials of his government at the Hulhumale Magistrate Court, in what he and his party contended was a politically-motivated attempt to scuttle his re-election bid.

A stay order from High Court led to the temporary suspension of the trials, and the suspension of the Chief Judge of the High Court by the JSC on year-old charges of misconduct.

Nasheed claimed other judges had begun displaying similar behaviour as that of Chief Judge of the Criminal Court Abdulla Mohamed, and said as yet state institutions including the JSC had failed to take adequate measures.

He also said that there are disputes within the JSC which had to be resolved through parliament.

Among these disputes included the recent stand made by the Speaker of Parliament Abdulla Shahid, warning the JSC Chair that he would boycott the commission meetings should Hassan Fahmy – the Chair of Civil Service Commission who was deposed by parliament but reinstated by a Supreme Court ruling –  continue to take part in its meetings.

In a letter sent in early June to the JSC Chair, the Speaker of Parliament – who is by virtue of his position a member of the JSC – stressed that even though the chair of the CSC is also by virtue of his position a member of JSC, Fahmy cannot sit in the JSC because he had been deposed from his position by parliament.

“Therefore we need to take measures to find a way Speaker Shahid can sit in the commission, by deciding the matter of Fahmy. Therefore, in the 68 days left before the elections, we need to reform the judiciary. That is fairly easy for us now and I am confident that we can do that,” Nasheed said this morning.

Among the much needed reforms, the former President said the JSC must re-establish its credibility by making decisions in a transparent and informed manner.

“On the other hand, a presidential candidate currently sits in the JSC. We need to find another way where such anomalies are not present in the commission,” Nasheed said, referring to Jumhoree Party (JP) leader and business tycoon Gasim Ibrahim, who sits in the commission as parliament’s representative.

Speaking about the current composition of the JSC, Nasheed said  there was no specific model for an organisation such as the JSC.

“In some constitutions, parliamentarians are vested with the duty to oversee the judiciary while in others there have been cases where judges have looked into the cases of other judges. There have been committees appointed by heads of states that have looked into such cases,” he said.

Therefore, the question was not about the composition of the judges but rather the personal integrity of members sitting on such commissions, he said.

Nasheed emphasised the need for transparency, calling for the media to be allowed to cover JSC meetings and report on matters that take place within the commission.

Highlighting recent video footage that appeared on social media depicting Supreme Court Justice Ali Hameed and a local businessman discussing the political affiliations of the judiciary, Nasheed claimed that while every individual was entitled to right of private life, such videos of judges must be investigated even police investigated those who were trying to use them for blackmail.

Nasheed also expressed concern over a possible hand in the government over the leaking of the videos involving judges after a senior council member of President Mohamed Waheed Hassan’s Gaumee Iththihaadh Party (GIP) was arrested trying to sell explicit sex videos featuring a judge.

Nasheed also expressed his frustration over MPs from former dictator Maumoon Abdul Gayoom’s Progressive Party of Maldives (PPM), alleging they lacked any commitment towards judicial reform.

“PPM members do not see the need to take action against disciplinary issues of the judges, they do not see that the JSC needs reforms, they do not see that there are problems with the Supreme Court and they do not see the need to investigate pornographic videos of judges. Instead they say they those who shot the videos should be held culpable,” he claimed.

Nasheed said that his party had a 90-point legislative agenda to reform the judiciary once elected, but said this would require a sizable majority for his party in the parliamentary elections early next year.

“This legislation will cover most of the reform we are seeking. Before we embark upon this, we need to have a majority in parliament and without this it would be fairly difficult for us to implement these reforms,” he said.

He noted that after the elections the new government would face a period of a limbo until the parliamentary elections in May, but said he was “very confident” his government would overcome this.

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Spy camera footage appears to show Supreme Court Justice discussing politicisation of judiciary, Feb 7

A spy camera video apparently depicting a Supreme Court Justice and a local businessman discussing political influence in the judiciary has surfaced on social media networks.

Local media identified the two individuals seen in the video as Justice Ali Hameed and Mohamed Saeed, the director of local business firm ‘Golden Lane’.

The video appeared shortly after the arrest of Ahmed Faiz – a council member of President Dr Mohamed Waheed’s Gaumee Ihthihaad Party (GIP) and then-Project Advisor at the Housing Ministry – while he was allegedly trying to sell a sex tape of a Supreme Court Justice.

The spy camera footage, which carries the date January 24, 2013, shows the pair discussing how politicians have been influencing the judiciary.

Both men speak in the Addu dialect of the local Dhivehi language. Due to noise from a television near the camera, much of the conversation is unclear.

The individual believed to be Justice Hameed appears frustrated over political manipulation of the judiciary.

He claims feuds between politicians were being settled through the court even though these did not involve the law or any legal issues.

He names politicians including Abdulla Yameen, the current Progressive Party of Maldives (PPM) presidential candidate and half-brother of former President Maumoon Abdul Gayoom, as well as the running mate of incumbent President Dr Mohamed Waheed Hassan, Ahmed Thasmeen Ali – also the leader of the Dhivehi Rayyithunge Party (DRP).

