Supreme Court hears Gasim’s appeal

The Supreme Court of the Maldives has concluded  the hearing of Jumhoory Party (JP) leader and MP Gasim ‘Buruma’ Ibrahim’s appeal to the High Court’s ruling that his house arrest be extended.

On July 3 the High Court, in response to an appeal filed by police concerning Gasim and People’s Alliance party leader MP Yameen Abdul Gayoom, extended their house arrest to 15 days.

The Criminal Court had earlier ruled their house arrest was to be for three days.

Chief Justice Abdulla Saeed was the Chief Judge at today’s hearing at the Supreme Court. Gasim’s legal team included former Attorney General Aishath Azima Shukoor, Leader of Dhivehi Qaumy Party and former Attorney General Dr Hassan Saeed and former Justice Minister Dr Mohamed Jameel.

Senior Assistant Public Prosecutor Dheebaanaz Fahmy, Assistant Public Prosecutor, Police Inspector Ahmed Jinah were among the eight members of the police legal team.

When judge asked police who reported the case, police Inspector Ahmed Jinah replied “the president’s office.”

Shukoor said that Gasim was misled and arrested illegally in an abuse of his rights, and that therefore extension of detention would also be unlawful.

“The Criminal Court judge ruled that to keep him under house arrest for three days and that police violated many articles of the consitution,” Shukoor claimed.

“As the case has now come this far, the police have not even once denied that they abused the right on arrest given under article 48(b),” Shukoor said. “Gasim Ibrahim was taken to the police station to clarify something and then police arrested him.”

Police in their defence said that they had the power to investigate crime, conserve evidence and prepare cases for disposition by the court under article 244(C) of the constitution.

“And under circumstances police can arrest someone without a court warrant,” said the lawyer. “Police have the right to arrest someone if the arresting officer observes the offence being committed, or has reasonable and probable grounds or evidence to believe the person has committed an offence or is about to commit an offence.”

He claimed that the constitution did not preclude police from arresting a MP who is charged on a criminal offence.

“If Gasim Ibrahim was under house arrest and could attend parliament it could potentially disrupt the evidence,” he said. “We request the Chief of Justice to transfer Gasim from house arrest to police custody.”

Chief of Justice Abdulla Saeed queried the lawyer as to the seriousness of the case.

“Gasim is accused of bribery, and we need time to investigate the case in order prove it,” the police lawyer answered. “He is also accused of treason, and that affects the whole of society.”

When judge queried whether the lawyer was concerned that Gasim might flee, and he replied that it was “difficult to say.”

Meanwhile, Dr Hassan Saeed presented a list of unanswered questions by the police, and police requested the judge to give them time to research the case.

Saeed also observed that the criminal court judge had ruled that police violated many articles of the constitution in arresting Gasim.

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MP Muttalib summoned to police headquarters

Police summoned Independent MP Ibrahim Muttalib to police headquarters yesterday, in a case relating to bribery.

MP Muttalib recently forwarded a no-confidence motion against Education Minister Dr Mustafa Lufthy, prior to Lufthy’s resignation from his cabinet post.

Police Sub-Inspector Ahmed Shiyam confirmed Muttalib was summoned in response to a report received by police, but declined to give further information.

Muttalib said he was summoned to police station yesterday afternoon.

”They told me that it was a case related to bribery,” said Muthalib. ”I asked them to tell me more details of the charges,” he added, but police refused and instead requested he write a statement, he claimed.

”I refused, because they did not give me any information as to what I was being charged for,” he said.

Police recently arrested and charged two MPs for allegations of bribery and treason.

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“MDP offered me millions of rufiya to join”: MP Mahlouf

Dhivehi Rayyithunge Party (DRP) MP Ahmed Mahlouf has claimed that the Maldivian Democratic Party (MDP) has offered him “millions of rufiya” to join the party.

”I swear by God that MDP once offered me seven million rufiya and later nine million rufiya if I joined them,” said Mahlouf. ”Still, out of the respect I have for certain MDP members I will not reveal their names.”

