Judge Naeem promoted to Chief Judge of the Juvenile Court

Former Civil Court Judge Mohamed Naeem who was transferred to the Juvenile Court last week as a punishment for disobeying Superior Court, has been promoted to Chief Judge of the Juvenile Court.

The Judicial Service Commission (JSC) said that the commission decided to appoint Naeem as the Chief Judge of the Juvenile Court during a commission’s meeting held yesterday.

”The decision was made since the Chief Judge of the Juvenile Court has been appointed to the High Court bench, and to keep the court functioning,” the JSC said in its website.

It also said the other judge at the Juvenile Court was currently on a scholarship.

The decision to transfer Naeem to the Juvenile Court was made during a meeting of the JSC held last Thursday.

‘’The commission decided to do so as an action taken against Judge Mohamed Naeem for he has refused to conduct trials of cases concerning the state, before the parliament gives consent to the [then] Attorney General [Dr Ahmed Ali Sawad],’’ JSC then said in a statement.

The JSC said that the case was investigated by the sub-committee formed to recommend disciplinary measures against judges.

The investigation of Naeem came after he reportedly declaring during the first hearing of a case filed against the state that he would not hear cases involving the state before parliament approved the reappointment of former Attorney General Dr Ahmed Ali Sawad.

Naeem’s decision was in defiance of precedent set by both a majority of Civil Court judges as well as the High Court, which had ruled that such cases could be heard before the AG received parliamentary consent.

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Judges legitimised JSC’s actions with their silence

Is the law community finally getting ready to stand up to the JSC?

On Saturday night, as Earth Hour plunged the world into darkness, the Judicial Service Commission (JSC) quietly went about swearing in its controversial five new High Court appointments.

The ceremony, held at the JSC premises in the former Presidential Palace, marks the second time in less than a year that the JSC has sworn in judges under circumstances that are legally dubious and highly challenging for democratic consolidation.

The first occasion was in August 2010 when the JSC disregarded Article 285 of the Constitution relating to the educational and other qualifications of the bench and arranged for close to 200 judges to re-take their oaths, regardless of their professional or ethical qualifications.

160 of the judges had been originally appointed by the previous regime, and over a quarter of them possessed criminal records. Many more failed to meet the required educational qualifications by a long shot, having only attended  primary school – an establishment that is yet to be known as a bastion of legal education.

Although the JSC had then decided to treat Article 285 as nothing more than ‘symbolic’, its Annual Report 2010 published this month lists a total of 191 judges as having been sworn in last year ‘under Article 285 (c)’.

The implication is clear, and clearly false – the judges were reappointed to fulfil the stipulations of Article 285.

According to the JSC – except for President’s Member Aishath Velezinee who launched an emotive appeal against the procedure as the judges prepared to re-take their oaths – such a ceremony adequately met the constitution’s ‘symbolic’ requirement for judicial reform.

None of the sitting judges, nor any other member of the law community, mounted any significant objections to JSC’s dismissal of the Constitution as ‘symbolic’ and proceeded to re-take their oaths, implicitly legitimising JSC’s approach.

JSC’s ‘winning’ streak

Until now, this initial tacit complicity of the law community in the JSC’s actions had remained largely unchanged as lawyers and judges all appeared to turn the other cheek as the number of allegations of unconstitutional policies and activities in the JSC continued to mount.

Indeed, none of the cases brought against the JSC have so far been successful. This state of affairs is even more remarkable when it is taken into account the JSC’s ‘wins’ have been due to technicalities rather than reasoned argument or skilled interpretations of the law.

In January last, for instance, the Civil Court threw out a lawsuit brought against the JSC by Treasure Island Limited, which alleged that the Commission had been deliberately negligent in its constitutional duty to investigate all complaints of judicial misconduct.

Despite an admission by the JSC during the hearings that it did not have a standardised procedure for dealing with complaints – or anything else for that matter – the Civil Court threw out the case when the plaintiff was late for what was to be the penultimate hearing.

The dismissal meant that the JSC’s complaints procedure – or lack thereof – eluded legal and public scrutiny despite clear indications that such an examination was necessary in light of JSC’s methods for dealing with complaints, which were at best ad hoc by its own admission.