In the video, one of the men claims that he had heard plans of “killing off” DRP leader Thasmeen Ali and refers to a “second person to be killed,” however, due to the unclear audio it is not clear what the parties are referring to, or the context of the “killing”.

The person believed to be Hameed says, “If it comes into my hands, I will kill him off.”

Even [Speaker of Parliament] Abdulla Shahid will know very well that my stand is to do things the way Yameen wants. That the fall of this government was brought with our participation,” he adds (01:49, unclear).

However, he also claims that he was a person who “even Yameen cannot play with” and that over time he had “shown Yameen” who he is.

“Politicians can resolve their failures if they work on it, what the judiciary has to do, what we have to do is when these baaghees (traitors) file cases, we should say, ‘That it is a political matter. That it’s not a judicial issue. It’s not a legal issue. So don’t drag us into this. There is no legal dispute,’” he is heard saying earlier.

Referring to an unidentified group of people, he says if “they have a balanced thinking, then we will do things in a balanced way”, and asks the other individual, believed to be Saeed, if this would upset anybody.

Saeed questioned

Following the release of the video, Mohamed Saeed was twice summoned to the police for questioning, but details of the case or the topic of questioning have yet to be revealed.

However, Saeed’s lawyer Noorban Fahmy told media that Saeed opted to remain silent in the later session after he was first questioned without the presence of a lawyer.

Following the release of the camera footage, opposition Maldivian Democratic Party (MDP) MP Alhan Fahmy – newly reunited with the party after a stint in the Jumhoree Party (JP) – alleged police had attempted to coerce one of his constituents in Feydhoo to confessing that Fahmy had made the video.

During a party rally in the Maafanu ward of Male’ on Saturday, Fahmy called for action against the judge regardless of the origin of the footage.

“I want to say is that we don’t need to see who made the film and who shot the film. The judge who has behaved indecently must be brought to justice. I want to say that judges who lose all their dignity through adultery and indecent behavior cannot remain as judges at courts,” he alleged.

“The video has come to our attention”: JSC

Judicial Service Commission (JSC) Spokesperson Hassan Zaheen told local media that the commission had learned about the video through media reports.

He explained that the legal department would first analyse the video and then decide whether the case was one the commission should investigate.

The leaked footage follows leaked photos of Supreme Justice Ali Hameed in a hotel room with a woman that began circulating on social media in March this year.

According to the Supreme Court website, Hameed graduated in 1991 and was awarded a Bachelor of Shari’ah and Qadhaa (Shari’ah and Law) degree from Ummul-Qura University in Mecca, Saudi Arabia.

In addition, the website claimed that he was awarded a fellowship from the Commonwealth Judicial Education Institute, Canada.

Gross misconduct within judiciary: lawyers

In June, former Attorney General Husnu Al Suood alleged to local media that Yameen and Deputy Speaker of Parliament Ahmed Nazim, along with retired Supreme Court Judge Mujthaz Fahmy, had long been in the business of influencing judges and their verdicts.

“The entire judiciary is under the influence of [retired Supreme Court Judge] Mujthaaz Fahmy ,” Suood alleged.

Suood further alleged that Deputy Speaker Nazim had close ties with members of the Judicial Service Commission (JSC), and said several judges had confided to him that Yameen had on several occasions given instructions to the judges over the phone as to how their sentences should be phrased.

Despite claiming to have strong evidence to support his allegations, Suood admitted that it would be extremely difficult for the authorities to take action against the three individuals.

Suood further contended that the JSC had been taken over by “dark powers”, and that it was fully under the control of certain political figures.

All three individuals accused by Suood dismissed the allegations in local media, with Yameen describing them as an “outright lie”, and expressing frustration claiming that it had become common for people to make erroneous and slanderous remarks against political figures.

“This would not have happened if defamation had been kept as a criminal offence. All this is happening because defamation has now been changed to a civil wrong,” the presidential candidate said at the time.

Tip of the iceberg?

Supreme Court misconduct has also previously been alleged by former Human Rights Minister and Attorney General Dhiyana Saeed, who claimed a Supreme Court judge requested she file a case against former President Nasheed in a bid to prevent him from running for presidency in the 2013 presidential elections.

Dhiyana in her claim did not mention the name of the judge. However, she said at the time that a judge on the Supreme Court bench had told her that he had personal scores to settle with Nasheed.

According to Saeed, the said judge had personally instructed her on the cases she should file against the former President. Saeed alleged the instructions were given at a meeting held in the judge’s house at his request following Nasheed’s controversial resignation on February 7, 2012.

Among the suggestions allegedly made by the judge included a case concerning Nasheed’s decision to remove eight members appointed to parliament by former President Maumoon Abdul Gayoom, prior to the ratification of the constitution.

