Author: Mohamed Naahee

No Maldivian statute requiring citizens to observe diplomatic law: High Court

The High Court has today (August 21) ruled that the Maldivian citizens are “not required” to act in compliance with Vienna Convention on Diplomatic Relations (VCDR), as no national law currently exists in the country that requires enforcement of the convention.

The High Court’s ruling came alongside a decision made regarding an appeal case filed at the court concerning breach of a lease agreement between an individual named Mohamed Shareef and the High Commission of India.

During the hearings of the appeal case, the appellant Shareef’s lawyer claimed that in February 2006 the Indian High Commission, on behalf of the President of India, had entered into the agreement with Shareef concerning the leasing of Dhivehige of Henveiru Ward – the residence of the Indian High Commissioner to the Maldives.

According to the lawyer, the parties had agreed to specific terms that need to be fulfilled before the contract could be set aside, but the High Commission had dishonored those terms when it vacated the premises on September 2009 – claiming to have terminated the contract.

In breach of contractual duty, Shareef sued the High Commission in the Civil Court, claiming damages worth US$196,101 (MVR3,023,877.42). The claims included US$193,666 (MVR 2,986,329.72) as rent owed for the remainder of the contract period, while US$ 2,435 (MVR 37,547.7) was sought for refurbishment of the premises.

In 2010, the Civil Court rejected the case claiming that it did not have jurisdiction to look into the matter as the VCDR – to which the Maldives is a party – included immunity for diplomatic missions and diplomatic agents.

The court argued that these immunities had also been “implicitly incorporated” into the contract between the parties, with the result being that the Civil Court would be in violation of the treaty should it proceed with the case.

During the appeal, the Attorney General’s Office also intervened, admitting in court that national legislation was required to enforce an international treaty as well as requesting that the court make a decision on whether treaties such as the VCDR had been ratified prior to the enactment of the current constitution in 2008.

The Maldives ratified the 1961 VCDR in October 2007 under the leadership of then Foreign Affairs Minister Abdulla Shahid – now Speaker of Parliament. The convention outlays a framework for diplomatic relations between independent countries, and specifies privileges and immunities granted diplomatic premises.

Overruling the Civil Court decision, the High Court in today’s verdict claimed that under Article 93 of the Constitution, Maldivian citizens shall only be required to act in compliance with treaties ratified by the state and provided for in laws enacted by the parliament. The High Court claimed that no such law had been introduced.

Article 93(a) of the constitution states: “Treaties entered into by the Executive in the name of the State with foreign states and international organizations shall be approved by the People’s Majlis, and shall come into force only in accordance with the decision of the People’s Majlis.”

Article 93(b) states: “Despite the provisions of article (a), citizens shall only be required to act in compliance with treaties ratified by the State as provided for in a law enacted by the People’s Majlis”.

Issuing the final verdict, the High Court invalidated the Civil Court’s decision to dismiss the case in favour of Shareef.

However, both the High Court and the Attorney General’s verdict noted that such a case could strain the bilateral relations between India and Maldives. In hope of avoiding this, a period of three months has been given for the parties to come to an out-of-court settlement.

Should the parties not be able to come to an agreement within the given three months, the High Court in its verdict ruled that Civil Court has the jurisdiction to proceed with the case.

Meanwhile an official from the Indian High Commission said that it did not wish to comment on the matter while it remains in the court.

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Parliament fails to appoint new representative to JSC

The Parliament has failed to come to a decision in appointing a new representative to the Judicial Service Commission (JSC) after all four proposed candidates failed to obtain the required majority.

The names of the four MPs proposed to fill the judicial watchdog’s vacancy included: opposition Maldivian Democratic Party (MDP) MP Ahmed Hamza, Progressive Party of Maldives (PPM) MP Abdul Azeez Jamaal Aboobakr, former MDP and currently Dhivehi Rayyithunge Party (DRP) MP Mohamed ‘Colonel’ Nasheed, and independent MP Mohamed Hussain.

