Category: Crime

MDP MP Abdulla Jabir sentenced to one year

The Criminal Court has today sentenced Maldivian Democratic Party (MDP) MP and parliamentary elections candidate for Kaashidhoo constituency Abdulla Jabir to one year in prison .

The court found him guilty of refusing to provide his urine sample to the police to run a drug test, and sentenced him to twelve months under the Drug Act 17/2011 article 123(a)(b).

The verdict published on the court website stated that on November 16, 2012, Jabir was arrested as a suspect in a drug related case and that police asked him to produce his urine sample to which he clearly refused according to the witnesses produced by the Prosecutor General’s Office.

The verdict stated that, although Jabir had claimed that he was tortured by the witnesses produced by the state, and that the police did not follow the correct procedure when asking for a urine sample, Jabir was not able to prove these accusations to the court.

Article 73(c)(2) of the constitution states that a person shall be disqualified from election as a member of the People’s Majlis – or a member of the People’s Majlis immediately becomes disqualified – if he has been convicted of a criminal offence and is serving a sentence of more than twelve months.

Article 73(c)(3) states that if a person has been convicted of a criminal offence and sentenced to a term of more than twelve months, unless a period of three years has elapsed since his release, or he has been pardoned for the offence for which he was sentenced, he will also be disqualified.

MDP MP Ali Azim and Dhivehi Rayyithunge Party (DRP) MP Mohamed Nashiz were disqualified from the Majlis by the Supreme Court in a controversial ruling over decreed debt in October.

Jabir was set to re-contest his Kaashidhoo seat next month after an internal MDP decision to discipline the MP for repeatedly breaking three-line whips was overturned on appeal.

A house in Malé owned by the MP was raided by police earlier this month. Three men were arrested and drugs and alcohol were seized, though it was reported that Jabir does not live in the building.

MDP Parliamentary Group Leader Ibrahim Mohamed ‘Ibu’ Solih was unavailable at time of press and Jabir was not responding to calls.

A total of 10 people were taken into police custody on November 16 after police raided and searched Hondaidhoo with a court warrant. Officers alleged they found large amounts of “suspected” drugs and alcohol upon searching the island.

Seven of the suspects, including Maldivian Democratic Party MPs Hamid Abdul Ghafoor and Jabir were among those charged.

At the time, police submitted cases against former SAARC Secretary General and Special Envoy to the former President Ibrahim Hussain Zaki, former President’s Office Press Secretary Mohamed Zuhair and his wife Mariyam Faiz. The manager of Jabir’s resort J Alidhoo Jadhulla Jaleel and Zaki’s son Hamdan Zaki also face charges.

Two Sri Lankan nationals named Raj Mohan and Anoor Bandaranayk as well as a Bangladeshi named Suhail Rana were taken into custody following the island raid.

Police Sub-Inspector Hassan Haneef said at the time of the arrests that officers requested all suspects taken into custody on Hondaidhoo to provide urine samples for a routine examination. However, only Hamdhaan Zaki and the three foreign suspects complied with the request.

According to the Drug Act, Sections 123(a), 161(a) and 161(b), any person arrested on suspicion of having abused alcohol or narcotics has an obligation to comply with police requests for routine urine examination by promptly providing urine samples, and failure to comply is a criminal offence punishable with a one-year jail sentence.

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New court regulations introduced to speed up justice system

New court regulations will require the Prosecutor General (PG) to press charges against suspects arrested in serious crimes within 45 days of their arrest.

The regulation states that suspects arrested in other cases should be charged within 30 days, as well as giving instruction on how to proceed if the PG fails to press charges against a suspect in the given duration.

Furthermore, the new regulation determines different times of the day that police will be able to request a court warrant, as well as the times at which they will be issued.

According to the regulation, if any other institution needs a court warrant to conduct a criminal investigation, it has to request for the warrant through police.

The PG’s Office will not be able to resubmit a criminal case after withdrawing it, unless it informs the court that the case is being withdrawn for revisions. Cases withdrawn for other purposes cannot be resubmitted.

Earlier this month, the High Court ruled that the lower court could not revisit a police obstruction case involving two MPs, as the PG’s Office had earlier withdrawn the case for reasons that were not clearly understood by all parties.