However Mahlouf said he had sought to file a case with police concerning charges of bribery against MDP MP and Parliamentary Group leader Moosa ‘Reeko’ Manik.

”I am not sure the case will be investigated,” said Mahloof, ”because police will not investigate charges against MDP members.”

He accused President Mohamed Nasheed of “threatening MPs to vote on the government’s side.”

Police Sub-Inspector Ahmed Shiyam confirmed that Mahlouf sent a letter to police requesting they investigate a case.

”We cannot give further information as the investigation is ongoing,” said Shiyam. ”We will go through the letter and take the necessary measures.”

Moosa meanwhile claimed said that ever since MDP had come into administration, the opposition “has tried to defame me in many ways.”

”They loaded bottles of alcohol into my car while I was abroad, and for seven nights and seven days it was on the media,” alleged Moosa. ”Once they even told a radio station that I was an [illegitimate] child.”

Moosa said he had “patiently” been ignoring the claims.

”But I won’t be silent anymore – this time I will file a [counter-claim] for defamation,” he said.

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Amendments will send food prices soaring, warns government

The prices of staple foodstuffs will “go up dramatically” if amendments to the Public Finance Act are ratified, warns the State Trading Organisation (STO).

At the now daily President’s Office press conference yesterday, Undersecretary Ibrahim Rasheed revealed that the STO has informed President Mohamed Nasheed that prices would spike if the government ceased its subsidies.

“Until subsidies can be given again through new legislation, subsidies given by the government for foodstuffs will become illegal (if the amendments are ratified),” he said. “Therefore, if this amendment becomes law, a kilo of rice will be at Rf9.75, a kilo of flour Rf6.12, a kilo of sugar Rf8.01.”

In 2009, the government provided over Rf139 million in food subsidies to STO to control prices of staple foods.

According to STO, the price of a kilo of rice or flour will increase threefold while the price of a kilo of sugar will double.

Rasheed accused opposition MPs of attempting to block government services and aid in order to foster negative public perception and shift blame to the administration.

“Even for greed of power, this is too much,” he said.

The parliament’s amendment bill to the Public Finance Act, which was voted through in June, was cited by the cabinet as one of the main reasons for their resignation.

“Act of deception”

In a press release today, the main opposition Dhivehi Rayyithunge Party (DRP) denies that government subsidies will have to be discontinued.

Condemning the claim as “an act of deception”, the statement accuses the government of trying to “mislead the public,” undermine public confidence in MPs and “light fires of hatred.”

“The reality is that while President Nasheed’s government does not have the capability to provide the services required by citizens, this is a cheap propaganda activity to incite fear among the public by using the State Trading Organisation and other such institutions,” it reads.

The amendments

According to the amendment proposed to article seven of the Public Finance Act, “any relief, benefit or subsidy by the state” must be given in accordance with laws passed by the People’s Majlis.

Legislation governing the issuance of subsidies and other state benefits has not yet been proposed to parliament.

The amendment to article 10(a) reads that financial benefits provided by the government in order to pursue its policies must also be issued in line with laws passed by parliament.

However, article 10(c) of the amendment bill states that the government could grant “some financial assistance” from the emergency funds allocated in the state budget under certain circumstances, such as to provide relief after natural disasters.

Meanwhile, 10(d) states that assistance could still be given “if the government believes providing financial assistance to a businessman or a business facing financial difficulties was in the public interest” or if the financial difficulty is believed to impact “the lives of a sufficiently large number of people in society”.

Moreover, article 34(c) stipulates that the government must implement recommendations of the parliamentary committee that reviews the state budget.

Addressing press after the resignation of the cabinet, President Nasheed announced that he would veto the amendments as it would make it “impossible for the government to function” and because “MPs themselves could see that it was proposed without the slightest consideration.”

Article 91(b) of the constitution states that any bill returned to parliament “shall be assented to by the President and published in the Government Gazette if the Bill, after reconsideration, is passed without any amendments, by a majority of the total membership of the People’s Majlis.”