During the voting session held today, 39 MPs out of 73 who took part decided against appointing Hamza to the position, while 34 MPs voted in his favour.  

Meanwhile, 55 MPs opposed the proposition to appoint ‘Colonel’ Nasheed, and 42 MPs voted against Jamaal Aboobakr. Independent MP Mohamed Hussain withdrew his name.

Following the outcome, Speaker of Parliament Abdulla Shahid announced that the Majlis would open the opportunity for parties to propose names in the next session.

Previously, resort tycoon and leader of Jumhoree Party (JP) Gasim Ibrahim was parliament’s representative at the JSC, but he had to give up the seat after he was officially declared a candidate in the upcoming presidential election.

In June 2011, Gaism Ibrahim was appointed to the commission after parliament voted out the former MP late Dr Afrasheem Ali.  In a close contest between then ruling MDP and the opposition parties, Gasim Ibrahim beat former MDP Chairperson MP Mariya Ahmed Didi by 38 votes to 36.

The current JSC composition includes speaker of parliament, a judge from Supreme Court, a High Court judge, a judge from trial courts, a member of parliament, a member appointed from the general public, the Civil Service Commission Chair, an individual appointed by the president, the attorney general, and a lawyer elected from those registered in the country.

During today’s session, parliament also appointed former Education Minister Dr Dr Mohamed Latheef as chair of Civil Service Commission (CSC) – a post that had been vacant since the parliamentary deposition of Fahmy Hassan.

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“Our server is continuously being attacked”: Elections Commissioner

The Elections Commission (EC) has said its internet server is currently facing continuous attacks from hackers working both within the country and from outside.

In an interview given to local newspaper Haveeru, EC Chair Fuad Thaufeek dismissed rumours that both the website and its server had been hacked, but acknowledged the commission had continuously come under attack from hackers.

“Our server is continuously being attacked by hackers from both the Maldives and outside. For that reason, our IT team is continuously monitoring the server and blocking these attacks round the clock.  I assure that our data is still safe and protected. There are no imminent threats of a security breach,” Fuad told Haveeru.

The EC Chair also noted that similar attacks had previously been launched against the commission’s internet servers. However, during previous attack attempts, Thoufeek admitted that hackers were able to access their website but had done little damage, other than putting an image on the website.

He stressed that the data stored at the commission’s server was safe after hearing individuals had posted a document allegedly belonging to the commission’s server which was later discovered to be a fake.

Ahead of the presidential election scheduled to take place on September 7, Thoufeek said that the EC’s members had discussed the attacks with the police.

The announcement comes at a time when both the government-aligned Progressive Party of Maldives (PPM) and the Jumhoree Party (JP) have expressed concern over Indian IT experts working with the commission.

Both the parties previously requested their IT experts be allowed to assess the server but the commission refused to grant permission, claiming that it would undermine the organisation’s credibility.

“We explained to [the parties] that the Indian team would not be working on systems being used for the upcoming presidential election. They will instead be providing assistance to help develop a program for future elections,”  Thoufeek told Minivan News previously.

The commission previously claimed that it had initially sought local IT professionals for the project, but that it had not been possible to find Maldivians with either the programming skills required for the project, or those willing to work within the budget assigned for the project.

“Firms presently operating in Male’ demanded much higher rates to oversee the project,” he said.

Both PPM and JP had challenged the possibility of holding free and fair elections scheduled for September 7 this year if foreigners could access the electoral database and other systems. However, the EC has moved to dismiss any fears, adding that only local EC staff had access to sensitive information and the commission’s security systems.

Meanwhile, the commission revealed Saturday (August 17) to local media that 38 people’s names had been fraudulently re-registered to vote outside of their home towns in next month’s presidential poll.

The Elections Commission had previously given a one month time frame for re-registration of voters – necessary for those intending to vote at a polling station other than that listed with the commission, such as a worker based on a resort island and those currently residing abroad.

During the time frame, the commission claimed that more than 61,000 people had re-registered with the commission.

