Police considering legality of 300 arrests in wake of Criminal Court’s release of Gassan

The Maldives Police Service is reviewing the legality of a number of arrests made under article 46 of the constitution, after the Criminal Court ruled last night that the arrest of Gassan Maumoon, son of former President Maumoon Abdul Gayoom, was unlawful.

Police Sub-Inspector Ahmed Shiyam explained that police were studying the cases to determine whether the arrests were lawful in light of the Criminal Court precedent, and considering releasing the suspects.

Chief Judge Abdulla Mohamed ruled last night that Gassan was arrested in violation of article 46 of the constitution and a Supreme Court precedent establishing criminal justice procedures.

Article 46 states, “No person shall be arrested or detained for an offence unless 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, or under the authority of an arrest warrant issued by the court.”

Gassan’s lawyers argued at court that as the former President’s son was taken into custody without an arrest warrant after he was summoned for questioning, the circumstances of his arrest does not fit the exceptions provided for in the constitution where suspects could be arrested without a court order.

Sub-Inspector Shiyam however said there were “dangerous criminals we have arrested following the same procedure for committing offences such as child molestation, drugs and assault and battery.”

Police were currently reviewing the cases of “over 300” suspects to determine if their arrests were constitutional, he said.

Responding to the legal arguments from Gassan’s lawyers at the Criminal Court hearing yesterday, Police Superintendent Mohamed Jinah said if Gassan’s arrest was unlawful, “every one police have arrested and brought before the court [for extension of detention] was arrested in violation of the constitution.”

Jinah insisted that the arrest was lawful as police had reasonable grounds to suspect Gassan had committed a crime and were prepared to submit early evidence for an extension of detention.

Speaking to Minivan News today, Progressive Party of Maldives (PPM) Spokesperson MP Ahmed Mahlouf said the police statement was intended to “put the lid on Gassan’s arrest,” which he said had drawn public anger towards the government.

Mahlouf noted that only the Criminal Court, High Court or Supreme Court could order the release of suspects held in remand detention and “not the President’s Office or Home Ministry.”

“And the only way to change a Criminal Court ruling is to appeal it at the High Court,” he said, adding that the Supreme Court precedent in July 2010 established that only the Prosecutor General could file such appeals.

The PPM also filed three complaints at the Police Integrity Commission (PIC) regarding Thursday’s disturbances, Mahlouf said, which involved the police reaction to the MDP protest outside the Supreme Court and police failure to intercede when MDP activists damaged the property of the former President.

The party also filed a complaint about the summons chit sent to Gassan Maumoon, he continued, which he argued was “unlawful” as the former President’s son had exercised his right to remain silent when he was first summoned on Saturday.

The PIC had invited PPM members for a meeting regarding the complaints at 12:00pm tomorrow, he said, adding that the commission had formed three committees to investigate the matter.

Two activists of the ruling Maldivian Democratic Party (MDP) arrested for their involvement in disturbances outside the former President’s residence, Endherimaage, last Thursday were meanwhile released from custody today.

The Criminal Court yesterday approved a five-day extension of detention for MDP activist Ilham. Following his release last night, Ilham’s lawyer Abdulla Haseen said Gassan was arrested on suspicion of endangering a person’s life while Ilham was arrested on suspicion of damaging personal property during Thursday’s protest.

But, said Haseen, while Ilham was handcuffed and had his detention extended by the court, Gassan was treated very differently.

Supporters of the former PPM attacked Housing Ministry’s State Minister Dr Mohamed Shareef yesterday when he arrived from a conference in Bandos while PPM activists were demonstrating outside the police headquarters.

Sub-Inspector Shiyam said today that no arrests had been made yet in connection with the attack, footage of which was shown on Villa Television yesterday. The PPM supporters also stormed into the Home Ministry and met with senior officials to complain of Gassan’s arrest.

No-confidence

President’s Office Press Secretary Mohamed Zuhair meanwhile told Minivan News that in the wake of yesterday’s Criminal Court ruling, “all the arrests made in the past using the same procedure will be unlawful.”

Zuhair revealed that a team of senior police officers met with Prosecutor General (PG) Ahmed Muiz today to discuss the implication of last night’s precedent.

“He did not speak on the issue and rather questioned the police about some past incidents that he asked police to investigate and told the police to leave the PG Office immediately,” Zuhair said.

Following the actions of the PG, said Zuhair, the executive believed the government could no longer work with him.

“We will file a no-confidence motion against him [in parliament] very soon,” he said.

PG Muiz was unavailable for comment today.