The regulation obliges the PG to resubmit any case withdrawn for revisions within 30 days of the withdrawal.

The Criminal Court said that a meeting had been held with officials from the police, the Prosecutor General’s Office, and lawyers to launch the new regulation.

On December 10, 2013, the police launched a 100 day roadmap based on four main strategies which sought to increase and enhance operational activities, conduct activities to curb crime, enhance and hasten investigations, and to improve the police institution.

The roadmap set a target of  80 percent of the investigations filed with police to be completed and fowarded onto the Prosecutor General’s (PG) office of a more efficient service.

Police also pledged to conclude their investigations into crimes – other than those of a serious or organised nature-  in 30 days, to conclude testing of suspicious drugs within three days, and to conduct three special operations to curb the illegal businesses of drug and alcohol.

On December 2, 2013, the police and PG’s Office started working together in the investigation process in order to speed up investigations, with the of concluding investigations and submitting them to the court within 48 hours.

The new regulations come as the PG’s Office tackles a backlog of over 500 cases after the Criminal Court’s refusal to accept new work without the appointment of a new prosecutor general. The Deputy PG has said the build up of cases will take a month to clear.

Meanwhile, both the Criminal and Civil Courts have been forced to curtail overtime hours due to budget restrictions. Staff refusing unpaid overtime have been suspended.

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Human Rights Commission concerned over delay in PG appointment

Read this article in Dhivehi

The Human Rights Commission of the Maldives (HRCM) has called on the People’s Majlis to expedite the appointment of a Prosecutor General (PG) stating the delay violates citizens right to justice.

The commission has said the delay in appointing a PG affects a citizen’s right to seek justice, especially criminal justice, and has called on all three branches of the state to uphold the Constitution.

Former PG Ahmed Muizz resigned from his post in November shortly before the parliament was due to vote on a no-confidence motion against him.

A month later, the Criminal Court suspended all ongoing cases and decided not to accept cases filed by the PG’s Office, claiming that the constitution stipulates a new PG must be appointed within 30 days of vacancy.

The Supreme Court ordered the Criminal Court to restart trials, but the court has refused to accept new cases, only resuming those already started. Deputy PG Hussein Shameem then sought a second Supreme Court order, with the Criminal Court again refusing to cooperate.

The lower court has argued that the order stated that cases must be accepted as per regulations – which it suggests would be breached by beginning trials in the absence of a new PG.

Shameem has responded to the court’s claims by pointing out that it had failed to specify which regulations the PG’s Office has violated.

“There is no such regulation. I have not seen a regulation that says so,” he told Minivan News.

He has argued that the Majlis’ delay in appointing a PG must not obstruct a citizen’s right to seek justice.

The backlog of cases pending at the PG office as a result of the Criminal Court’s refusal to accept cases has now reached 533, Shaheem has revealed – this figure includes 196 cases of suspects in pre-trial detention.

In December, President Abdulla Yameen nominated his nephew Maumoon Hameed for the position. Parliament broke for recess at the end of the year, however, after having forwarded the nominee for vetting by the independent institutions committee.

The committee’s chair, MP Ahmed Sameer – who recently defected from the opposition Maldivian Democratic Party (MDP) to the government-aligned Jumhooree Party – told newspaper Haveeru shortly after the Supreme Court issued its order that the vetting process was stalled due to lack of cooperation from political parties.

While one committee meeting, scheduled to take place during the ongoing recess to interview the nominee, was canceled upon request by pro-government MPs, Sameer said a second attempt to meet was unsuccessful as MDP MPs had opposed it.

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Police arrest three foreigners for illicit sexual activity

The Maldives Police Service (MPS) has arrested three Bangladeshi nationals in the capital Malé last night for engaging ‘illicit sexual activity’.

Two men aged 32 and 34 years, along with a woman of 29 years, were arrested at around 7:30pm after information had been given to Maafannu Police station.

Following the arrest, police found videos of the suspects involved in similar activity.

Police confirmed that sexual activity between foreigners out of wedlock is considered a crime in the Maldives, noting that any reports of unlawful activity will be investigated.