Statistics released by the commission suggests that 240,302 people are eligible to cast their vote with 31,008 new voters in the upcoming presidential elections.

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MDP appoints 1000 election observers as campaign spreads across country

With less than 23 days to go ahead of the upcoming presidential elections, the opposition Maldivian Democratic Party (MDP) has claimed it remains confident of a first round victory with four campaign teams supported by thousands of volunteers working across the country.

MDP Spokesperson Hamid Abdul Ghafoor said the party’s campaign was going “extremely well”.

“We have four campaign teams working round the clock throughout the country. We have a team that includes the parliamentary group, a team led by the running mate (Dr Musthafa Luthfy), a team led by the Speaker of Parliament (Abdulla Shahid) and a team led by Nasheed himself,” Ghafoor said.

Ghafoor described the MDP’s campaign team as “a government in the awakening” that comprised of members of the former MDP-led government fighting against those who ousted them, in a battle to “win back justice”.

Speaking during a previous campaign rally, former President Mohamed Nasheed asserted that the results of the elections are clear and that the Elections Commission should not worry about the possibility of a run-off election.

“We will not need to go for a second round. Tune onto your radios, subscribe for cable TV and pay your cable bills, for this picture by the will of God, is being witnessed throughout the country,” Nasheed claimed. “Mohamed Nasheed of Galolhu ward Keneryge will win this election with 121,000 votes in the first round.”

Gahfoor said today that the party fully expected to receive 57 percent of the vote, though Nasheed’s rivals in the campaign have all expressed similar confidence ahead of the first round. He claimed that the figure was based on the party’s door to door campaigns and the data collected from the regional campaign coordinators and campaign agents stationed throughout the country.

Thousands of people turned out to hear Nasheed speak earlier this week during a rally held to commemorate the 12th anniversary of Black Friday in 2004, when government security forces attacked anti-Gayoom protesters.

Ghafoor is himself a coordinator for the regions Shaviyani Atoll, Raa Atoll and Laamu Atoll which comprises 13 parliamentary constituencies, contended that out of the 8,000 people who registered themselves to vote outside the region, more than 50 percent had pledged their vote to former President Nasheed.

“When the coup was brought about, our government’s popular support stood around 50 percent. After the coup and the unveiling of all the hypocrisy with the change of government, our support base currently stands beyond 55 percent,” he claimed.

Polling and Policies

Meanwhile, MDP announced that is planning to place more than a thousand election observers throughout the country, an average of four observers per ballot box.

Ghafoor added that work was underway to train the observers ahead of the elections: “We will not tolerate any attempts by this unelected government to influence the vote. We are very cautious and very prepared for that,” he said.

Ahead of the campaign, the former ruling party has launched series of election policies as part of its mini-manifesto. The policies, said the party, were planned to boost the crippled economy and increase the number of jobs available to young people.

Examples of the policies have included more sports facilities, higher enrolments in higher education, the development of a mari-culture industry, and improvements to the country’s internal agriculture trade in order to reduce the country’s huge import bill.

The MDP also proposed a guest house policy which is intended to double the number of tourist arrivals in the country within the next three years, creating more job opportunities while also improving the quality of living across the islands.

With less than a month for the elections, Ghafoor claimed that the party’s strong policies and intense campaigning gave them the edge over the remaining candidates.

“MDP will easily win the elections securing the needed 50 percent plus 1 vote. I still believe PPM will be trailing behind us. I don’t think it will be a close contest. Waheed and Gasim will probably secure the third and fourth positions,” he said.

Asked if the possibility of involvement of large sums of money given to voters could affect the possible outcome of the election results, Ghafoor claimed that vote buying would not have much of an impact.

“I think the people are more aware of the candidates running in the election. But we have to admit it, money plays a significant role in Maldivian voting culture. However, money cannot buy loyalty,” he said.

“PPM I believe will come second because it is lead by the former President Maumoon Abdul Gayoom. He will obviously have loyal supporters. But it may be a different story when it comes to recruiting their young support base. Apart from Gayoom, both Gasim and even Waheed are using money to get votes,” he claimed.