PPM Spokesperson Mahlouf said the party would do “everything we can to save the PG” and such targeting of independent institutions the government was displeased with was “unacceptable.”

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Expat nurse working in Gulhi raped

Police have arrested two men and a minor on suspicion of raping an Indian nurse working in the island of Gulhi in Kaafu Atoll.

Deputy Chair of the Gulhi Island Council, Abdulla Shiham, told Minivan News that the incident occurred last Friday night.

“That night a council member was phoned and informed about the incident at 12:30am in the morning,” he explained. “I myself went to the house where the nurse was staying and we reported it to the police right away. Police arrived the next morning because the weather was bad and no speedboat was available at the time.”

Police started their investigation the following morning, said Shiham, and arrested a 19 year-old, a 24 year-old and a minor.

“The nurse has worked for the island for almost five years and she has helped the islanders in many ways,” he continued. “We condemn this action with the strongest possible terms and we call on police and judiciary to give them the harshest penalty possible, even to the minor.”

Islanders were all frustrated and sad about the incident, the council chair said.

“When the doctor in the island health centre goes for vacation the nurse will not let us feel the absence of the doctor, she cares for the islanders very well, even if we asked she would open the health centre at midnight,” he added.

While the nurse wanted to come back to work for the island, Shiham said her husband did not want her to stay there any longer and she left the next day.

Police Sub-Inspector Ahmed Shiyam confirmed the arrests were made and said the investigation was underway.

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Criminal Court rules Gassan arrest unlawful

Criminal Court Chief Judge Abdulla Mohamed ruled tonight that police arrested Gassan Maumoon in violation of the constitution and a Supreme Court precedent establishing criminal justice procedures after his lawyers filed an application for a writ of ‘habeas corpus’, or release from unlawful detention.

After the case was filed this afternoon, the court issued an order to the police to bring Gassan to the court before 4:00pm today.

Gassan’s legal team, including former Attorney General Azima Shukoor and former President Maumoon Abdul Gayoom’s lawyer Mohamed Waheed Ibrahim ‘Wadde’, argued that Gassan’s arrest after being summoned to police headquarters at 10:00am was in violation of article 46 of the constitution.

Article 46 states, “No person shall be arrested or detained for an offence unless 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, or under the authority of an arrest warrant issued by the court.”

Gassan’s legal team also claimed procedural violations in the arrest based on the precedent established by a Supreme Court ruling (page 11 point 11) in July 2010 overturning a High Court ruling extending the arrest of MPs Abdulla Yameen and Gasim Ibrahim.

Azima argued that the precedent established that the burden of proof falls on the state before arresting suspects.

Noting that police did not seek a court order for Gassan’s arrest, which was the “established norm,” Azima said the circumstances of his arrest did not fall under exceptions provided for in the constitution where police could arrest suspects without an arrest warrant.

Gassan’s lawyers noted that he was arrested four days after the incident took place.

In the absence of a Criminal Procedures Act, said Azima, the precedent should be followed in interpreting article 46 of the constitution.

Moreover, she added, Gassan was arrested through “deception” as “my client did not present himself to police to be arrested.”

Gassan was first summoned for questioning last Saturday concerning disturbances outside his residence Endherimaage on Thursday during a protest by the ruling Maldivian Democratic Party (MDP).

The protesters were calling for judicial reform, alleging that the judiciary and the Judicial Services Commission (JSC) were subject to political manipulation by the opposition and members of the former government.

During the protest a 17-year-old boy was struck on the head with a wooden plank allegedly thrown from Endherimaage while protesters led by MDP MPs, councillors and senior members were outside the former President’s residence.

Responding to Azima’s arguments at court today, Police Superintendent Mohamed Jinah insisted that the arrest was lawful as police had reasonable grounds to suspect Gassan had committed a crime and were prepared to submit early evidence.

If Gassan’s arrest was unlawful, said Jinah, “everyone police have arrested and brought before the court [for extension of detention] was arrested in violation of the constitution.”

Jinah suggested that Gassan’s legal team was “concerned that we might present evidence” and that the legal argument bore “no weight.”

The top police attorney submitted documents containing early evidence for the judge’s considering, including a medical report of the injuries sustained by the 17-year-old, photos, witness statements and “evidence we collected from the scene.”

The evidence was submitted despite the hearing being held on the case filed by Gassan’s lawyers contesting the legality of his arrest. Police were due to bring the former President’s son before court at 7:00pm to determine if his detention could be extended.

Jinah said police had reason to believe the investigation could be compromised if Gassan was released from custody.

Although the early evidence was not shared with the defence counsels, Azima argued that witness statements were invalid as they would have come from “people participating in an unlawful assembly.”