Under Article 173 of the ‘Regulation on the Conduct of Court Proceedings 2003’, a wide range of activities are listed under ‘illicit sexual acts’ without any specific definitions of what comprises an ‘illicit’ sexual act.

It is commonly understood that most sexual acts out of wedlock are considered to be in this category.

The penalty under the article for ‘common’ illicit sexual acts carried out privately is 1 -2 month house arrest , and for ‘serious’ illicit sexual acts carried out privately the sentence is 7 -10 months banishment for men and 7 -10 month house arrest for women.

Homosexual acts and those with a married person, however, result in heavier penalties.

Ways in which a private illicit sexual act can be considered ‘serious’ include the participation of more than two people, photographing of the act, or committing the act in the presence of another person.

Article 190 of the regulation states that, with the exception of flogging, non-muslim foreigners shall be treated the same as Maldivians, while the penal code also makes no exception for foreigners who commit crimes within the jurisdiction of Maldives.

The common practice in cases where foreigners are investigated for illicit sexual acts, however,  is usually deportation without prosecution.

With around one million tourists visiting the Maldives each year, there are no known cases where tourists have been prosecuted for private ‘illicit sexual acts’. Marriage certificates are not a requirement for visiting honeymooners, which surveys suggest comprise nearly a quarter of visitors to the country.

Police have recently looked into such acts allegedly carried out by Maldivians at a Sri Lanka nightclub, while last month President Abdulla Yameen returned the sexual offenses bill to parliament, citing the inclusion of ‘unislamic’ provisions.

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Convicted murderer retracts confession in High Court

Ahmed Murrath – the man sentenced to death by the Criminal Court after being found guilty of murdering a prominent lawyer in 2012 – has today retracted his confession given.

Newspaper Haveeru has reported that Murrath’s lawyer Abdul Hakeem Rashadh told the High Court his client’s hands were handcuffed behind his back when he made the confession and therefore it could not be considered a confession made without coercion.

Rashadh also told the court that Murrath did not willfully commit the murder because he was under the influence of illegal drugs, and also that his client had the opportunity to deny the confession as no witness had seen him committing the murder.

Haveeru reported that Murrath spoke inside the court today, telling judges that when he was in pretrial detention police had refused him access to a doctor.

Murrath acknowledged he is a drug addict and that he had experienced a pain in his body, in response to which police officers at the detention centre had given him a plastic bag containing tea.

Furthermore, it was reported that the Prosecutor General’s Office told the court there were two contradicting statements provided by Murrath, inquiring as to which one should respond.

The court told the PG’s lawyer to prepare his response at the next hearing, asking both parties to make it the final hearing.

Murrath’s girlfriend, Fathimath Hana of Rihab house in Shaviyani Goidhoo island, was also sentenced to life in the case after she confessed to “helping” her boyfriend kill Ahmed Najeeb.

The 65 year-old lawyer’s body was found stuffed inside a dustbin at Masroora house – Murrath’s residence – badly beaten with multiple stab wounds.

Speaking at the Criminal Court during the 2012 trial, Murrath’s girlfriend said that her boyfriend killed Najeeb after he became “sure” the lawyer had attempted to sexually assault her. She admitted to tying Najeeb’s hand, legs, and taped his mouth while Murrath threatened him with a knife.

“We thought he must have a lot of money as he is a lawyer,” she told the court, after declining representation from a lawyer.

Najeeb’s cash card was taken from him and the pair had used it to withdraw money.

According to Hanaa, she did not know that the victim had been killed until Murrath woke her up and told her at around 4:00am. At the time Hanaa said she was sleeping – intoxicated from drinking alcohol.

Murrath corroborated this course of events in his statement, saying that she was asleep when he killed the lawyer. He confessed to killing Najeeb out of anger and apologised to the family members.

On February 9, the cabinet advised President Abdulla Yameen that there was no legal obstruction to implementing death sentences, after the Home Minister Umar Naseer had ordered an end to the 60 year moratorium on executions.

The order closely followed the conclusion of the Dr Afrasheem Ali murder trial, in which Hussein Humam was sentenced to death. Similarly, Humam also claimed that his confession – currently being used as key evidence against his alleged accomplice – was given under duress.

Naseer stated that the order is applicable to all pending sentences, of which there are approximately 20.