Ghafoor also described the current election politics as that of a battle between the past and the future. He claimed that the remaining three candidates were proxies of former President Gayoom’s 30 year reign and had nothing new to offer to the people.

“This is a clash between the past and the future and we are the future,” he said.

Aerial view of the MDP’s August 12 rally near the tsunami monument:

https://www.youtube.com/watch?v=gKBJiOAnFVw&feature=youtube_gdata_player

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AG accuses Civil Court of negligence as City Council proceeds with US$30 million development of West Harbour

The Attorney General has filed a complaint at the Supreme Court accusing the Civil Court of negligence in holding a hearing of a case filed by the state, seeking to prevent Male City Council from outsourcing the development and operation of the West Harbour Area.

Last Sunday Male City Council announced its intention to hand over the development and operation of the West Harbour Area – locally known as the ‘T-Jetty Area’ – to a local company called West Gate Assets Private Limited for a lease period of 25 years.

The project, worth US$30 million, once completed will include coffee shops, cafes, petrol sheds, shopping malls and spacious parking zones intended to resolve severe congestion in Male’ City.

Meanwhile, in its complaint filed at the Supreme Court, the Attorney General’s office claimed the Civil Court’s failure to proceed with the case meant that the government could take no action against the project.

“If that agreement proceeds as it is now, [the Attorney General’s Office] believes that will be carried out unlawfully and this office will continue to take necessary actions against the project,” read a statement from the AG’s office.

The AG further claimed that last December, when the city council announced opened bidding for the project, a case was filed at the Civil Court to invalidate the process through an injunction to stop the bidding process.

However the Attorney General’s office said the Civil Court had failed to hold any hearings into the case since May.

The statement claimed excuses for hearings being delayed included the city council’s lawyer calling in sick, the court being unable to deliver court chits and the judge being on leave.

The project

In a press conference on Sunday, West Gate’s Consultant Ismail Firag told the press that the company intended to develop the area as a phase by phase project with development of the first phase to commence on September 1.

The City Council claimed that the lease agreement had been signed by the City Council and West Gate six months ago, after the project received approval from both the Anti Corruption Commission (ACC) and the Housing Ministry.

Male City Council Member Ibrahim Sujau at the press conference said the council would try its best to make arrangements to ensure that the project was completed smoothly without disruptions.

He added that the decision to complete the project in several phases was made to ensure its smooth completion.

The councillor claimed that area was leased to West Gate for a sum of MVR 400,000 (US$ 25,940.34), approximately MVR 320,000 (US$ 20,752.27) more than the current MVR 80,000 (US$ 5,188.07) a month generated in income generated from the area by the City Council.

Opposition

The opposition Maldivian Democratic Party (MDP)-dominated Male City Council has come under heavy fire from the government over the project as both the Housing Ministry and the Attorney General have voiced against outsourcing of the harbour development.

Shortly following the announcement, Housing Minister Mohamed Muizz dismissed the claim made by the City Council that his ministry had given approval to the project.

Speaking to local newspaper Haveeru, the Minister claimed the city council had not shared anything with the ministry before handing the project over to West Gate.

Muizz further contested that city council could not take such major decisions without consulting the ministry as the West Harbour area is considered an important economic zone in Male’ City.

“It is a very important strategic location in Male’. On the other hand, development of that area is a massive project. They can’t hand over the development of the area without obtaining permission from the ministry. We even do not know how they plan to develop the area. It is an outright lie that we had given them the approval,” he said.

Housing Minister claimed the ministry had previously made a master-plan to develop the area and said that he did not believe the city council could hand the project to West Gate under a new master-plan.

Previously, the housing ministry’s bid to stop the project through the Anti Corruption Commission failed after the commission concluded that there was no corruption involved during the bidding process.

But Muizz claimed that he was determined to stop the project.

“We will look into ways to stop the project. But we have not yet decided what will be our actions. Previously, similar attempts had been made to stop other such projects. But the current legal framework itself has difficulties for such actions,” he said.