“In my view, these things are happening because a few members of the People’s Majlis are working to preserve their self-interest,” Nasheed said. “If you look at the latest amendment to the public finance law you will see very clearly what’s written in those amendments. It is very clear that those amendments have provisions that directly involve Majlis members’ interest. So what I see here is that we can’t allow [people to] destroy the constitution of the Maldives and render it powerless while hiding behind the protection of the Majlis.”

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US hosts Independence Day celebration in Male’

An event to celebrate 234th anniversary of the signing of the American Declaration of Independence was hosted by the American Embassy yesterday.

Speaking at the function, the new US Ambassador to the Maldives and Sri Lanka, Patricia Butenis, said the event marked a special occasion not just because it was America’s national day “but also because today marks the first time in recent memory that our embassy has hosted a July 4th celebration here in Maldives.”

American embassy staff and dignitaries played host to members of Maldivian government, the
opposition, Majlis speaker, diplomats, Maldives National Defence Force (MNDF) and police personnel, representatives of NGOs and other invitees at the Holiday Inn in Male’.

The function began with the arrival of President Mohamed Nasheed and Vice President Dr
Mohamed Waheed, followed in quick succession by a hurried Ambassador Butenis.

A beautiful rendition of both the Maldivian National Anthem and the American National Anthem
was sung by a little girl called Medison, to kick start the event

“Medison is uniquely placed to sing it, as she is American and turned six years old on
July 26th – Maldives independence day,” said Glenn Davis, Cultural Affairs Officer at the US High Commission in Colombo.

Medison did perfect justice to the Maldivian anthem, pronouncing every word correctly, followed
by an equally beautifully-sung American anthem.

Complimented by President Nasheed on her singing, she said she had learned the Maldivian
anthem “from soccer practice”.

Ambassodor Butenis took the stage next, thanking President Nasheed for delaying his arrival to
coincide with hers.

Noting that Embassies across the world mark this event she said she could think of no better
place to celebrate July 4 than the Maldives.

“In many ways your own path to democracy resembles ours. Although you were never a colony
like us, you too achieved your full independence after a period of British influence in your affairs.”

She highlighted that this month, the Maldives marks the 45th anniversary of that event and that
looking back at America’s experience over the past 234 years, “I can tell you, the road to an
even more perfect democracy is both long and full of twists and turns.”

Noting the many obstacles faced along the way, she noted the civil war, racial and gender
inequalities, to the more recent bitterly-contested presidential election that had to be taken to the
Supreme Court to resolve.

Ambassodor Butenis said “overcoming each challenge required leadership, compromise and a
shared commitment to strive towards a strengthening of democracy.”

Noting that Maldives has undergone tremendous transition on multiple fronts, she said such
transitions always face difficulties.

“I wish I had the secret to make this work, but in the US partisan disagreements also impede
progress on some of the issues most important to Americans. I think the message from citizens
of both our countries to our political leadership is the same: seek compromise, dialogue and
civility and never lose sight of your charge to strengthen democracy and promote the common
good.”

President Nasheed was invited to the podium next and started by addressing the
Ambassodor Butenis, Speaker of Majlis, the Vice President and adding, “I’m sad to say I cannot introduce any
ministers.”

Ambassodor Butenis, standing nearby, interjected that “they were all invited,” evoking laughter
from the assembled dignitaries.

President Nasheed said that it was difficult days for Maldives, that there were things that could
be learned from Americans, and that despite the help and advice from many sides it was a big
challenge the country was facing.

“This is the biggest challenge the nation has faced – we are having a constitutional crisis.”

Hoping that the worst of it was over, the President said “there is no better course of action than
dialogue.”

He went on to assure all those present, “including the good people of America and all citizens of the
Maldives, we will not do anything illegal, anything which is not prescribed by law.”

Alluding to the controversial tapes released today, he said voting in the Majlis was based on
corruption and bribery and not based on merit.

“When a cabinet resigns and accuses a whole institution,” things are gravely wrong, he said.

Nasheed added that he had been informed that MPs had been approached to sell their votes and telephone
conversations had come to light in a manner that “clearly implicates MPs in the act of buying and selling
votes.”

President Nasheed said “this is not the kind of government, nor the kind of country we want to
lead.”