Another suggestion included refiling a case filed by Jumhoree Party (JP) Youth Wing Leader Moosa Anwar in 2008 against Nasheed. This case claimed that Nasheed was convicted and sentenced for theft – a ‘Hadd’ offence under Sharia’ law – in similar bid to bar his candidacy ahead of the 2008 presidential elections.

Saeed also alleged that this judge was “involved” in the Supreme Court’s decision to declare the legitimacy of the controversially-formed Hulhumale’ Magistrate Court.

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Adhaalath Party head accused of attempting to influence ACC investigation into GMR

Adhaalath Party President Sheikh Imran Abdulla attempted to influence the Anti Corruption Commission (ACC)’s investigation into alleged corruption in the previous government’s aborted airport privatisation deal, a commission member alleged to local media outlet CNM.

The ACC member, on condition of anonymity, reportedly alleged that the commission during its investigation came under heavy criticism from Sheikh Imran over its refusal to tailor the report to his liking.

The ACC’s findings, which were published last week, concluded that there was no corruption in the airport privatisation deal, days prior to GMR claiming US$1.4 billion in compensation for “wrongful termination” of its 25 year concession agreement.

“He met with me on two occasions. The first meeting happened just a day before they were to have a big night of protests. He requested that the ACC help the national movement’s efforts to drive GMR away and to speed up our investigation and conclude it in such a fashion that would assist their efforts,” CNM quoted the commission member as saying.

The second meeting took place a day before the national movement’s protests concluded, he claimed.

According to the unnamed commission member, Imran requested a five-minute meeting.

“On the second night he told me that he hoped the ACC would include at least one phrase that would be helpful to the national movement,” he said.

ACC President Hassan Luthfee had his phone switched off when contacted regarding the allegations today.

Sheikh Imran and national movement steering committee member and spokesperson Abbas Adil Riza were not responding to calls from Minivan News at time of press.

Last Monday, the ACC ruled out corruption in the awarding of a concession agreement in June 2010 to a consortium of Indian infrastructure giant GMR and Malaysia Airports Holdings Berhard (MAHB) to develop and manage INIA.

In a 61-page investigative report (Dhivehi), the ACC concluded that the bidding process was conducted fairly by the World Bank’s International Finance Corporation (IFC) and that the GMR-MAHB consortium won the contract by proposing the highest net present value of the concession fee.

The ACC further concluded that the awarding of the contract did not contravene amendments brought to the Public Finance Act requiring parliamentary approval for such agreements.

The amendments were published in the government gazette after the concession agreement was signed, the ACC noted.

In December 2012, shortly after the protests led by Sheikh Imran Abdulla under the self-titled ‘national movement’ against GMR concluded, the government of President Mohamed Waheed Hassan abruptly terminated the agreement and gave GMR a seven day ultimatum to leave the country.

“The government has given a seven day notice to GMR to leave the airport. The agreement states that GMR should be given a 30 day notice but the government believes that since the contract is void, it need not be followed,” then-Attorney General (AG) Azima Shukoor said in a press conference announcing the decision.

Shukoor claimed that the government reached the decision after considering “technical, financial and economic” issues surrounding the agreement.

Criticism

Responding to the ACC report in local media, Sheikh Imran Abdulla described the findings as a “slap in the peoples’ face.”

He claimed that the public now resented the ACC due to its findings and that the commission had lost credibility as a result of the report.

Imran contended that the report would facilitate the return of GMR should the opposition Maldivian Democratic Party (MDP) win the September presidential election.

Responding to the ACC’s findings, the government of President Waheed insisted that the report would have no impact on its legal position to declare the GMR concession agreement void, contending that President Waheed’s decision had nothing to do with corruption allegations levelled by “some people”.

President’s Office Media Secretary Masood Imad told Minivan News following the release of the report that the contract was declared void from the beginning due to the negative impact on state finances in 2012.

“Back before the government took back control of the airport from GMR, the reason we gave was that the deal was bleeding the country’s economy. We were paying GMR to keep them here,” he told Minivan News at the time.

Masood said that despite “speculation from some people” concerning corruption by the former administration in signing the deal, the present government was not responsible for filing a case with the ACC.

He added that the government’s concerns over the deal had been in relation to the imposition of a US$25 Airport Development Charge (ADC) by GMR that was blocked by the Civil Court in 2011 after the then-opposition DQP filed a case on the matter.

The DQP, now part of President Waheed’s coalition government, attempted to block payment of the charge on the grounds that it was effectively a tax not approved by parliament.

In response, then MDP government agreed to deduct the ADC from the concession fees payable, while GMR later offered to exempt Maldives nationals from paying the ADC as it moved to appeal the verdict.

However, former President Mohamed Nasheed resigned under controversial circumstances on February 7, 2012 amidst a violent mutiny by elements of the police and military before the Civil Court verdict was appealed at the High Court.

Consequently, in the first quarter of 2012, Dr Waheed’s government received US$525,355 of an expected US$8.7 million, after the deduction of the ADC. That was followed by a US$1.5 million bill for the second quarter, after the ADC payable eclipsed the revenue due the government.

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