Month: March 2010

High Court freezes accounts belonging to Adam Naseer

The High Court today ruled that Adam Naseer’s bank accounts would remain frozen until the appeal process launched by the Prosecutor General’s Office is complete.

Naseer was arrested on charges of drug trafficking in July 2009, and was acquitted by Judge Abdul Baary Yousuf on 28 February, who noted there was a lack of evidence against Naseer.

The government has previously identified Naseer as one the country’s top six drug dealers, and his acquittal has raised concern among many about the integrity of the judicial system.

The High Court’s decision to freeze Naseer’s accounts follows a decision yesterday by the Criminal Court ruling that police were to return the Rf6 million (US$467,000) in cash found in Naseer’s house when he was arrested.

Police Sub Inspector Ahmed Shiyam confirmed that the police had requested the High Court suspend the order to return the money to Naseer, and to freeze his bank accounts, until the appeal process from the PG’s office was complete.

Shiyam called the court’s speedy ruling “a success” and said the police “hope future cases will be treated in the same manner.”

President’s Office Press Secretary Mohamed Zuhair said “I don’t think [Naseer] is under arrest” but noted that he was unable to leave the country.

“Immigration has a black list of all individuals with pending judicial matters,” he said.

Shiyam confirmed Naseer was “at home” but not under house arrest.

High Court decision

Deputy Prosecutor General Hussein Shameem confirmed the PG’s office submitted an appeal to the High Court yesterday for Naseer’s bank accounts to remain frozen while the appeal to his drug charges is in process.

Shameem explained that it was very important for Naseer’s money to remain frozen through the appeal process because “if he gets a hold of it, he could send it abroad or launder it.”

Under the Narcotics Law, any money obtained through illegal activities “shall be confiscated by the state.”

“We have asked the court to confiscate the money in case he is later convicted,” Shameem added.

Shameem said he thought the High Court’s ruling to freeze Naseer’s assets was “a good decision” but the noted that the case would not yet be heard in the High Court.

“They will send a summon in time. We still have to wait,” he said.

Shameem noted that the case cannot be heard at the High Court until the Criminal Court sends a formal report on the original ruling, which includes the documents that were submitted and the witness statement.

“We are still waiting on the full report from the Criminal Court, hopefully [we will get it] by the end of this week” he said. “We still need to get things started.”

Shiyam suggested “there are more charges to come” in the Naseer case,  although he would not comment on whether there will be new evidence submitted in the High Court’s hearing.

Judicial reform

There has been much public outcry about the performance of the judicial system, sparked by Adam Naseer’s acquittal.

Even President Mohamed Nasheed said at a Maldivian Democratic Party (MDP) rally on Sunday 28 February, “When there’s Rf5 million in a bag underneath the bed and the judge doesn’t think it raises any kind of doubt, I wonder how they perform their duties as a judge.”

A source familiar with the judicial reform process said the judge’s conduct needed to be “looked into”.

The source noted that 75 per cent of the country’s judges had not finished primary-level education, and had simply acquired a ‘judge’s certificate’ or been appointed by the previous regime. Historically, “a few people” instructed the judges on the law “and verdicts”.

Secretary General at the Judiciary Service Commission (JSC), Muna Mohamed, meanwhile confirmed that only 35 out of 202 judges have a degree in law, and only one has a diploma in Shari’a law. The remaining 166 have local trainee certificates.

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President establishes Maldives Marketing and Public Relations Corporation

President Mohamed Nasheed has established a company called the Maldives Marketing and Public Relations Corporation, which will coordinate the marketing and advertising activities of the government.

Nasheed said this was in line with the government’s policy to have similar tasks conducted by a single office, rather than risk duplicating the workload.

The MMPRC will function as a limited government company with one hundred percent government shares.

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Alhan says DRP win in provinces would be “a disaster”

MDP MP Alhan Fahmy has said if his former party the DRP win the provinical elections, it would be a “disaster”.

Miadhu reported Fahmy’s claims at an MDP rally in Kolamafushi that such a win would represent a “major economic and political setback for the country”.

He accused DRP of trying to block the implementation of the MDP manifesto at the provincial level for political reasons.

Fahmy joined MDP last month after he was suspended from the DRP for voting against the party line in a no-confidence motion against Foreign Minister Dr Ahmed Shaheed. His decision to switch parties was met with glee by the MDP, and was viewed as betrayal by sectors of the DRP.

Alhaan said at Kolamafushi that he was proud to join the MDP and “believed in the vision which President Nasheed has for the country.”

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Arabiyya School to continue in MES building

Parents of Arabiyya School have decided to continue lessons inside the Male’ English School (MES) building.

The school was closed last week when a wall collapsed during a class, and the education ministry made the decision to rebuild it following reports of structural weaknesses in the building.

Principal of Arabiyya School Mohamed Rasheed Ibrahim Rasheed said the education ministry gave the school two options for a new location.

”The education ministry told us to decide to continue in either the Ameer Ahmed School building or the MES building,” Rasheed said.

Rasheed said almost all the parents agreed to choose the MES building.

He said the school would be covering the lost lessons by making part of Saturday a school day for Arabiyya students.