Last Thursday, it was on almost exactly the same grounds that the Supreme Court dismissed Criminal Court Judge Abdul Bari Yousuf’s lawsuit against the JSC alleging that the policy adopted by the JSC to select candidates for the high Court bench was discriminatory and therefore unconstitutional.

Judge Abdul Bari, the Supreme Court ruled on Thursday, had violated court regulations by taking leave without giving prior notice to the court as is required of all claimants in an ongoing case. On these grounds the case was thrown out.

The Supreme Court’s decision to dismiss the case becomes all the more confounding when seen in light of the force and speed with which it moved to acquire the files from the Civil Court where Judge Bari first lodged it.

Citing ‘public interest’, and the magnitude of its importance to the Constitution, the Supreme Court on 21 January used an unprecedented Writ of Prohibition to force the Civil Court to hand over the case files.

Shortly after, the Supreme Court ruled that given the gravity of the matter, only the Supreme Court had jurisdiction over the case. The Civil Court, it said, did not have the authority to decide constitutional matters or matters relating to a higher court.

No need for a lawyer

After two sittings, in which JSC member Dr Afraasheem Ali – appointed as JSC’s representative to the Supreme Court after some frantic self-lobbying over the ‘big telephone in the JSC’ – denied all wrongdoing, the Supreme Court threw out the case.

Despite having been officially made aware of a leaked audio which provides evidence of the unorthodox – if not illegal – methods by which Dr Afraasheem managed to confirm himself as the JSC’s legal representative, the Supreme Court did not raise any objections to his new role as ‘defence counsel’.

Although the JSC is composed overwhelmingly of judges or other legal professionals Dr Afraasheem is not one of them. In fact, despite the growing number of lawsuits against it, the JSC is yet to hire a professional lawyer – hence the need for members to moonlight as defence counsel, qualified or not.

As it turned out, not much training or skills were called for as the Supreme Court threw out the case on 24 March without addressing the issues that the Court itself had deemed as highly important.

The Supreme Court decision, delivered after 4:00pm on Thursday, freed the JSC to swear in its new appointees. It did not waste any time, quickly arranging for the ceremony to take place not much more than 24 hours later.

Although Supreme Court regulations provide a seven-day period in which a claimant can appeal a ruling, JSC’s expedited oath-taking ceremony effectively pre-empted any such action by Judge Bari.

The Supreme Court’s decision to dismiss the case also means that the concerns raised by Family Court Chief Judge Hassan Saeed alleging similar violations of the Constitution by the JSC in its High Court appointments were not addressed either.

By the time he lodged his case, also at the Civil Court, the Supreme Court had ruled that only it had jurisdiction over the matter. His case, too, was then transferred to the higher court to be heard with Judge Abdul Bari’s case.

Personal interest versus public interest

Unlike the oath-taking ceremony in August last year, there appears to be less appetite among members of the judiciary to swallow whole the JSC’s interpretation of the Constitution this time around.

Back then none of the judges stood to make a personal loss in re-taking the oath. The negative impact of such an action would have been, and has been, on the public’s faith in the independence of the judiciary.

In the current dispute, however, the JSC’s appointment criteria as well as the Supreme Court’s dismissal of any alleged wrongdoing on the part of the JSC have cost the appellants – and other unsuccessful candidates – a seat on the High Court bench.

The personal cost appears to have galvanised the law community into action in ways that the JSC’s dismissal of the Constitution in August 2010 did not.

Judge Hassan Saeed, for instance, wrote to President Nasheed on Saturday, asking him to apply the powers vested in the executive by Article 115 of the Constitution, which accords the president both the right and the duty to intervene in furtherance of the rule of law.

Judge Hassan Saeed’s appeal to President Nasheed to use his executive powers to bring the JSC in line marks not only a potential turning point in the law community’s attitude towards the JSC and the role of the courts in supporting it; it also signals a u-turn in the judiciary’s perception of the executive’s relationship with the judiciary.

When President Nasheed criticised the JSC in June 2010, when it first decided to disregard Article 285 of the constitution, the Judges Association of Maldives (JAM) was scathing in its response.

In a press release, JAM described President Nasheed’s condemnations of the JSC’s actions at the time as ‘disrespectful towards the honour and dignity of judges’, and said his criticisms were indicative of the ‘negative view he holds of the judiciary’.