When Azima contended that the police claims conflicted with media reports on Thursday’s incidents, Jinah noted that “different media reported the same incident in very different ways.”

Gassan’s lawyers meanwhile submitted as counter-evidence photographs and video footage showing an MDP protester carrying a wooden plank. The footage was first aired on private broadcaster DhiTV challenging the MDP’s contention that the wooden plank was hurled from a second floor balcony of Maafanu Endherigas.

Azima argued that the nature of the evidence submitted was not enough “to establish a causal link between the suspect and the crime.”

When Gassan’s lawyer Maumoon Hameed criticised police for not examining “publicly available video footage,” Jinah said police had requested video footage from media outlets as well as footage caught on private security cameras.

Supporters of the former President’s newly-formed Progressive Party of Maldives (PPM) were camped outside the Justice building for the duration of the hearing carrying “Free Gassan” placards and celebrated with loud cheering when Gassan emerged from court.

Later in the day, activists of the ruling party gathered to protest outside the Supreme Court behind police lines. A heavy police presence kept the rival protesters at opposite ends of the court building.

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Government misled by NDMC’s management of Moreway money

Senior members of Moreway Construction Company and the National Disaster Management Center (NDMC) have been implicated by employees of NDMC and the French Red Cross (FRC) for their alleged corrupt involvement in a 2005 Laamu Gan tsunami housing project.

“Moreway is a scapegoat for forgeries and fabrications committed by the Arif brothers Ahmed and Abdullah, and Mohamed ‘Dhigali’ Waheed,” alleged one member of the business community familiar with the individuals, who wishes to remain anonymous.

Dhigali is a former shareholder and current executive manager of Moreway Construction. Ahmed Arif owns Apollo Holdings Company, which has been linked to Moreway, while Abdullah Arif, formerly director of Moreway Arun Excello, today holds shares in Lotus Company.

The Anti-Corruption Commission (ACC) recently entered NDMC with police forensics experts to review files relating to a Rf18 million (US$1.16 million) payment issued to Moreway by the government in May. The ACC stopped a second payment of Rf15 million (US$973,000) in August on suspicion of corruption.

In 2005, the FRC tendered a US$7 million post-tsunami housing project for Laamu Gan, accepting bids from several companies, including Moreway, in a joint venture with Indian company Arun Excello and local company Aima. Although the project initially proposed 460 houses, complaints of insufficient conditions and finances prompted the FRC to reduce that number to 240.

NDMC Senior Project Manager Mohamed Waheed said Moreway’s complaints of insufficient financing and obstacles to construction prevented the company from fulfilling its contract, although at the time, claimed Waheed, imported materials were duty-free. A former employee of the French Red Cross, Adam, added that Red Cross site inspections and budget plans were nearly fool-proof. But “they were always demanding money from FRC, they had all kinds of excuses,” said Waheed.

Meanwhile, Arun Excello had abandoned the project mid-way due to frustrations with Moreway, incurring a loss of US$300,000.

Representatives at Arun Excello had not responded to inquiries at time of press.

After building 80 houses, Moreway’s contract was terminated by the FRC and the project handed over to Maldives Transport and Contracting Company (MTCC) under the government’s remit.

Moreway was subsequently sued by NDMC on behalf of the Maldivian government for losses incurred by the unfinished project. In November 2007, the Civil Court delivered a verdict requiring Moreway to pay US$2.3 million to the government and granting NDMC the right to sell Moreway property at their construction site if the money was not paid within one month.

Sources say the money, due four years ago, has not yet been paid.

“Misleading” letters

Although payments were released to Moreway this year by the Finance Ministry, Waheed claimed that the government has been misinformed.

On April 19, 2011, Deputy Minister of Housing and Environment Ahmed Zaki sent a letter to Finance Minister Ahmed Inaz stating that a sixth invoice submitted by Moreway in March 2007 had yet to be paid, and requested that the ministry release the funds.

In response, Inaz said budget constraints prevented the money being allocated to NDMC, “so, money is to be paid from the NDMC budget.”

Further letters obtained by Waheed illustrate government confusion around the issue. In what Waheed called “misleading letters” between the Finance Ministry and NDMC, NDMC personnel requested the government to pay expired contractor invoices for a project which it had not tendered. At Zaki’s suggestion, the Finance Ministry reallocated money for current housing projects in Dhuvaafaru and Vilufushi to facilitate these payments, which were made using the current dollar-rufiyaa exchange rate.