”Students in grade 1-6 wil lbe studying in the afternoon session and grade 7-12 students will study in the morning sessions,” he said.

He noted that ”the education ministry had said that they will finish the reconstruction of the Arabiyya building within one and a half years.”

Head of the Schools Department of the Education Ministry Shifa Mohamed said hopefully next Sunday Arabiyya students would start their studies in the MES building.

”We will start demolishing Arabiyya School as soon as we get the money for it,” she said.

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Jail officers helping inmates bring in “drugs, phones”

Several jail officers are being investigated on suspicion of helping inmates to bring mobile phones and drugs into cells in Male’ prison, according to State Minister for Home Affairs Ahmed Adil.

“Three inmates and several jail officers we suspect [to be involved] have been moved to Dhoonidhu [prison] for investigation,” Adil said.

Inmates in Male’ Prison last week damaged their cells after jail officers seized mobile phones and other contraband. Adil said the trouble started after inmates refused to hand over a mobile phone.

”Jail officers found a mobile phone inside a cell, and they checked other cells,” Adil said. ”Officers then discovered drugs in another cell.”

Adil said that after the officers took the mobile phone inmates started to protest.

”They broke the flush tanks in the toilet and damaged other jail property,” he said, adding that the inmates were eventually controlled with the help of police.

He refuted a report published in Haveeru that claimed the protest was started after a “delay in financial transactions between a family and the Department of Penitentiary and Rehabilitation Service (DPRS)”.

Police sub Inspector Ahmed Shiyam said the DPRS requested help from police to control the inmates during the incident.

Nobody was injured during the riot, he noted.

Director of the DRPS Saudh Abdul Kareem meanwhile refused to comment on the incident, claiming that Minivan News “causes me trouble by always disturbing me to clarify cases.”

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UNDP briefs media on decentralisation bill

The UNDP and the Ministry of Home Affairs held a press conference today at the UN building in Malé to discuss the government’s proposed decentralisation bill.

Opposition to the bill resulted in a bitter parliamentary stand-off between the MDP and DRP during parliament’s final sittings last year. This culminated in protests outside parliament between the two parties on 30 December.

Speaking at the conference today was Jens Peter Christensen, senior advisor in local government in his home country of Denmark.

Christensen started his presentation by saying that “Denmark is a good example of decentralisation—probably the most decentralised country in the world.” He said it provides a clear view on “transparency and participation” of government entities and civil society.

The slow process of decentralisation

Christensen stated that decentralisation is “the most difficult public sector reform you can make,” adding that “a lot can go wrong,” but it’s a “part of modern nation-building.”

He said the process of decentralisation is “time-consuming” and mentioned that in Denmark it has taken about 25 years for the decentralisation of government to take full effect.

In other countries, like Bhutan, the process of government decentralisation began in the early 1980s. They held their first local government elections in 2002, and have continued to hold them every three years.

Bhutan “faces some of the same challenges [as the Maldives] in dealing with remote communities,” said Christensen, and added that the Maldives could learn from Bhutan in the “cooperation between government and international donors supporting decentralisation.”

Cooperation between local government and the community

Christensen said one of the main benefits of decentralisation is “empowering local governments” and “build[ing] on the resources that are available” to each island, atoll or province.

He listed a local government’s basic functions as being primary education, health services (including care of the elderly), waste management, social welfare, public utilities, local infrastructure and promoting local economic development.

Christensen said “in developing countries [there is] usually a very weak local government,” which is why Civil Society Organisations (CSOs) and the media have “a very important role in government reform”.

“This was particularly true when dealing with transparency in the government, and acting as a ‘watch-dog’ to make sure the momentum of the reform doesn’t die down. The media have a big responsibility to the community.”

Expanding on the media’s role in a situation where the government is undergoing a major reform, Christensen said they must be aware of distributing information fairly to the public, and must look for adverse consequences.

“There will always be resistance to reform; not everybody will be in favour.”

To combat resistance and the inevitable challenges, Christensen suggested finding “a common vision” and “exploring synergies” between local government and the community.

Participation needs to be facilitated, he said, so the community isn’t left out and the government knows what is needed the most.

Reform within the reform

One of the reasons decentralisation has worked so favourably in Denmark has been its ‘Access to Information’ laws.

“You cannot expect people to become involved in government if they don’t have access to information,” says Christensen, adding that it is mandatory for every local government in Denmark to have a webpage where they publish any information concerning the government and the community.

Each local government in Denmark also has a “press officer to specifically talk to the media” and holds “regular meetings with journalists” to discuss public issues.

There is a proposed new rights to information bill in the government’s decentralisation plan, which would include similar reforms in ministries (ie having one specifically trained media officer for each ministry and local government).

Issues with proposed decentralisation bill

The main issue Christensen found with the Maldives’ decentralisation bill was there was no costing information submitted to parliament.

“What will it cost to implement [this bill]?” he asked, noting that in some situations, the task proposed can be too much for the country’s economy to undertake.

“Funding is always an issue, and lack of capacity is sometimes used as an excuse not to decentralise.”