In December 2012, the then-Attorney General Azima Shukoor drafted a bill outlining how the death sentence should be executed in the Maldives, with lethal injection being identified as the state’s preferred method of capital punishment.

The last person to be executed in the Maldives was Hakim Didi, who was executed by firing squad in 1953 after being found guilty of conspiracy to murder using black magic.

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Backlog of cases at PG’s Office reaches over 500

The backlog of cases pending at the Prosecutor General’s (PG) Office has reached 533 as a result of the Criminal Court’s refusal to accept cases, Deputy PG Hussain Shameem has revealed.

Speaking at a joint press conference with the Maldives Police Service (MPS) on Thursday, Shameem said that the growing backlog included 196 cases of suspects in pre-trial detention.

Expressing concern with the stalled process, Shameem noted that the Supreme Court on February 6 ordered trial courts to proceed with cases submitted by the PG office.

“I couldn’t think of what else I could do apart from getting a [court] order from the highest stage [of appeal] in the country. I can’t grab their hand and force them to accept,” he said.

The PG’s office was filing cases at the Criminal Court every day despite the court’s refusal to accept them, Shameem said, adding that a case involving the stabbing of an MPs’ wife and child was submitted on Thursday.

“So what do they do now, it would not be fair to keep [suspects] in [remand detention] until the parliament comes back to work from recess after three months and appoint a new PG,’’ Shameem told Minivan News previously.

An official from the Criminal Court meanwhile told local media last week that the Supreme Court order stated that lower courts must accept cases filed in accordance with regulations.

“The cases being submitted now in the absence of a prosecutor general are not in line with regulations,” he was quoted as saying by online news outlet CNM.

Shameem however told Minivan News that the court should specify the clause of the regulation it was accusing the PG office of violating.

“There is no such regulation. I have not seen a regulation that says so,” he insisted.

Vacant PG post

Shortly before parliament was due to vote on a no-confidence motion against him, former PG Ahmed Muiz submitted his resignation in November last year.

A month later, the Criminal Court decided not to accept cases filed by the PG’s office as the post had been vacant for 30 days, noting that the constitution stipulates a PG must be appointed within that period.

In December, President Abdulla Yameen nominated his nephew Maumoon Hameed for the post, but parliament broke for recess at the end of the month after forwarding the nominee for vetting by the independent institutions committee.

The committee’s chair, MP Ahmed Sameer – who recently defected from the opposition Maldivian Democratic Party (MDP) to the government-aligned Jumhooree Party – told newspaper Haveeru shortly after the Supreme Court issued its order that the vetting process was stalled due to lack of cooperation from political parties.

While a committee meeting scheduled to take place during the ongoing recess to interview the nominee was canceled upon request by pro-government MPs, Sameer said a second attempt to hold the meeting was unsuccessful because MDP MPs opposed it.

New mechanism

Meanwhile, at Thursday’s press conference, Shameem said the PG’s office has been working with the MPS since November 25 to expedite the filing of cases at court.

In the past, Shameem explained, police forwarded cases upon completion of their investigation, after which the PG office either sends it back to clarify further information, rejects the case or files it at court.

The slow process prompted complaints from the public and posed challenges to securing convictions as trials often began months after the crime occurred and witnesses were unable to recall what they saw, Shameem said.

However, he added, investigations of serious crimes now proceed under the guidance of prosecutors.

Under the new system, police officers have been meeting with state prosecutors at the earliest stage of the investigation to discuss cases, Shameem said.

After mutual discussion, the PG’s office decides whether or not to prosecute based on the available evidence, Shameem explained.

Since the new mechanism was put in place, Shameem said police officers and prosecutors have held 195 meetings to discuss 164 cases, out of which the office decided to file 32 cases.

“Now we don’t send cases back to clarify further information. The 21 days it normally takes to make a decision regarding a case has been shortened to three or four days,” he said.

Following initial consultation with investigating officers, Shameem said the prosecuting attorney asks the police to clarify further information within a specified period.

“The police have been very good. They find the information within that period and get back to us. After clarifying all the information, we then decide whether to prosecute the case at court or not,” he said.