Stressing the importance of dialogue and reaching agreement with those involved, President
Nasheed thanked the Speaker of the Majlis.

“The Speaker of the Majlis is an honest man. We may have issues but I would like to work with him,” Nasheed said, adding the way through the impasse now was to find amicable solutions.

He said Maldivians had not just elected him to be in the government, “but Maldivians have asked
us to implement democracy in Maldives.”

President Nasheed thanked the United States for “being a strong partner of the Maldives in
democracy – we have the same ideology and share the same beliefs.”

Afterwards Ambassodor Butenis and President Nasheed mingled with the invitees. The
Americans played perfect hosts, and along with the live music and delicious buffet, the first
Fourth of July celebrations in Maldives would have made even the Founding Fathers proud.

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Comment: Thick as thieves

“Would a Rose by any other name still smell as sweet?” wrote Shakespeare. In the case of the Maldives People’s Majlis, call Rose what you like – she will still stink of corruption.

The ‘cash for votes’ scandal has gripped the nation ever since secret telephone recordings between opposition MPs were published on the Internet yesterday afternoon.

In one recording, the deputy speaker of the Majlis Ahmed Nazim discusses with Abdulla Yameen how Gasim Ibrahim took ‘Rose’ to Paradise Island Resort to finalise a Rf1 million deal.

“So Rose is joining Jumhooree [Gasim’s political party] now?” Yameen asks.

“No it’s not that….it is just for these matters,” assures Nazim, before explaining that ‘Maniku’ will complete the deal with Rose for a further Rf2 million. Nazim goes onto say that Gasim “has said everything will be OK… 100 percent and not to worry.”

In another recording, MP Mohamed ‘Kutti’ Nasheed says to Gasim, “I need some cash.”

“Yeah, OK,” replies Gasim before the two MPs discuss how the transaction will be completed.

In the third recording ‘Kutti’ Nasheed explains to Yameen and Nazim how he will “prevent the government from trying to do what it is doing” by moving motions of no-confidence against Finance minister Ali Hashim and Economic Affairs minister Maumood Razee. He reads out a plan to stop “all work on the tax bills submitted by the government to the Majlis.”

Rumours of corruption in the Majlis are nothing new, but never before have the sordid details of MP’s shenanigans been aired in such excruciating detail.

Last week, President Nasheed was being pilloried in sections of the media for being ‘dictatorial,’ following the arrest of Yameen and Gasim for alleged corruption and bribery. Now, significant sections of the community seem keen to lock them up and throw away the key.

“Petty, cheap, revolting, nauseating” – “Have nothing to say except that…I am ashamed. How cheap are our parlimentarians?” – “Thick as thieves. Guilty as sin. Let them hang from the nearest coconut tree!” – a few readers’ comments from Minivan News’ coverage of the scandal.

While many Majlis watchers will not be surprised to hear the tapes involving Yameen, Nazim and Gasim, many people have been shocked to hear that ‘Kutti’ Nasheed is also implicated.

Kutti likes to present himself as an independent MP par excellence, a symbol of integrity who rises above the grubby day-to-day deals of the Majlis. No longer. He has been treating Gasim as his personal ATM. In return, he appears to be chief architect of plans to subvert the government’s tax and privatization initiatives, measures that could damage Gasim’s and Yameen’s extensive business interests.

In his personal blog, Kutti says he simply borrows money from Gasim from time to time and it has no influence on his voting in parliament. Few, if anyone, will believe his excuse.

So far, the corruption allegations appear concentrated on Yameen’s Peoples’ Alliance party, Gasim’s Jumhooree party, and their ‘independent’ supporters in the Majlis. Indeed, President Nasheed said yesterday that the speaker of the Majlis, DRP MP Abdulla Shahid, is “an honourable man.”

How far this scandal spreads is anyone’s guess, but it is likely to lead to both political and cultural change in the Maldives, as people recognise the real damage that corruption can bring to their institutions.

