March 22, 2011 – Minivan News

Failing to obey superior court’s decision violates constitution and Judges Act, Supreme Court warns Naeem

The Supreme Court has said that refusing to follow a decision made by a superior court violates the constitution and violates the Judges Act.

The Supreme Court’s statement comes after Civil Court Judge Mohamed Naeem said he would not accept cases concerning the state because the parliament had not then decided whether to give consent to reappointed Attorney General Dr Ahmed Ali Sawad.

Sawad has now been dismissed by the parliament for the second time, following his second reappointment by President Mohamed Nasheed.

The Supreme Court’s statement said that judges should at all times avoid any matters that could harm the reputation of the judiciary or cause people to lose confidence in the justice system.

The court also noted that it was against the code of conduct of the judges to disobey a decision made by a superior court.

The Judicial Service Commission (JSC) has formed a sub-committee to investigate judge Naeem after he told the press that he had decided not to accept cases concerning the state, despite the High Court’s decision to accept cases.

Judge Naeem revealed that the Civil Court judges were split on the issue, however the majority of the judges said they wanted to accept and conduct trials of cases concerning the state despite the fact that Dr Sawad’s appointment procedure was then not completed.

President’s Member of the JSC, Aishath Velezinee, has stated on her Article 285 blog that “Judge Naeem has been under investigation since the interim Commission, [for] nearly two years. No updates on the investigation [have been] tabled despite the legal requirement that a report must be submitted in writing every 30 days.”

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None of the 47 arrested were connected to murder case, says Criminal Court

The Criminal Court’s Chief Judge Abdulla Mohamed has said that none of 47 persons arrested by police and brought to the court for extension of detention following the gang murder of 21 year-old Ahusan Basheer were connected with the case.

”Nobody arrested was brought in connection to the murder case,” said the Chief Judge, after the string of arrests.

Police began a special operation in Male’ after the murder case, and reported that more than 50 persons were arrested.

”Police said those persons who were brought before the judges were persons were planning assaults,” Abdulla said. ”Some of them were released but most of them are still kept in detention.”

Police will need some time to investigate and collect evidence, he added.

Local media quoted the Chief Judge as saying ”while persons were arrested to that amount there were nobody presented with adequate evidence, in fact there were persons who cannot even be arrested [according to laws].”

Police Spokesperson Lance-Corporal Abdul Majeed Moosa told Minivan News that those arrested during the special operation was to curb the rise in gang related crimes in Male’.

”They were arrested on different charges, but now there are only a few kept in detention,” Majeed said. ”Police are currently investigating the murder case and it’s very difficult to say anything at this time.”

Ahusan Basheer was murdered on Thursday last week on one of the main roads of Male’.

After the murder, police claimed that Ibrahim Shahum was a suspect in the case and called on the public to report sightings of Shahum, who has disappeared after the murder incident.

Shahum was charged with murder but was recently released from detention after serving six months.

He was then arrested in connection with the death f a 17 year old boy who bled to death after he was stabbed while on his way to home after watching a football match.

Before the attack on Basheer, another gang attacked occurred in Henveiru, with a ganging stabbed three persons in front of crowds before fleeing, reportedly on a police officer’s private motorbike.

The incident took place on broad day light in front of many children, men and women.

Witnesses of the incident said that when the first group of police officers attended the scene, the two gangs were attacking each other, but said that the police officers waited util the gang finished their fight.

Only this week Maldivian Democratic Party MP Ibrahim Rasheed presented and withdrew an amendment to the Clemency Act to execute murderers if ruling was upheld by the Supreme Court.

Presenting the amendment, he said it was the only way to curb the rise in gang violence and referred to the recent incidents. He said people had been “chopped and sliced like fish” in the streets of Male’ during broad day light, but withdrew his amendment moments before the vote stating that we would re-submit it after the evidence bill, criminal procedure bill and bill on penal code were all enacted.

Recently a person found guilty of murder and issued a death penalty according to the penal code of the Maldives has now appealed the ruling at the High Court.

The last time the Maldives executed a person was in 1953 when a person named Hakim Didi was executed by firing squad after he was found guilty of attempting to murder by performing black Magic.

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MDP requests parliament dismiss Dr Afrasheem from JSC

The Maldivian Democratic Party (MDP) Parliamentary Group has sent a letter to the parliament requesting the removal of DRP MP Dr Afrasheem Ali from the Judicial Service Commission (JSC).

The letter was signed by the leader of MDP Parliamentary Group MP Moosa ‘Reeko’ Manik.

In the letter, Moosa alleged that Dr Afrasheem had violated Judicial Service Commission’s Act, Act number 10/2008 Section 20[a] and [b] which states that a meeting of the JSC could be held only if more than half of the total number of members were present and 20[b] which requires majority vote of present JSC members to make any decision.

Moosa referred to the incident where Dr Afrasheem allegedly phoned JSC member Fahmy Hassan also head of Civil Service Commission (CSC) to ask whether he was fine with Dr Afrasheem speaking in the Supreme Court on behalf of the JSC in the trial conducted after Criminal Court Judge filed a case against the JSC’s appointment of Judges to the High Court.