Although the first payment voucher, processed in May, required Mohamed Waheed’s authorisation, his name had been crossed out and replaced by Deputy Minister Adam Saaed’s, who authorised the voucher along with Zaki.

Asked why this had been done, Waheed speculated that “they thought I wouldn’t sign it, and since Saeed is a friend of Zaki’s they had him sign it. I don’t think he even knew about it, maybe he signed it without thinking much.”

Meanwhile, documents used to obtain these payments are in dubious standing. Waheed points out that only copies were submitted to the Finance Ministry. “Who will accept invoice copies these days? Not even a small child!”

FRC officials also pointed out that the invoices had long been considered invalid.

Emails exchanged between Waheed, FRC senior project manager Brett Campbell and FRC construction coordinator Xavier Chanraud confirmed that all legitimate invoices from Moreway had been paid in full by the time FRC closed its housing projects and left the Maldives.

Chanraud recently stated that, “The FRC has closed all of its housing projects in the Maldives years ago and has already paid 100 percent of its contracts value through NDMC, which includes all defect liability retentions to the contractors. I do not think those invoices are still eligible, especially if rejected four years ago by the NDMC for technical reasons.”

Campbell added that the Civil Court’s verdict against Moreway indicated that “not further payments were due to Moreway.”

In reference to requests for additional payments for access road construction, Campbell said those claims were “discussed at length” and “deemed to be a contractor’s cost.”

Then NDMC Chief Coordinator Abdulla Shahid allegedly rejected the invoices at the time on similar grounds.

“It is questionable how these invoices made headway into NDMC budget section [in 2011],” Waheed wrote in a statement. “These are not outstanding payments to Moreway as one would think and FRC does not recognise these invoices as pending.”

When the invoice for a second payment was authorised by Zaki and NDMC chief coordinator Sheikh Ilyas Hussain and submitted to the Finance Ministry, Inaz questioned its validity against Moreway’s pending debt to the government.

Zaki then took the invoice with comments from NDMC Finance Director Mohamed Shiyam’s desk and passed a new copy to someone else for processing, Waheed alleged. Copies of both invoices with clear discrepancies were shown to Minivan News in private interviews.

The Maldives’ current Red Cross affiliate office, the International Federation of Red Cross (IFRC), was unable to comment on the case.

A blind spot

Sources at NDMC and formerly the FRC agreed the previous regime’s corrupt reputation has left the current government with a blind spot.

“At the time, the government was too corrupt to get money for projects,” said Waheed. “So the FRC was funding the project, but after Moreway could not complete the project FRC left and the government stepped in.”

Government bias may have pervaded the project from the start, however. Moreway’s original bid was rejected over a fake bank guarantee, Waheed pointed out, and the company had to go to court to clear its name before re-submitting its bid.

“This is how things were done then, I don’t know why Moreway was selected but that was Gayoom’s regime,” he said.

Internal complications at the Red Cross were also rumored, although a source familiar with the operation could not confirm the reports.

For Adam, the central issue in the Moreway case is ignorance. “GoM does not understand the discrepancies in payments and procedures, and has not been properly informed of the project, so it is being charged for variations that were not approved by FRC,” he said.

According to Adam, the “local procedure” leaves project tendering and awarding to the Ministry and does not include consultants. It is “the only procedure Maldivians know,” and supports a “culture of embezzling state funds” whereby invoices are frequently submitted, rarely checked, and often paid.

FRC’s procedure is more meticulous and independent, Adam explained. Consultants are included in the bid review process, and officials at local and international FRC offices review projects alongside NDMC officials and consultants.

Had the government been more aware of FRC’s procedures, Adam said it would have noticed that the recently-paid invoice had not been signed by a consultant or passed through the review process at FRC.

The trickle-down effect

Distribution of the Rf18 million (US$110,000) is unclear. One source said it was obvious to anyone familiar with the business community that Dhigali “has profited personally, that he is a crooked businessman is known across the whole Maldives.”

A source familiar with the business community implicated Dhigali in a check fraud case involving companies Apollo and Lotus. The Arif brothers are currently shareholders in Lotus, and were allegedly issued a bad check by Apollo, in which Dhigali is a shareholder.

Other sources believe that anyone involved in processing the payments has also received a share.

The Arif brothers, said to have split associations with Dhigali earlier this year, were reportedly unaware that the payments were made. Ahmed Arif avoided scheduled interviews with Minivan News, and Dhigali did not respond to phone calls.

To date, Moreway’s debt of US$2.3 million has not been paid.