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JP, PPM file complaint against EC Legal Director for “political tweeting”

The Elections Commission (EC) has said it is investigating complaint filed by the Progressive Party of Maldives (PPM) and the Jumhoree Party (JP) against its Legal Director Haneefa Khalid, for alleged political tweeting ahead of the upcoming Presidential Elections.

The JP and PPM filed multiple complaints at the Elections Complaint that included Khalid’s “politicised” tweets. Other complaints involved a group of Indian IT specialists working at the commission, and issues concerning voter registration.

Speaking to local media after filing the complaint, PPM Spokesperson MP Ahmed Mahloof said the party’s main concern was that Khalid was the wife of Dr Ahmed Ashraf, who contested the by-election of parliament’s Ungoofaaru constituency on a Maldivian Democratic Party (MDP) ticket following the murder of sitting MP Dr Afrashim Ali. The election was won by the PPM by a narrow margin of 81 votes.

Other grounds for the complaint filed against Khalid, Mahloof said, included her allegedly “politicised” tweets, and singled out one he claimed had offended PPM President and 30 year autocratic ruler, Maumoon Abdul Gayoom.

“When Gayoom got the [country’s highest civilian honour] Haneefa tweeted that the award was ‘tainted with blood’,” Mahloof said. Gayoom was awarded the Nishaan Ghaazeege Izzaiytheri Veriyaa (NGIV) on the Maldives’ independence day this year.

Minivan News observed that Khalid did not make the remarks herself, but had instead shared a YouTube video of a report on Gayoom’s award aired by opposition-aligned TV station Raajje Television, titled “The Highest Honour tainted in blood”.

Mahloof told the media that it was completely “unacceptable” for a person in such a position to tweet such political remarks and claimed this would affect the credibility of the presidential elections.

Speaking during a press conference on Sunday, the Vice President of Elections Commission Ahmed Fayaz said  the commission would look into the matter and would take administrative action should it find the need to do so.

“We have received the complaint. We will take action after looking into it,” he said.

On the same day, local newspaper Haveeru reported that the Attorney General’s office had begun probing into a disciplinary case concerning Khalid following a complaint filed against her by the police.

Deputy Solicitor General Ahmed Usham told the newspaper that no comment could be give to media as the case is still under investigation.

Haveeru claimed the police filed the complaint after Khalid “addressed the police disrespectfully” while she was inside Male’ jail meeting a client whom she had been representing in court.

It further alleged that Khalid had been acting as the defense counsel of a man accused of robbing US$122,000 from the Relax Inn Hotel, and had yelled “Money, money” at the officers present at the jail implying that police had robbed the hotel themselves and were attempting to frame her client.

A police media official told Minivan News the matter had been “brought to the attention of the Attorney General’s Office”.

“Yesterday, lawyer Haneefa Khalid while inside Male’ jail disrespectfully addressed the police officers and therefore we have brought this to the attention of the Attorney General’s office,” said the official.

Minivan News was unable to contact Haneefa Khalid at time of press.

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Leaked photo allegedly depicts Deputy Transport Minister in Colombo casino

Local media outlet Channel News Maldives (CNM) has published a leaked photograph circulating on social media apparently showing Deputy Minister of Transport Ibrahim Nazim in a casino.

The report claimed that the photograph was taken in Colombo, Sri Lanka. The television behind the individual alleged to be Nazim in its bottom corner says “Welcome to Bellagio”, a Colombo casino.

CNM also reported that police were currently verifying the matter.

However, a police spokesperson disputed the claim stating that police had not formally “received any reports regarding such a case”.  He also refused to comment on CNM’s allegation that police were trying to verify the authenticity of the photograph.

The contentious photo believed to be of former PPM activist, Deputy Minister of Transport Ibrahim Nazim (far right)

MvYouth, an online newspaper affiliated with the Progressive Party of Maldives (PPM) – Nazim’s former party prior to his defection to Gasim Ibrahim’s Jumhoree Party – reported that the photograph had been taken while Nazim was on a campaign trip to Colombo with the JP.