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Drug kingpin appeals sentence from Sri Lanka

The ringleader of a nationwide drug network who is currently in Sri Lanka for medical treatment has asked the High Court to review his 18-year jail term.

Ibrahim Shafaz ‘Shafa’ Abdul Razzaq, 32, of Maafannu Lonumidhilige was sentenced to 18 years in prison and fined MVR75,000 (US$4,860) for drug trafficking in November.

Shafaz’s departure to Sri Lanka caused a furor in local media last week with newspaper Haveeru claiming the Maldives Correctional Services (MCS) were not informed of a date for the inmate’s return. An MCS officer did not accompany Shafaz, the local daily reported.

Opposition aligned broadcaster Raajje TV alleged Shafaz was not listed in the immigration control system as a convict when he boarded the midnight flight with his family.

But High Court procedures say appellants in criminal cases must be present in the courtroom for trials to proceed.

Meanwhile, Commissioner of Prisons Moosa Azim said all due procedures had been followed in allowing Shafaz to leave to get medical treatment.

Article 70 and 110 of the new Jails and Parole Act states the Commissioner of Prisons may release an inmate to seek medical treatment abroad, on the advise of a medical board, if such care is not available in the Maldives.

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

Although an inmate is given a maximum three-month period for treatment, the duration may be extended if documents prove further care is required.

“Shafaz’s family is required to keep us informed through daily reports,”Azim said.

Operation Challenge

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

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

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

The traffickers had been using an authorised money changer called A J Emporium to transfer funds to Sri Lanka, Jinah revealed.

The drugs were believed to have been smuggled via Sri Lankan Airlines.

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

Police also discovered that Shafaz had bought a shop named ‘Charm’ for MVR150,000 (US$9700) that was sold in June 2011 for MVR200,000 (US$12,970).

Moreover, Shafaz was renting three apartments in Malé and owned a tailor shop bought for MVR200,000 (US$13,000), a shop in Kaafu Atoll Maafushi, and a Suzuki Swift car worth MVR180,000 (US$11,673), later sold for MVR170,000 (US$11,025).

As Shafaz was not in the room with the drugs at the time of the raid and his fingerprints were not found on the confiscated drugs, the Criminal Court ruled last year that there was not enough evidence to convict Shafaz on one count of the drug charges.

However, he was found guilty on the second count based on recorded phone conversations and financial transactions with a contact in Colombo, believed to be the supplier.

Three of Shafaz’s accomplices who were caught with the opiates and packing equipment – Ismail Shaheem, Mohamed Meead, and Anas Anees – were meanwhile found guilty of possession and trafficking and sentenced to ten years in prison.

In a speech a few days after the drug bust, former President Mohamed Nasheed said he found it “quite shocking [that] 800 packets of heroin a night were getting sealed in the house of an honourable member of parliament.”

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Humam’s confession used against Shan in Dr Afrasheem’s murder trial

The Criminal Court has today heard the prosecution’s evidence against H. Hikost Ali Shan in the case of MP Dr Afrasheem Ali’s murder.

Evidence was presented separately in support of four separate assertions: Shan’s involvement in conspiring to murder, his going to to Dr Afrasheem’s house with the intent of murder, attacking the victim with a sharp object, and Dr Afrasheem’s subsequent death from the attack.

The confession from the Hussein Human Ahmed – who was recently sentenced to death for Afrasheem’s murder – was used to back all four assertions. Humam later stated that the confession was obtained by the  Maldives Police Service through coercive means.

Other evidence presented include two confidential witnesses, audio recording and the script of a phone call, and Dr Afrasheem’s medical report and death certificate.

The defense also presented evidence at today’s hearing. Sun Online reported that the evidence was presented to prove that Shan was in ‘Jalapeno Restaurant’ from 9:00pm on October 1 2012 until 1:00am.

‘CNM‘ reported that Shan’s Defense lawyer Abdulla Haseen had requested anonymity for defense witnesses stating that, due to the nature of the case, revealing their identities could endanger their lives. The request was granted by the judge.

According to ‘Haveeru‘, a request for leniency regarding Shan’s detention was rejected, with the judge stating that more importance would be given to finishing the case as soon as possible, and that previous scheduled hearings were canceled upon requests from the prosecutor general. The court has been extending Shan’s detention since late 2012.