The Judges Association also accused the president of attempting to unduly influence the JSC, which it said, would ‘render separation of powers obsolete’.

It is not known yet whether President Nasheed has responded to Judge Hassan Saeed’s letter, a copy of which Minivan News has obtained.

If the president does heed the call to intervene in the matter, the law community’s reaction would tell whether or not it has arrived at a point where it is willing to stand up to threats to judicial independence – perceived or real.

As Pakistan’s law community demonstrated in 2007, the strongest ability to establish and protect the independence of the judiciary lies within itself and not outside of it.

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Shahum attempted to attack officers with a machete, claim police

Police Inspector Abdulla Nawaz of the Serious and Organised Crime Department has claimed that Ibrahim Shahum, arrested in connection with the recent murder of 21 year-old Ahusan Basheer, was planning to attack officers with a machete when he was found hiding inside some bushes on an uninhabited island.

Police began searching for Shahum after Basheer was stabbed to death on Alikileygefaanu Magu in Male’, one of the capital’s main roads.

”It is believed that he was attempting to attack police officers with the machete,” Nawaz said, of Shahum’s arrest. ”He was arrested with three other persons including an under-aged boy, all of them are suspected to be involved in the murder case.”

He added that police believed Shahum was had led the attack on Basheer, and identified his suspected accomplices as Athif Rasheed and Mohamed Visham.

”There is a reason why they attacked Basheer, but we can’t divulge the information as it might obstruct the investigation,” he said. ”We are also trying to determine whether they had any connection with the owner of the uninhabited island.”

The murder case came not after a week Shahum was released by the Criminal Court citing lack of cooperation from the Health Ministry in providing certain documents.

Shahum was kept in detention six months following the investigation of another murder case involving a 17 year-old boy who bled to death after being stabbed.

On March 17, a group of men stabbed a 21 year-old man to death near NC Park in the Galolhu district of Male’.

Police said the incident occurred around 3:30am in the morning in Alikileyegfaanu Magu.

”He was stabbed four times in the back and three times in the chest,” police then said in a statement.

After the attack to curb the violence in Male’ police commenced special operations and arrested more than 50 persons who were arrested on charges of planning assaults, which most of them were arrested without any probable grounds to arrest or keep in detention according to the Criminal Court.

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MJA reelects office bearers unopposed

The Maldives Journalist Association (MJA) has re-elected Editor of SunFM Online, Ahmed Hiriga Zahir, as the organisation’s President.

Ali Shamaan from the Maldives Broadcasting Corporation was elected Vice President.

Other members include Administrative Secretary Adam Haleem (Deputy Editor Sun Online), Budget Secretary Midhhath Adam (Editor Dhi-TV), and General Members Ali Yusuf (Haveeru Daily) and Hussain Hassan (SunOnline).

In a statement the MJA said that office bearers were appointed without an elections process as no other names were submitted, apart from for the General Member position.

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Staff threw stones at intruder and left him in the water to drown, alleges Baros staff member

A staff member at Baros Island Resort has claimed to have witnessed three staff members throwing stones at one of the four men who invaded the resort wearing balaclavas last Wednesday, as the intruder was standing on the jetty.

The body of 20 year-old Ali ‘Immortal’ Shafiu was later was later discovered floating dead in the lagoon. Staff restrained another of the intruders, while two others were found and arrested by police.

Friends of the deceased who were present at Indira Gandi Memorial Hospital (IGMH) when his body was brought to the hospital claimed to have seen wounds on left hand and left side of his chest, and a wound on his head one and a half inches deep.

Shafiu’s family members later told local newspaper Haveeru that they had seen wounds on different parts of the body, however police would not confirm the injuries claiming the investigation was ongoing.

“That day early in the morning my colleagues came and shook me awake saying thieves had invaded the resort,’’ the staff member told Minivan News, on condition of anonymity.

‘’I ran to the jetty and saw staff throwing stones at a person waiting at the end of the jetty. I saw him falling into the water, I think he was knocked unconscious and fell,’’ the staff member said.

“His body was in the water – it had no movement at all, I was worried and told them to pick him up.”

Staff did not retrieve the body and the body was left in the water for more than 30 minutes, the source said.

‘’His body was floating on the water like a log. Someone who had not seen the body falling would think that it was a log. There was no movement at all.’’