For centuries, Maldivians have pledged their loyalty to rich men, bodun, whose political power and status was measured by the number of their followers. These loyalties often spanned generations, and the practice of honouring the rich and seeking their ‘benevolence’ was deeply entrenched in the Maldivian psyche. The dictatorship and crony capitalism of the previous Gayoom government welded easily with this old cultural tradition. The democratic revolution of President Nasheed’s administration, and the President’s open condemnation of corruption, is demanding new loyalties to the rule of law, honest administration and institutions, and personal integrity.

It’s a painful process for the old cliques who profited so much and enjoyed high social standing, but a welcome change for the young Maldivian population who see an opportunity to compete and prosper without selling their loyalty and bowing to the bodun.

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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Leaked voice clips may be ‘conversations between friends helping each other’: Yameen

Three recordings of discussions between Majlis members referring to other members and officials, including a plan to cease work on the Tax bills in the Majlis, have appeared on the Internet.

The People’s Alliances party (PA) leader Abdulla Yameen Abdul Gayoom told Minivan news this afternoon that a voice in the sound clips might be his, but the conversations were ”not to borrow money to bribe MPs… [rather] As friends, we might help each other,” he said.

Yameen said the discussions ”would be a recording of a telephone call”, and were potentially taped by either the Police or by the Maldives National Defence Force (MNDF). ”We have sent a letter to the telecommunications authority to clarify whether they gave permission to record any of their telephone calls,” he said. ”It is unlawful to record private phone calls.”

However, the Police denied Yameen’s claims. ”The Police will never record anyone’s phone calls,” said sub-Inspector Ahmed Shiyam. The police had no connection with the leaked voice recordings, he said.

The People’s Alliance party secretary-general Ibrahim Shareef said that he could not say whether the voice in the clips was Yameen’s. ”Personal calls should not be recorded,” Shareef said. ”We do not have anything to say regarding this. Yameen himself will be the best person to ask. This is a personal issue.”

Jumhooree party leader MP Gasim Ibrahim did not respond to Minivan News’ calls at the time of publication.

The second recording below is between the South Kulhudufushi MP Mohamed ‘Kutti’ Nasheed and MP Gasim Ibrahim, according to ‘Kutti’ Nasheed’s personal blog. Nasheed says that the request for cash from Gasim was made months ago. In his blog, Nasheed denies that the cash had anything to do with voting in the Majlis.

Recording:1 Transcript below | Audio in Dhivehi – mp3 file

Voice1: We have the original now.

Voice2: So if we put this through the ACC [Anti-Corruption Commission] tomorrow morning, how soon will the ACC release a statement?

Voice1: It should be released tomorrow. They are coming tonight. Two ACC commissioners are in Malaysia. The President [of ACC] is here. Our friend Hoara Waheed is there. I have directly given all warnings through him… in prelude to this… that this is a must. I have also passed the number to Gasim. Seems Gasim will maintain connection.

Voice2: Have we been able to get anything from Gasim yet?

Voice1: He said Rose matter is sealed. He worked very hard. He took Rose to Paradise yesterday evening at 6. And he came to that meeting at around 9.30 -10 and said “final”. That it’s done.

Voice2: So that means?

Voice1: It’s the one million matter. Isn’t it?

Voice2: Yeah.

Voice1: He tried a funny story with me. After Friday prayers yesterday, I went to Gasim’s house…

Voice2: So Rose is joining Jumhooree Party now?

Voice1: No it’s not that… It is just for these matters…

Voice2: In that case, Nazim, why don’t we take Rose, with this million?

Voice1: Yeah. Rose knows now. And I have asked Maniku to complete the deal. With one million given there is still two million… So what happens now is… I mentioned everything that there was doubt about. I wasn’t able to talk to Gasim later. He has said everything will be Ok…100% and not to worry.

Voice2: What are you telling Maniku?

Voice1: I went to Maniku… Gasim is going to see Hassan Saeed at 2.30.

Recording:2 Transcript below | Audio in Dhivehi –mp3 file

MP ‘Kutti’ Nasheed: And again, it is three months since I have been trying to get myself out of that.

MP Gasim Ibrahim: Finishing it now.

MP ‘Kutti’ Nasheed: Are you still in the office, … mean … in the Majlis?