The judge has  said that a hearing is likely to be scheduled within the next week, and that the case will be concluded as soon as statements of the witnesses are collected.

Dr Afrasheem Ali, a moderate Islamic scholar who was at the time representing Ungoofaaru constituency in the People’s Majlis, was found brutally murdered at his apartment building on the night of October 1 2012.

Shan, along with Humam, was charged with with the murder. In a hearing on May 6 2013, Humam denied the charge before changing his statement and confessing to the murder. He also implicated several others investigated for the murder. After nine days, however, Humam retracted the confession saying that it had been obtained by police through coercive means.

Other suspects mentioned in Humam’s confessional statement – a key piece of evidence on both his own and Shan’s cases – included a juvenile  identified as ‘Nangi, a Maldives National Defence Force officer Azleef Rauf, Abdulla ‘Jaa’ Javid (son-in-law of opposition Maldivian Democratic Party Chairperson ‘Reeko’ Moosa Manik), Jaa’s brother Jana, and another person identified only as ‘Spy’.

In December 2012, then Commissioner of Police Abdulla Riyaz described the murder as a “‘preplanned politically motivated act of terrorism carried out by politicians”.

He also said that both Humam and Shan belonged to a local gang who often carry out criminal acts for politicians and businessmen. Riyaz said that MVR14million was paid for the murder.

Politicians have similarly blamed the recent stabbing of MP Alhan Fahmy on criminal gangs with political paymasters.

Shan, who was arrested at the time of Riyaz’s press briefing, was only charged with the crime on  April 21 2013, where he requested to appoint a defense attorney for himself.

A hearing was held again on 5 May 2013, during which Shan’s defense refused to respond to charges until the findings of police investigations and statements of witnesses were presented. Agreeing to grant the request, the judge said that it was the prosecutor’s wish that it should not be presented.

Since May 2013 several scheduled hearings have been cancelled upon request from the prosecution, including one in July and December last year.

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Cabinet advises president to establish regulations for death penalty

The cabinet has today advised President Abdulla Yameen that there is no legal obstruction to implementing death sentences, asking him to establish regulations determining the appropriate procedure.

The cabinet noted murder to be a serious crime on a national level, calling upon the president to pursue implementation of the death sentence using lethal injection.

Meanwhile, Progressive Party of Maldives (PPM) MP Ahmed Mahloof has today announced his decision not to seek a public referendum on capital punishment, giving his apologies to the public.

The decision followed the Fiqh Academy’s statement announcing that a public referendum on the death sentence was unlawful as the punishment was determined in Islamic Sharia.

Mahloof told the press today that he started the work with good intentions, but as religious scholars had said the referendum was unlawful, he no longer wanted to go ahead with it.

Mahloof held a press conference today at the PPM’s offices, telling media that he had never opposed the penalty, but rather had wanted – via the public referendum – to show how much the people were in need of it.

Mahloof said that the cabinet has the authority to enact the death sentence, and called upon it to realise that the implementation of capital punishment has to be started as soon as possible.

On February 4, Mahloof proposed conducting the referendum, suggesting that a poll could be held simultaneously with the parliamentary elections scheduled for March 22.

On the same day Islamic Minister Sheikh Mohamed Shaheem Ali Saeed wrote on his twitter page that a public vote was not allowed on something already determined under Islamic Sharia.

Mahloof’s actions followed Home Minister Umar Naseer’s order to the Maldives Correctional Service last month to begin preparations for implementation of death sentences by lethal injection.

Amnesty International subsequenty called on the government to halt any plans to end the current moratorium on the death penalty, describing such a move as “a retrograde step and a serious setback to human rights in the country.”

President Yameen – on a state visit to Sri Lanka at the time of Naseer’s announcement – meanwhile told the press that the home minister’s order was not discussed in cabinet, and promised “broad discussions” on the issue.

In December 2012, the then-Attorney General Azima Shukoor has drafted a bill outlining how the death sentence should be executed in the Maldives, with lethal injection being identified as the state’s preferred method of capital punishment.

The last person to be judicially executed in the Maldives was Hakim Didi, who was executed by firing squad in 1953 after being found guilty of conspiracy to murder using black magic.

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