Breaking the Silence

“This is a big fraud and corruption case involving senior members at the government and at NDMC,” said Waheed, who said he suspects political tensions could make the ACC’s investigation difficult. “I’ve told Ilyas and Zaki not to do this. But Ilyas said he is helpless because he is not part of the ruling party. Zaki is MDP, though, and I think the two don’t want to have a conflict.”

While Waheed believes the ACC “is now more professional than before, and we should attach some faith to their investigation,” he chose not to report his findings to the commission.

Instead, he wrote to the President. “Because this involves so many government members I thought it was best to go to the government first, before reporting anything to an outside body. But when I spoke with them they were nervous, they didn’t want this thing to be talked about.”

Minister Inaz had not responded to phone calls at time of press, and Ilyas refused to speak to Minivan News. Deputy Minister Zaki denied all allegations.

ACC’s investigation of NDMC is currently underway.

Correciton: Previously, this article stated “Zaki then took the invoice with comments from Inaz’s desk and passed a new copy to someone else for processing.”

It should have read, “Zaki then took the invoice with comments from NDMC Finance Director Mohamed Shiyam’s desk and passed a new copy to someone else for processing.”

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Police Integrity Commission requests PG prosecute former Deputy Commissioner Rishwan

The Police Integrity Commission (PIC) has concluded its investigation into complaints filed by several individuals claiming they were unlawfully arrested and mistreated in custody in July 2010, requesting former Police Deputy Commissioner Mohamed Rishwan be prosecuted for alleged violation of the Police Act.

According to local media citing the PIC investigation report, Rishwan admitted to giving the order to his subordinates to cut the hair of several individuals arrested during a special operation, including minors.

PIC Chairwoman Shahindha Ismail did not respond to Minivan News at the time of press.

Rishwan meanwhile resigned from the post of Deputy Commissioner on July 12 this year, informing local media that he wished to spend more time with his family.

In July last year, police and the Maldives National Defense Force (MNDF) arrested almost 60 people, including children, in a joint special operation launched to curb the rise in gang violence.

Many arrested at the time claimed that their mobile phones and personal belongings were confiscated and not returned when they were released.

Almost everyone arrested in the operation was released without any charges.

A number of those arrested claimed they were mistreated and abused in custody, including being forced to remove their clothes, blindfolded and beaten.

“I was arrested while I was on the way to Dharumavantha Scool to get a document,” one of those arrested told Minivan News in July 2010. “While I was waiting near the traffic lights on Sosun magu, two policemen and two MNDF officers told me to be freeze, came up behind me and handcuffed me and my friend.”

“I asked them on what charges they were arresting me, and where they were taking me, and they said they needed me to clarify some information.”

He said the officers pushed him into a police bus and blindfolded him with his hands tied with clips.

“They took me to a place and removed my silver ear-rings, my bracelets, necklace and sunglasses,” he claimed. “Then they took me to a place and removed the blindfold on my eye, and ordered me to remove my clothes. I refused, but I had no other choice so I did, and they told me to bend over. They harassed me verbally and physically.”

He said the officers were covering their faces.

“After checking me they blindfolded me again, and then took me to somewhere else. I asked them where they were taking me, they said that I should speak only when I am spoken to,” he said. “They pushed me into another room, where they trimmed my hair. When I tried to refuse, they hit beat me.”

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MDP calls for justice for 17-year-old injured outside Endherimaage

The ruling Maldivian Democratic Party (MDP) has condemned “the uncivilised, cowardly and inhumane attack” on 17-year-old Hussein Hassan, Gaaf Dhaal Thinadhoo Semy, who was struck on the head with a wooden plank allegedly thrown from Maafanu Endherimaage, residence of former President Maumoon Abdul Gayoom.

An MDP protest against the judiciary last Thursday turned violent outside Endherimaage after the 17-year-old was injured from the object, which eyewitnesses claimed was hurled from the second floor balcony of the building while the protesters led by MDP MPs and senior officials were passing below.

In a press statement released today by the MDP parliamentary group, the ruling party said the left side of the boy’s brain was not properly functioning and he could not recall past memories as a result of the injury.

“The Maldivian Democratic Party urges all relevant authorities of the state to bring everyone who took part in this lowly, inhumane act to justice,” it reads. “MDP will be watching how the investigation is progressing very closely and the party would like to assure the family of the injured boy as well as our members that we will take all necessary legal action in this case.”

Minivan News journalists at the scene on Thursday observed gravel, stones, hot water and sharp metals raining down on the protesters from Endherimaage.

The protest quickly turned violent after the boy was rushed to Indira Gandhi Memorial Hospital (IGMH) by MDP MPs on a passing pickup near Athena cinema. MDP activists threw rocks at Endherimaage, smashed a window and attacked Gayoom supporters blocking the entrance.