The staff member said that police arrived on the island and took the body from the water.

“His body was as hard as rock when he was taken out of the water, and suddenly white foam came out from his mouth,’’ the staff member said. “The police then took the body for examinations.’’

The staff member said that later that day, before staff realised that they might be subjected to revenge attacks, many staff were claiming to have attacked Shafiu.

“They were not intending to kill him, but after they knew he was dead they rejoiced,’’ the staff member alleged. “But later the three staff who led the attack on Shafiu started receiving phone calls and threats that they would be sorry.’’

After they received these calls, those who claimed have hit Shafiu suddenly claimed to have not even touched him, the source alleged.

“Later I asked my colleagues who had found the intruders first. They said it was the security officers who saw the four of them, and they went and called the Maldivian staff members,’’ the staff member said.

At a press conference this afternoon, police that they were now investigating the cause of three wounds to Shafiu’s head.

Inspector Abdulla Nawaz also said that police have discovered the boat which was allegedly used by seven men – only four of whom landed on the island.

Weapons were also discovered inside the boat, Nawaz said, including swords and a harpoon gun.

”Police have now arrested the other three men, who include the captain of the boat,” he said.

Police said the four persons found in the resort had allegedly damaged the resort’s accounts department in a bid to to steal the safe inside.

”The safe contained US$50,000 at that time,” said Nawaz. ”We are investigating whether the seven men had any connections with a persons working in the resort.”

He also said that the body of Shafiu was ”apparently dead” when police took him out of the water.

”Police officers who attended the scene observed that there was no movement and the body was very hard,” Nawaz said.

General Manager of Baros Island Resort and Spa, Jonathan Blitz, was on his day off when Minivan News called the resort, however a senior staff member said the resort was unwilling to comment as the police investigation was ongoing.

“It was early in the morning and we are still not clear what happened,” he said, expressing concern that the original Minivan News article on the incident had been posted on the TripAdvisor website “and guests were commenting.”

Baros was the second Maldivian resort this year to suffer an attempted robbery by people from outside the island.

In Janurary, staff at Kihaadhuffaru in Baa Atoll were threatened by a group of masked men brandishing machetes and swords, who escaped in a dingy with the resort’s safe.

A receptionist was reportedly gagged with tape and restrained with a cable tie during the incident.

Sub-Inspector Ahmed Shiyam said at the time that he did not believe resorts would need to review existing security measures in light of the Kihaadhuffaru theft.

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Senior judges accuse Supreme Court of violating due process in High Court appointments dispute

Two senior judges have accused the Supreme Court of violating due process and rules of procedure by unfairly dismissing a case challenging the legitimacy of the Judicial Service Commission’s (JSC) selection and appointment of judges to the High Court.

Five judges were sworn in to the High Court bench by the JSC last night after the Supreme Court on Thursday dismissed a case filed by Criminal Court Judge Abdul Bari Yoosuf at the Civil Court claiming to show procedural and legal issues in the JSC vetting process. Bari’s case was later entered into by Family Court Chief Judge Hassan Saeed as a third party.

On January 20 – three days before the judges were due to be sworn in – the Civil Court issued a temporary staying order halting the appointments by the JSC pending a final ruling.

The Supreme Court however transferred the case from the lower court a day later and conducted two hearings before dismissing it without issuing a verdict on Thursday (March 24) after neither Bari nor Saeed reportedly appeared at court.

The Supreme Court had announced on January 21 that it was taking over the case as it involved “a matter of public interest”.

Judge Bari, who was himself among the candidates for the High Court, however insists that section 23 of the Supreme Court regulations – which requires claimants to inform the court prior to leaving the country or face dismissal of their case – does not apply to him as he had filed the case at the Civil Court.

The Criminal Court judge claims that he had also informed the senior registrar of the Supreme Court of his departure on a personal trip. In an apparent violation of standard procedure, chits were reportedly sent out to the involved parties two hours before Thursday’s hearing began.

Moreover, under section 75(c) of the Supreme Court regulations, the court must give a maximum period of seven days for the claimant to file the case again. However, the JSC – chaired by Supreme Court Justice Adam Mohamed Abdulla – decided to hold the swearing-in ceremony on Saturday night, effectively preempting Bari from filing the case again.