Nazim was considered a senior PPM activist who backed the party’s ousted Deputy Leader Umar Naseer during the party’s presidential primaries, but subsequently gave his full support to Abdulla Yameen after he defeated Naseer in the election.

Following Umar Naseer’s announcement of his support for Gasim, Nazim resigned from his position as PPM’s Youth Wing leader and signed up with the JP, backing Gasim’s candidacy.

The photograph was leaked less than a week after the JP launched its “Religion and Nationalism Policy”, pledging that a future government under Gasim Ibrahim would strengthen Islamic faith and nationalism, particularly among young people.

Minivan News was unable to get a comment from Nazim as his phone was switched off at time of press.

The Jumhoree Party has meanwhile dismissed the leaked photograph as a “fake” claiming that it was PPM “propaganda”.

Speaking to Minivan News, JP Spokesperson Moosa Rameez claimed that “in this technological world, editing a photo is very simple.”

“You will have seen a man wearing his underwear outside flying on TV who is called Superman. You will have seen a man releasing web from his wrists called Spiderman. See all these are made and they are videos. We are talking about a still photograph here. How simple would it be to edit one?” Rameez told Minivan News.

Rameez said he believed the PPM was behind the whole scandal and was attempting to take revenge after Nazim left the party to support the Jumhoree Alliance.

“When a man’s wife whom he loves gets a divorce and leaves him, he will start talking thinks bad about her. Likewise, that young boy Jameel (PPM presidential candidate Yameen’s running mate, Dr Mohamed Jameel) cannot digest the decision. Why else would they try to defame someone who worked with them before?” he said.

Rameez alleged the PPM had become “desperate” after realising that Gasim and former President Nasheed were the only two candidates who had any chance of winning the upcoming elections.

“I am sure Yameen and Jameel are behind this. This is part of their propaganda,” he alleged.

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“Gasim Ibrahim’s journey to wealth worthy of pride”: Dr Hassan Saeed

The Jumhoree Alliance’s vice-presidential candidate Dr Hassan Saeed has declared the coalition intends a first round victory in September.

The new coalition consists of resort tycoon, media owner and presidential candidate Gasim Ibrahim’s Jumhoree Party (JP), the Dhivehi Qaumee Party (DQP) led by Saeed, and the religious conservative Adhaalath Party (AP).

Prior to the formation of the alliance, both the DQP and AP were part of incumbent President Mohamed Waheed Hassan’s ‘Forward with Nation’ coalition.

However, both the DQP and AP left the coalition and joined the Jumhoree Alliance after claiming that family members and foreigners within President Waheed’s campaign team had been making all the decisions.

Shortly after the formation of the alliance Saeed was appointed as Gasim’s running mate.

Along with Waheed and Gasim, former President Mohamed Nasheed and Progressive Party of Maldives (PPM)’s Presidential Candidate Abdulla Yameen are also contesting in the upcoming elections.

Speaking during a press conference held on Saturday, Saeed blasted rival candidates for disparaging remarks about Gasim’s wealth, claiming that “it seems getting rich is a crime”.

Instead, Saeed claimed that Maldivians should be proud of Gasim’s “journey to his wealth”.

“But the truth is that [Gasim] arrived to Male’ as an orphaned boy. Gasim is someone who began work with nothing in his hands, but through his hard work he is now the richest man in the country. This is something we should be proud of,” Saeed claimed.

Saeed also contested that, should any of the presidential candidates other than Gasim become president, the Maldives would never see a second tycoon such as Gasim.

However, Saeed claimed that should the Jumhoree Alliance win the race, a future government led by the coalition will give the opportunity for poor people to “become a Gasim”.

“[Wealth] is not something we should be ashamed of. In fact we should be proud [of such an opportunity to become a Gasim]. Our focus is to create multiple ‘Gasims’,” Saeed said.