Speaking at the MDP Haruge Friday night, former Chairwoman Mariya Ahmed Didi, who was in the front line of the protest march, said the wooden plank that injured the boy was with the police.

“They still haven’t apologised to the people for this,” she said. “This happened in broad daylight from that house [Endherimaage].”

Meanwhile, MDP MP Mohamed Musthafa called on Home Minister Hassan Afeef to resign from his post claiming the Home Ministry and law enforcement agencies were “failed institutions.”

“A wooden door was dropped from the building where former President was living, and Gassam Maumoon was summoned to the police headquarters and was allowed to walk away freely,” Musthafa said. “Letting him get away with it has showed us that the police and the Home Ministry has failed.”

Musthafa, who beat the former President’s son to win the Thimarafushi seat in a re-vote ordered by the High Court, alleged that Gassan was arrested in the UK for a hit-and-run accident where a British citizen died.

“There should be no protection or immunities for any son or daughter of former president because all of them are above 18,” Musthafa said. “Hassan Afeef was afraid of former President, he fears that he might lose his job or something.”

After Musthafa circulated a text message to MPs and Police Commissioner calling for Afeef’s “immediate resignation,”  he said Afeef later sent him a text saying “get lost.”

Afeef told Minivan News today that did not wish to comment on the issue.

Meanwhile, local daily Haveeru reports that according to the former President’s lawyer Mohamed Waheed Ibrahim ‘Wadde’, Gassan has been sent a summons chit to appear at the police headquarters at 10:00am tomorrow for further questioning.

Waheed claimed the wooden plank that injured the 17-year-old was thrown by an MDP protester.

After responding to the first summons, Gassan Maumoon told reporters outside police headquarters Saturday afternoon that he exercised the right to remain silent after “it appeared from some of their questions that they were accusing me.”

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Opposition parties condemn “dangerous” MDP protest against judiciary

Opposition parties have strongly condemned a protest launched by the ruling Maldivian Democratic Party (MDP) against the judiciary and Supreme Court last week, warning of “dangerous” consequences for the nation.

At a press conference today, Dhivehi Rayyithunge Party (DRP) Deputy Leader Ibrahim ‘Mavota’ Shareef argued that with its campaign against the judiciary the ruling party was risking the Maldives becoming “a failed state.”

“We are starting to see in our country scenes similar to what we saw in countries like Rwanda and Uganda which became failed states, plunged into unrest and bloodshed,” he said.

If judges were accused of misconduct or corruption, said Shareef, complaints could be filed at the Judicial Service Commission (JSC), the oversight body for the judiciary.

“Trying to undermine the eminence and dignity of the whole judiciary cannot be seen as efforts to reform judges and put the courts back on the right track,” he contended.

The courts, police and Prosecutor General must take “legal action” against those who undermine the judiciary’s honour and prestige, Shareef said.

The DRP was “very concerned” with fears that the “whole system of justice in this country could fail,” he added.

Following the MDP’s national council approving a resolution to protest against the judiciary, DRP put out a joint press statement with its coalition partner Dhivehi Qaumee Party (DQP) condemning the planned protest as an attempt to “influence the judiciary, intimidate judges and bring the courts into disrepute.”

In response to the MDP protest, the newly-formed Progressive Party of Maldives (PPM) led by former President Maumoon Abdul Gayoom organised a demonstration at artificial beach Friday night to protest the MDP’s “intimidation of judges” and vowed to defend the judiciary.

The religiously conservative Adhaalath Party meanwhile issued a press statement yesterday characterising the MDP protest as “a dangerous warning from the MDP to Maldivian citizens who are against its ideology.”

Adhaalath claimed that the “true purpose” of the MDP’s campaign was to “nullify Islamic shariah, introduce common law to the country and bring foreign judges into the Maldivian judiciary.”

Adhaalath also accused the ruling party of using “bribery, undue influence and intimidation” to threaten separation of powers and “bring all the powers of the state into the President’s fist.”

Echoing a criticism made by other opposition parties, Adhaalath criticised police for failing to protect the former President’s residence. “This shows that the police as an institution is shackled by political influences,” the party said.

“Seven idiots”

In its statement, the Adhaalath Party called on the Supreme Court to take action against the President’s advisor Ibrahim ‘Ibra’ Ismail for saying at an MDP rally Friday night that the judiciary should be freed from “seven idiots” on the apex court.

Ibra recently filed a defamation case against the Supreme Court after it reprimanded him for calling on the public to “rise up and sort out the judges”.