In a letter sent to President Mohamed Nasheed today, Chief Judge Hassan Saaed writes that “that the case was dismissed in violation of legal principles and procedures came as a shock to the judiciary.”

Saeed added that as a result of the incident, “the growing confidence that I and ordinary citizens had in the judiciary is lost,” urging the President to “stop this process continuing unlawfully.”

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Authorities in the dark over Interpol’s Maldivian terror hunt

Maldivian authorities say they have no knowledge of any investigations of its nationals by Interpol regarding possible  involvement in an alleged terrorist plot to attack players at the 2011 Cricket World Cup.

Sub-Inspector Ahmed Ali of the Maldives Police Service told Minivan News that it had been given no information on any Maldivian nationals wanted for allegedly planning attacks on the World Cup. The only arrest police have confirmed to have made of late that was linked to terrorism was the arrest of local man Iqbal Mohamed over alleged involvement in an attack on the capital in 2007.

Mohamed was himself yesterday released by the country’s Criminal Court. Chief Judge Abdulla Mohamed said the decision was made after an apparent “lack of information” supplied by police.

Today’s police comments were made as local paper Haveeru cited officials at Interpol, the international police organisation, as reportedly confirming that two Maldivian nationals suspected of involvement with Pakistani militant organisation Lashkar-e-Taiba (LET) were now wanted for planned attacks at the high-profile cricket tournament being held in Sri Lanka, India and Bangladesh.

The report came 24 hours after prominent regional media outlets such as the Times of India claimed that Iqbal Mohamed, who had been arrested by police earlier this month on charges relating to a homemade explosive device attack in Male’ in 2007, was suspected of being part of an alleged terror plot at the cricket World Cup. LeT was implicated in the 2008 attacks on Mumbai, India.

Haveeru said that Interpol representatives had confirmed that two unidentified Maldivian nationals were now wanted alongside four Pakistanis and an Afghan for alleged involvement in plans to strike the tournament; claims it has said were based on “reliable” information.

The report claimed that Interpol’s information had been based on the interrogation of several terror suspects it had arrested, which it was now using to collaborate with officials from South Asian nations like the Maldives over the matter.

Sub inspector Ali said that although the Maldives Police Force was a member of Interpol, it has not been collaborating over the alleged terror investigations of  Maldivian suspects or supplied with any information on the matter.

“A Maldivian (Iqbal Mohamed) was arrested a few weeks back, but we don’t have any new information since then [about these terrorism reports],” he said.

Minister for Foreign Affairs Ahmed Naseem said allegations of Maldivian involvement in planning potential terrorist attacks during the 2011 World Cup was “old news” and that the Ministry had not been provided with details of any such investigations being carried out by Interpol.

“We really don’t have details about this.  It is a matter for the police,” the spokesperson added.

Representatives from both the Pakistan Foreign Office and Interpol had not responded to Minivan News before going to press.

Interpol has not yet revealed to the media the identities of the two Maldivian suspects it is reportedly hunting, yet Iqbal Mohamed was yesterday identified by the Times of India as a “terrorist” suspect arrested who had been on his way to the Maldives from Karachi with “criminal intent”.

According to the report, Indian police authorities have already issued a general alert ahead of the tournament’s final match scheduled for April 2 in the city of Mumbai, while Australia was said to have last week updated a travel advisory for its citizens calling for a “high degree of caution” for anyone in the region during the event.

Speaking to Minivan News on 15 March, Sub-Inspector Ahmed Shiyam confirmed that Iqbal Mohamed had been arrested on arrival at Male’ International Airport from Pakistan on 10 March, after regional authorities had alerted their Maldivian counterparts of his movements.

The arrest, according to Shiyam, was made in connection to an attack in Male’ in 2007, where a device built from components such as a gas cylinder, a washing machine motor and a mobile phone exploded injuring 12 tourists – several seriously.

Shiyam told Minivan News at the time that although Iqbal was believed to have been in Pakistan during the Male’ attack, he had been wanted by police for questioning as part of their ongoing investigations into the 2007 incident over an alleged role in the plan.

The sub inspector claimed that the Maldives Police Service had been waiting for the Prosecutor General to present a case against the suspect ahead of any potential trial in the Maldives and had not been aware of any motivation for his return to the country.