He also warned that the proposed availability for local governments to take out loans could create big debt, and was something that needed to be watched carefully.

A word from the Ministry of Home Affairs

From the Ministry of Home Affairs, Mohamed Shareef said he had done some costing earlier, but still found that “there won’t be sufficient funds for everyone,” since “not all local councils will be able to raise their own revenue immediately.”

He also said that under the new reform, with each of the twenty atolls having at least two constituent seats in government, “the power is with the people”.

Shareef also said there will be an independent commission for the local governments, to establish a platform of communication between central and local governments. This was also one of Christensen’s main concerns regarding the decentralisation plan.

Christensen has worked extensively in policy formulation, planning and capacity development for central and local governments, and has worked with NGOs, including the UNDP.

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Money laundering: police discover $400,000 in washing machine

Police have seized US$398,500 in forged dollars after raiding Mahchangolhi Fortune at 6:00pm yesterday.

Chief Inspector of police Mohamed Jamsheed said Ibrahim Khaleel of Lhaimagu in Shaviyani Atoll was arrested in connection with the case.

Jamsheed discovered hidden inside a washing machine in the rented apartment.

”We are checking to see whether this money has been circulated anywhere,” he said.

He noted that the forged bills had two serial numbers repeated on all the notes.

Deputy Minister of Economic Development, Ahmed Inaz said the printing of forged dollar notes did not harm the country’s economic condition “as the central bank and other banks will not accept any form of money without verifying it.”

Inaz said the people who used the black market would be more concerned about the printing of forged notes.

Such incidents of forgery were not being sparked by the current dollar shortage, he explained.

”Thieves will steal any time,” he said, adding that ”the country’s economic condition is now getting better.”

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Malaysia Airlines withdraws lawsuit following out-of-court settlement

Malaysia Airlines has withdrawn a long-running US$35.5 million lawsuit against Air Maldives in the Malaysian High Court, after the Maldivian government withdrew a US$90 million counter-claim in the Singapore International Arbitration Centre.

Malaysia’s national news agency Bernama reported that an out-of-court settlement had been reached between the two parties after discussions on 14 February. The Maldivian cabinet held a meeting to discuss such a settlement in late December.

According to Bernama, the agreement was reached after “intense negotiations” between Malaysian Airline Systems (MAS) executives Dr Mohd Amin Khan (General Manager of Network and Revenue) and Dr Wafi Nazrin Abdul Hamid (General Manager of Corporate and Legal Services), and State Finance Minister Ahmed Assad and Attorney General Husnu Suood representing the Maldives.

Last week Suood told parliament that the Air Maldives case presented “legal challenges” and there was little documentation in favour of Air Maldives.

Neither Assad nor Suood were responding to enquiries at time of press.

Failed airline

Air Maldives went international in 1994 in a joint venture between Maldivian government and Naluri (then Malaysian Helicopter Services Berhad), a holding company owned by the chairman of Malaysia Airlines, Tan Sri Tajudin Ramli.

Naluri paid $8 million for a 49 per cent stake in the national carrier, according to a report by Alkman Granitsas in the Far Eastern Economic Review. The plan was to run short-haul flights connecting the Maldives to major regional hubs, including Colombo, Trivandrum and Kuala Lumpur.

But despite a burgeoning tourism industry the airline met an inglorious fate in 2000, spiralling into bankruptcy amid ambitious expansion into long-haul routes and allegations of mismanagement under the directorship of Anbaree Abdul Satter, also the controversial head of the National Security Service (NSS).

Initally a short-haul carrier, the airline leased three aircraft and started running long-haul routes, including Gatwick, and quickly found itself facing losses somewhere between US$50 to US$70 million. Granitsas noted at the time that the airline’s collapse in April 2000 met with little comment from the Maldives government or media, and suggested that the resultant plunge in business confidence led to a run on the rufiyaa and a dollar shortage that crippled the economy.

He quoted Husnu Suood, then a lawyer representing Airbus, as saying “the current economic crisis can be party attributed to the collapse of Air Maldives.”

A former member of the Air Maldives cabin crew told Minivan News that news of the company’s collapse was dropped “very suddenly”.

“I was on board the last flight between Male’ and Dubai when we were told,” she said. “We landed in Dubai at 8:30pm carrying a load of Hajj pilgrims from Colombo, and somebody came on board to tell us to stop any flights.  We were flown back [to Male’] and two sets of crew in Dubai were recalled.”

She added that while there had been rumours that the company was facing financial difficulty, “we’d started picking up really full flights to London Gatwick and were already planning the roster for Charles de Gaulle in Paris and Johannesburg South Africa.”

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DRP will increase membership to 40,000, says Thasmeen

The DRP will seek to increase its membership to 40,000 within two months, the party’s president Ahmed Thasmeen Ali told a meeting on the island of Dharavandhoo in Baa Atoll.

The ruling MDP party recently announced it had more members that the opposition DRP and was now the largest party in the country with 30,775 members. The announcement came after a prolonged membership drive particularly in the islands and atolls. DRP is now expected to do the same.

Both parties have said they have membership forms pending with the Elections Commission.

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