He added that Gasim is facing criticism from other political parties because he had decided to run for president, and claimed that Gasim was as rich as he was now as when former President Maumoon Abdul Gayoom appointed him governor of the Maldives Monetary Authority (MMA) and later as Finance Minister.

“Some presidential candidates begged Gasim Ibrahim to join them. Some wanted him as their running mate. Others wanted him a different way. Today, because he decided not to go behind anybody else, and when it is becoming clear that he will win the elections, suddenly being rich has become a crime,” Saeed said.

“In my view, I think we all should be proud of a poor boy who became the richest man without any fraud or robbing a bank. Shouldn’t we be proud of it?”

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Witnesses testify against chief suspect Humam in ongoing Afrasheem murder trial

Witnesses produced by the prosecution have testified against Hussain Humam, the chief suspect in the MP Dr Afrasheem Ali murder case, with one claiming he had seen a person very similar to Humam in the ablution area of Shaheed Ali Mosque during the night the MP was murdered.

On October 2012, Dr Afrasheem Ali – the former MP for Dhuvaafaru constituency – was found brutally stabbed to death on the staircase of his residence.

According to police, the murder occurred shortly after Afrasheem arrived home following his appearance on the TVM show “Islamee Dhiriulhun” (Islamic Life), with Deputy Minister of Islamic Affairs Mohamed Qubad Aboobakuru.

After lengthy criminal investigation, the police identified Humam as the prime suspect in the case and the Prosecutor General pressed charges of murder against him.

Along with Humam, Ali Shan is facing the same charges while a minor identified as ‘Nangi’ stands accused of aiding and abetting the murder, after police claimed he had accompanied Humam and Shan to the residence of Dr Afrasheem before murdering him with a machete and a bayonet knife.

Humam initially confessed to the murder, but later withdrew his statement claiming it had been extracted under police duress.

During the hearing on Tuesday the state witness claimed as he entered the ablution area of the Shaheed Ali Mosque around 1:20 am on October 2, 2012, he saw a man washing his face and hands in the area. The witness, who was approximately three feet from the man at the time, said he believed the man was not performing ablution.

Instead, he was watching his face and hands in an extraordinary manner, the witness told the court. The witness also said that the man looked very similar to Humam, despite seeing him as having long hair at the time and the photograph of Humam shown by police having trimmed hair.

The witness said he had given the same statement previously to police during the investigation.

Another witness said he saw Humam on the same night around 12:40am walking at a frantic pace from Boduthakurufaanu Magu to the area near Tascalusa Cafe, where he crossed the road. He added that Humam appeared very nervous as he crossed the road near the Artificial Beach.

Both the witnesses identified Humam wearing a black long-sleeved T-shirt.

Another witness claimed he had seen Humam smoking a cigarette in the Children’s Park in front of Dr Afrasheem’s residence, as he walked into the premises.

During the hearing of the trial, Humam also made several statements. He claimed that he was not mentally stable and that he wanted a psychologist to assess him before the trials proceeded.

He also claimed that after the police arrested him, he was taken to Villimale Police Station where police psychologically tortured him. Humam claimed that the police officers in Villimale Police station showed him photos of Afrasheem’s body, and a document that claimed the state would begin enforcing death penalty.

He also alleged to the court that senior police officers including Abdulla Riyaz, Mohamed Navaz and Mohamed Dhaoodh had met him and tried to force him to confess to the murder. He also claimed that Minister of State for Home Affairs Mohamed Fayaz had also met him and requested he confess to the crime, implying that his previous confession was due to police influence.

He also went onto allege that the sitting Judge Abdulla Didi – Vice President of Judicial Service Commission (JSC) – had already picked a side on the case and that he was “heavily aligned” with the prosecution.

Humam’s defence lawyer Abdulla Haseen during the hearing requested the judge give permission for the defence to produce their own witnesses, supporting the argument that Humam had not been at the place of crime but was rather at the Henveiru Stadium.

Concluding the hearing, Judge Didi said the court would decide on whether to grant permission to the defence counsel to present their witnesses at a later date. No date was announced by the judge.

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