“We really don’t know why has had travelled back to the Maldives, but we have now arrested him.”

However, Iqbal was confirmed to have been released from custody yesterday by the Maldives’ Criminal Court after his arrest on March 10.

Iqbal was himself the subject of a red notice issued by Interpol, which was said to have drawn police attention after Interpol’s Major Events Support Team (IMEST) operating in Sri Lanka during the Cricket World Cup identified the suspect as he was travelling through the country back to the Maldives.

According to Interpol, red notices are a system used to keep the 188 nations that make up its members informed of arrest warrants issued by judicial authorities. Although the notices are not formal arrest warrants, the organisation said that they are used to identify individuals wanted for crimes under a national jurisdiction.

Following Iqbal’s arrest, Press Secretary for the President Mohamed Zuhair said that he did not believe the suspect’s return to the Maldives raised concerns about further potential attacks in the country.

He claimed that the country’s National Security Advisor had recently addressed the issue of religious fundamentalists after a request from the country’s Immigration Commissioner and found no additional concerns. Zuhair added that the advisor had concluded that there was not thought to be any terror cells operating within the Maldives and claimed there was no need to further heighten national security against such threats.

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Bangladeshi arrested for alleged rape attempt of 13 year-old girl

Police have arrested a Bangladeshi man who allegedly attempted to rape a 13 year-old girl in Eydhafushi, Baa Atoll.

Police Lance Corporal Abdul Majeed Moosa told Minivan News that police were called about the incident this morning at 2:30am.

”He was been arrested early this morning,” Moosa said. ”We can’t give more information as the investigation has not been concluded yet.”

The Bangladeshi man was 22 years-old, he added.

Local newspaper Haveeru reported that the Bangladeshi man entered the girl’s room at midnight while she was asleep and attempted to rape her.

According to Haveeru she bit his finger and he left. The man was naked when he entered the girl’s house, Haveeru reported according to sources.

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Rebels push Gaddafi back as NATO provides aircover

Forces loyal to Libyan President Muammar Gaddafi have been pushed back by Benghazi rebels after coalition airstrikes grounded both the Libyan airforce and tank columns.

The rebels yesterday retook the oil export towns of Brega and Ajdabiya in the country’s east, the latter 30 miles from the refining station at Ras Lanouf.

Spokesperson for the rebel’s Transitional National Council, Shamsiddin Abdulmollah, told journalists in Banghazi that Gaddafi’s forces were “now on the back because they no longer have air power and heavy weaponry available.”

AFP meanwhile reports that 117 people have been killed and more than 1300 wounded in a week of attacks by Gaddafi’s forces on Misrata, Libya’s third largest city, which has been targeted by snipers and artillery after French aircraft destroyed at least five planes and two helicopters in the region yesterday.

US President Barack Obama stated over the weekend that NATO was fulfilling the UN Security Council’s resolution and that the no-fly zone had been established to protect civilians.

“Make no mistake, because we acted quickly, a humanitarian catastrophe has been avoided and the lives of countless civilians – innocent men, women and children – have been saved,” Obama said.

Gaddafi’s government has accused the international community of pushing the country into civil war by choosing sides: “it is not to protect civilians because now they are directly fighting against the armed forces,” Deputy Foreign Minister Khaled Kaim told Associated Press.

Libya’s former ambassador to the United States, Ali Aujali, has meanwhile praised the intervention as warding off “another massacre in Africa that [would have been] remembered like Srebrenica and Rwanda. It was the right action at the right time.”

Meanwhile, the foreign press pack in Tripoli was visibly shaken after a woman in her 30s, Iman al-Obeidi, burst in on foreign journalists at the Rixos Al Nasr hotel to say she had been gang raped by 15 government militia.

Obeidi showed the media slashes and bruises on her body, and screamed as Gaddafi’s media minders hauled her outside. Two journalists who tried to protect Obeidi were punched and beaten by the minders, who smashed cameras and reportedly drew a gun and threatened the media, claiming Obeidi was mentally ill.

Correspondent with the UK’s Channel 4 television station, Jonathan Miller, was knocked to the ground and kicked when he attempted to intervene.

“There was a desperate sense of our failure to prevent the thugs taking her away,” Miller told papers in the UK today. “There was nothing more that we could have done as we were overtly threatened by considerable physical force.”

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