”Records of the JSC shows that Dr Afrasheem Ali has made that decision against the policy that the law state,” Moosa said in the letter. ”Although Article 164 of the constitution very clearly states that persons appointed to the JSC who is not a member of the parliament shall receive allowances and salary as decided by the parliament, records of the JSC shows that Dr Afrasheem Ali has been paid such allowances.”

Dr Afrasheem had played a role in the unlawful and unconstitutional activities the JSC had conducted, and he has been insincere in carrying out the responsibilities of the JSC, Moosa claimed.

”Therefore, [we] find Dr Afrasheem is not an appropriate person to represent the parliament in the JSC, [we] hereby present this complaint according to article 165 of the constitution and request his dismissal,” Moosa said in the letter.

Minivan News understands that parliament is currently conducting a closed door investigation of the JSC, however no information on the progress or outcome has been provided.

The International Commission of Jurists (ICJ) recently published a report on the JSC critical of the commission’s independence, among other observations. The JSC has not tabled the report.

Dr Afrasheem was not responding to calls at time of press. JSC interim Secretary General, Abdul Faththah, also the JSC’s legal representative, referred Minivan News to the JSC’s media spokesperson, Hassan Zaheen. Zaheen said the JSC had no comment on the matter, but noted that “the parliament decides which MP represents it on the commission.”

Faththah has previously told Minivan News that while there “should be quorum”, in time-sensitive matters such as court summons members sometimes had to make decisions outside formal meetings, with the approval of other members.

“This is not a matter so important to take a decision with the discussion of the members,” he said at the time.

JSC members had also previously decided who should attend court hearings, during a meeting of full attendance, he added, “[but] that day the Chair was not in Male’, so members decided instead that the Deputy [Afrasheem] should attend [court],” acknowledging that “they may not have had quorum that time.”

“These kind of things happen with things like court attendance issues, but no other decisions,” he said.

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New MIRA website launched

The Maldives Inland Revenue Authority (MIRA) launched its new website Friday with a section providing information on the newly-introduced tourism goods and services tax (TGST).

According to MIRA, the home page will feature an updated tax calender.

MIRA begins collecting taxes formerly paid to the Maldives Monetary Authority (MMA) next month.

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MDP proposes parliament dismiss Dr Afrasheem and MMA Governor

The Maldivian Democratic Party (MDP) has proposed dismissing main opposition Dhivehi Rayyithunge Party (DRP) MP Dr Afrasheem Ali from the Judicial Service Commission (JSC) and Fazeel Najeeb from his post as the Governor of Maldives Monetary Authority (MMA), reports SunFM.

MDP Parliamentary Group Leader “Reeko” Moosa Manik claimed that the pair had failed to carry out their held responsibilities.

The station quoted Moosa as saying that judges have been obstructed from conducting their work because of Dr Afrasheem, a day after the opposition-majority parliament declined the approval of Attorney General Dr Ahmed Ali Sawad.

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Laamu Hithadhoo ‘Responsible Officer’ arrested on suspicion of arson

Responsible Officer Abdul Raheem Idris, the highest-ranking civil servant at the Laamu Hithadhoo island council, has been arrested on suspicion of arson following a recent spate of fires in the island, reports Haveeru.

According to Island Councillor Mohamed Hussein, police took Idrees into custody last Saturday after a number of palm trees were set on fire.

The Councillor explained that police evidently had reason to believe that Idrees was behind the acts of arson.

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Adhaalath urges Maldivians to provide assistance for Japan

The Adhaalath Party has called on all the Maldivians to provide assistance to Japan quake victims.

The Party said on its website that it was fully participating in the mourning for the Japanese dead, now thought to be over 18,000.

Many different community programs to raise funds for the quake victims in Japan were held in Male’ last weekend.

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DRP statement condemns opposition conduct on cabinet vote

A press statement reportedly sent from from the Dhivehi Rayyithunge Party (DRP) has criticised fellow opposition politicians for voting in favour of the government at the Majlis yesterday over cabinet appointees.

Miadhu reported that the party, currently gripped by internal struggles between supporters of current leader Ahmed Thasmeen Ali and his predecessor and former President Maumoon Abdul Gayoom, released a statement saying it was unhappy that four ministerial nominees were endorsed by the Majlis yesterday.

According to the statement, the endorsements came despite Thasmeen having decided to reject three of the ministerial appointments.

“We are disheartened that some of those who voted in favour of the government were those individuals who spoke from the first rows of the different podiums, different TV Channels, taking the government to account,” the DRP were reported as saying.

The statement also raised concerns that DRP politicians Ilham Ahmed and Ali Mohamed did not participate in the votes that, in certain cases, narrowly approved the new cabinet ministers.

Home Minister Hassan Afeef and Transport Minister Adhil Saleem were narrowly approved in spite of the DRP declaring that it would impose a three-line whip to reject the two nominees.

Afeef and Saleem were approved after a few independent MPs along with Dhivehi Qaumee Party (DQP) MP Riyaz Rasheed and Republican Party MP Gasim Ibrahim sided with the ruling Maldivian Democratic Party (MDP) – Saleem was approved with 39 votes in favour while Afeef received 37 votes from the 73 MPs present and voting.

However, MPs rejected the reappointment of Attorney General Dr Ahmed Ali Sawad for a second time. Dr Sawad received 36 votes in favour and 37 against from the 73 MPs in attendance.

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