In response to Ibra’s calls, the Supreme Court and the JSC demanded authorities investigate the former Male’ MP and chairman of the Special Majlis’ constitution drafting committee, claiming that “making such statements in a free, democratic society under lawful governance goes against the principles of civilisation.”

The Supreme Court subsequently issued a writ of prohibition and took over the case against it from the Civil Court, as a result of which, said Ibra, “I now have to go before the Supreme Court and say to them, ‘You have defamed me, now please decide in my favour.'”

Speaking at MDP Haruge on Friday night, Presidential Commission Spokesperson Abdulla Haseen noted that judges were not independent under the former government and had to follow instructions from the President or the Justice Minister on how to issue verdicts.

A majority of judges on the bench today were appointed by the former President and lacked educational qualifications to enforce the new constitution, he argued.

Haseen said the Presidential Commission was reluctant to send cases for prosecution as a number of cases against opposition MPs remained stalled at the Criminal Court for over two years.

MDP MP Mohamed Nazim said the party was powerless to prevent the contentious reappointment of judges without a parliamentary majority.

In August 2010, the JSC reappointed 160 of the judges appointed by the former government, despite a quarter of the bench possessing criminal records and many others with only primary school level education.

The Supreme Court meanwhile sent the President a letter claiming it had ruled itself tenure for life.

“The only thing we were able to do was [include a provision in the Judges Act] stating that lower court judges must obtain a diploma in seven years,” Nazim said.

Nazim accused the courts of partisan behaviour when it summoned Independent MP Ismail Abdul Hameed to court 45 minutes before a crucial vote on the Goods and Services Tax (GST) legislation. Hameed was found guilty of abuse of authority in his position as former director at the Male’ municipality and sentenced to one year’s banishment.

In his remarks, former Attorney General Dr Ahmed Ali Sawad observed that political parties neglected the development and modernisation of the judiciary during the reform movement that led to the adoption of a liberal constitution and multi-party democracy.

Criticism and civic action was necessary because of the current state of the judiciary and lack of public confidence in the institution, Sawad said, adding that criminalising persons who criticise the judiciary was contrary to “principles of democracy.”

The public should be able to criticise and comment upon court verdicts, individual judges and perceived failings of the judiciary, he insisted.

In May this year, the JSC abolished its Complaints Committee citing “efficiency”, with complaints against judges subsequently forwarded for review by the legal section and Commission Chair Adam Mohamed, a Supreme Court Justice.

Last year the JSC received 143 complaints concerning the conduct of judges. By its own statistics none were tabled in the commission, and only five were ever replied to. Chair of the former complaints commission, Aishath Velezinee, was meanwhile stabbed in the street in January this year.

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Police summon Gassan Maumoon for questioning

Police summoned Gassan Maumoon, son of former President Maumoon Abdul Gayoom, for questioning today concerning disturbances outside his residence Endherimaage on Thursday during a protest by the ruling Maldivian Democratic Party (MDP).

A 17-year-old boy was struck on the head with a wooden plank allegedly thrown from Endherimaage while protesters led by MDP MPs, councillors and senior members were marching by the former President’s residence.

Police Sub-Inspector Ahmed Shiyam told Minivan News today that Gassan was among a number of people police were questioning regarding Thursday’s events.

Police were investigating complaints of damage caused to the former President’s property as well as the injury caused to the 17-year-old, Shiyam explained.

Police had received information that suggests the wooden plank that injured the 17-year-old was hurled or dropped from the building, he said.

However, said Shiyam, police could not divulge further details at this stage of the investigation.

Minivan News journalists at the scene on Thursday observed gravel, stones, hot water and sharp metals raining down on the protesters from Endherimaage. A number of reporters at the scene were also hit by the pouring gravel.

MDP protest October 20Several MDP activists claimed that the wooden plank was hurled from the second floor balcony of Endherimaage. After the victim was rushed to hospital by MPs on the front line of the march, MDP activists clashed with Gayoom supporters blocking the entrance to Endherimaage and threw stones at the building, smashing a window on the first floor.

MP Ali Waheed, who defected to the ruling party in May, told state broadcaster MNBC that the boy was behind MP Alhan Fahmy when the object struck him straight on the head.

The 17-year-old, identified as Hussein Hassan, was rushed to the Indira Gandhi Memorial Hospital (IGMH) by the MPs on a passing pick-up, he said.

Speaking to MNBC One outside IGMH, Waheed displayed blood stains on his shirt resulting from the head injury caused by the impact.

Other eyewitnesses who spoke to the state broadcaster corroborated the MPs’ account of the incident.