MP Gasim Ibrahim: I came at six o’clock and since then, now finishing and leaving now. Continuing tomorrow.

MP ‘Kutti’ Nasheed: Yeah, OK.

MP Gasim Ibrahim: What happened?

MP ‘Kutti’ Nasheed: I contacted, this is just… how is your situation in relation to flow?

MP Gasim Ibrahim: Why?

MP ‘Kutti’ Nasheed: I need some cash.

MP Gasim Ibrahim: Yeah, ok… How much?

MP ‘Kutti’ Nasheed: I need it very much.

MP Gasim Ibrahim: Have you got someone to come over here?

MP ‘Kutti’ Nasheed: Here, at this time, there’s no one.

MP Gasim Ibrahim: Yeah it is…

MP ‘Kutti’ Nasheed: Yes, tomorrow morning will be fine. It’s not a problem.

MP Gasim Ibrahim: People will see it there, will be watched, won’t it?

MP ‘Kutti’ Nasheed: OK, I will try and arrange someone from there to go to Villa, is that ok?

Recording:3 Transcript below | Audio in Dhivehi – mp3 file file

Voice2: Yes, what is it?

Voice1 (?): Dilute, Thasmeen is working to dilute… Nasheed, could you please tell that story.

MP ‘Kutti’ Nasheed: Yes, I was contacted just then…. You have seen the first draft, haven’t you?

Voice2: I haven’t seen it yet, not yet.

MP ‘Kutti’ Nasheed: OK, the first draft states specific actions that will be taken. I will, for your convenience, read it for you right now, those bits.

Voice2: OK read.

MP ‘Kutti’ Nasheed: It was agreed that to prevent the government from doing what it is trying to do, to take a number of steps all at once.

These steps include meeting with those who submitted the [airport] bids, and clearly explaining to them the common Maldivian view on this, and the view of the political parties.

The Financial Act Amendments Bill, which is in the finishing stages, is to be pushed fast through the Majlis.

Submit a no-confidence motion to the Majlis for a decision regarding the Minister for Finance Ali Hashim and the Minister for Civil Aviation Mahmood Razee who is responsible for the privatisation.

And until all these things are done, to cease all work on the tax bills submitted by the government to the Majlis.

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Adhaalath party calls on MPs not to misuse their powers

The Adhaalath Party has called on Majlis MPs not to misuse the powers given to them by the constitution and to fulfill their responsibilities to the nation and their religion.

”We call on the government ministries and institutions to conduct all their projects in the best interests of the country and in a way that will benefit the immediate and the long term future of the country,” said the Adhaalath Party in a press release. ”We call on the Police and Maldives National Defence Forces (MNDF) not to listen to door-knock of injustice and torture.”

The party said all its members would co-operate to establish peace and harmony in the country.

”We appeal to all the people to work in the best interests of the country and people and to help each other,” the press release said. ”While a government is established to serve the people, the Adhaalath party is very concerned about the challenges the government has to face today. These challenges are causing endless grief.”

The country has reached to a complete deadlock, said the leader of the party, Sheikh Hussein Rasheed. ”It is the responsibility of the three powers of the state to run the country,” he said, ”but they are in conflict with each other and obstructing each other’s duty.” He advised the three powers to co-operate with each other.

The Adhaalath party has recently met with the President Mohamed Nasheed after the entire cabinet resigned, and the party shared the concern of the government that the opposition controlled parliament does not cooperate with the elected government.

”The party will not participate in any activity that is not in conformity with the principles of the party,” it said in the press release.

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Letter on recalling elected MPs

Dear Editor,

Should we have the right to recall Majlis Members? It can be done in other democracies, why not in the Maldives?

I believe it is time we change the electoral law to force MPs to seek votes of confidence through a constituency recall mechanism if they have been found guilty of unacceptable behaviour.

In the light of current political chaos and other ongoing outrages committed by Majlis Members, we should demand the right for voters to be given the power to sack MPs.

Please demand ”right to recall” legislation by signing a petition:
http://www.gopetition.co.uk/online/37519.html

Solah Rasheed

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