The brother of the injured boy told Minivan News Thursday night that according to doctors “his skull was damaged and parts of the skull have gone inside his brain.”

The boy underwent surgery to remove wood particles from his brain.

IGMH media coordinator confirmed today that the boy was conscious and his “condition is now stable.”

The spokesperson refuted media reports that the boy’s left side was paralyzed. “His left side is very weakened, but that is not paralysis,” she explained.

A family member outside the ICU told Minivan News that the family was certain the object that struck Hussein Hassan “came from above.”

“Everyone who was there said that that was how it happened,” he said.

Right to remain silent

Gassan Maumoon meanwhile told reporters outside police headquarters this afternoon that he exercised the right to remain silent after “it appeared from some of their questions that they were accusing me.”

Gassan was accompanied by the former President’s lawyer Mohamed Waheed Ibrahim ‘Wadde’ and former Attorney General Aishath Azima Shukoor.

The former President’s newly-formed Progressive Party of Maldives (PPM) held a protest at artificial beach last night in response to the ruling party’s “intimidation of judges.”

Hundreds of supporters participated in the protest, where they called for the resignation of Chief of Defence Forces Moosa Jaleel and Police Commissioner Ahmed Faseeh for failing to provide security to the former President.

Asked by MP Ilham Ahmed if they should march to the presidential residence Muleeage, the protesters unanimously supported the notion.

PPM Interim Council Member Umar Naseer – former deputy leader of the Dhivehi Rayyithunge Party – however announced around 10:45pm that the protest march was to be cancelled after police sent a summons to Gassan.

Meanwhile, after text messages were circulated on Friday claiming the PPM was preparing to attack and “smash Haruge [MDP camp],” a large number of ruling party supporters gathered at Haruge for a hastily arranged rally at 9pm last night.

Speakers at the rally, including Presidential Commission Spokesperson Abdulla Haseen, President’s Advisor Ibrahim ‘Ibra’ Ismail, MP Ahmed Easa and former Attorney General Dr Ahmed Ali Sawad, severely criticised the judiciary for lack of competence and integrity.

An egg was thrown into Haruge during Ibra’s speech.

In an interview with private broadcaster DhiTV shortly after Thursday’s protest turned violent, Gayoom claimed that damage was caused to his residence and adjoining houses in “a terrorist attack” orchestrated by the government.

“They came with their activists and attacked my home,” Gayoom said. “They attacked nearby houses as well.”

Moosa Jaleel and Ahmed Faseeh should “personally bear responsibility” for the damage to his residence because riot police were not present to intercede, the PPM figurehead said.

Appearing on private broadcaster VTV later that night, Gayoom said he would file criminal complaints with police, the Prosecutor General and pursue civil action against the protesters.

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Australian medics donate boards, advice in honor of Huraa victims

Two rescue boards have been donated by an Australian paremedic and shire council in memory of the four Hiriya students and their principal who drowned on a September 10 school fisheries science excursion.

The long boards were arranged by a Lotus Special Casualty Access Team paramedic in cooperation with the New South Wales Sutherland Shire council. A report from Australian publication The Leader indicates that the boards were flown into Male’ on Wednesday, October 20 to support safety management practices on local beaches.

Australia is known globally for its surfing culture. Attached to that reputation is a savvy sense for water rescue. Australia’s own Surfers’ Medical Association (SMA) reportedly flies doctors and paramedics to Maldive islands twice each year, providing health workshops and medical equipment.

When four female students and the principal of Hiriya school drowned while on a fisheries science snorkeling trip off of Huraa island, awareness of the lack of school safety procedures and equipment was raised at the local and government levels.

The students were snorkeling in waters used by for national defense training, which are known for having very strong currents.

Although police and MNDF forces were called immediately to the site of the incident, they were criticised for being unable to reach the island until long after the critical moments.

Instead, the bodies of ninth grade students Nash-ath Saeed, Mariyam Naza, Aishath Saniha, Mariyam Shaiha and principal Ali Nazim were brought to Male’ on a speedboat from nearby Four Season Kuda Hura resort.

SMA member Paul Featherstone told The Leader that Huraa island had no rescue boards at the time of the Hiriya drowning, and he hoped the donation would make a difference in the future.

The SMA team is expected to deliver water safety and education advice from Sutherland Shire beach operation manager Brad Whittacker, along with the long boards. Paramedic Harry Gatt added that a meeting with the education minister has been scheduled to discuss risk management procedures.

“We really need to help educate them about water safety,” Mr Gatt was quoted as saying. “The community is just devastated by what happened.”

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