Month: February 2012

President of Timor Leste condemns “obvious” coup d’état, “unsettling silence of big powers”

Nobel Peace Prize recipient and President of Timor Leste (East Timor), José Ramos-Horta, has issued a statement condemning “the ousting under military pressure” of President Mohamed Nasheed.

While other countries including the UK and Germany have  called for independent inquiries, Timor Leste has become first country to condemn the change of government as a coup d’état.

A former political exile and reluctant politician-turned-president who survived an a assassination attempt in 2008, Ramos-Horta visited the Maldives in early 2010.

Nasheed had the Maldives National Defence Force (MNDF) greet Ramos-Horta with a seven-gun salute, and introduced him at a press conference as “no ordinary head of state – he is a renowned, fearless and uncompromising champion of human rights. We can learn from [Timor’s] experiences building democracy and of transitional justice.”

Ramos-Horta at the time praised Nasheed for his “conciliatory” approach to the autocratic regime he had replaced, mirroring it with his own resistance to the “heroic bureaucrats in the United Nations and Brussels”, who “favoured an international tribunal to try everyone in Indonesia who was involved in the crimes of the past.”

“Each country has its realities; its challenges and complexities,” Ramos-Horta explained. “I prefer to be criticised for being soft on people who committed violence in the past than be criticised for being too harsh or insensitive in putting people in jail.

“Our approach fits our reality, an approach the “resident of the Maldives and I share – the need for magnanimity. Immediately after our independence in 1999, I said: ‘In victory be magnanimous. Don’t rub the wounds of those who feel they lost. Make them feel they won, also.’”

In his statement this week, Ramos-Horta recalled that during his visit, Nasheed had “alerted me to tensions in Maldivian society and the unabated activity of beneficiaries of the old political order directed at toppling the new democratically elected authorities.”

It was, he said, “now obvious that President Mohamed Nasheed was forced to resign by military elements and the move has the support of former Maldivian dignitaries bent on retaking privileges and political control they enjoyed during the former regime.”

“It should be of concern to the World that extremist elements abusively invoking Islam were instrumental in stirring up violent demonstrations, religious intolerance and social upheaval as the coup d’état set in motion.

“Therefore, it is all the more strange and unsettling the silence with which big powers and leading democracies respond to the undemocratic developments in the Maldives. It has been a sad day for democracy in the Maldives and beyond.”

Former Indian High Commissioner

Former Indian High Commissioner to the Maldives, A. K. Banerjee, has also written in support of Nasheed, urging India “to bat for a friend”.

Writing for the Institute of Defence Studies and Analyses (IDSA), Banerjee observed that democracies “are notoriously unstable to begin with and need patience and commitment all round. “

“[Nasheed] was getting increasingly frustrated and the opposition confronted him at every step. Nasheed, long used to agitating for change and clamouring for power, did not, it seems, grow in office and his style was quite un-presidential. One could say that he was being democratic and had the zeal of a reformer. But holding office and leading street demonstrations require different hats,” Banerjee wrote.

Since his ousting, Nasheed has “repeated that he handed over power under duress and as a democrat he hopes India will see his position and, literally, rescue him. Not only that, he wants to bring forward elections to challenge the opposition and test their legitimacy.”

“Having made the point that Maldives is a major security issue for us and bearing in mind the overall international scenario prevailing now, we should bat for a friend. Knowing how slippery the democratic playfield can be and having a sense of who actually has fouled, as a sort of friendly referee, we should award a free kick to the player who has been knocked down.”

However, Banerjee said, “there are no free lunches. We should recommend that Maldivians agree to long term strengthening of democratic institutions and resolve their differences peacefully; different factions must talk to each other and work towards a modus vivendi. Above all, authorities in Maldives must be encouraged to respect human rights and avoid use of force to deal with political dissent.”

Police and protesters attack the military’s headquarters on the morning of February 7:

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Elements of society are trying to “spread terrorism”, Dr Waheed warns

President Dr Mohamed Waheed Hassan has warned that some elements of society are trying to “spread terrorism” and threaten national security, as he urged the Maldives National Defence Force (MNDF) to remain steadfast in fulfilling its responsibility to protect the safety and welfare of public.

According to the President Office website, Dr Waheed made the remarks in his first address to the MNDF, as the country’s new Commander-in-Chief of the Armed Forces.

Speaking on the democratic changes taking place in the country, Dr Waheed noted that along with the efforts to bring modern democratic changes to the country, people’s outlook and behaviour had also changed, the President Office said.

Dr Waheed further said that with the rapid changes taking place, a “dark cloud of unpleasant events” was looming over the country, and added that the Islamic and humane values and principles that the Maldives had followed were now diminishing, according to the office.

“This is a national issue that we have to deeply think about. Disagreements are inevitable, as we try to create a modern democracy. Disagreements are not an issue. However we must all try to prevent animosity, anger and conflict growing out of those disagreements”, Dr Waheed was quoted as saying.

“Stating that there were a few among us who encourage unacceptable behaviours, calling for disruption of law and order, the President said some elements in the society have been trying to spread terrorism that would threaten national security”, the President’s Office reported.

“He, therefore, said that this problem should be addressed at a national level.”

The statement did not articulate who was behind the alleged terrorism. However recently Home Minister Dr Mohamed Jameel had warned of levying terrorism charges against MDP supporters, accusing them of being responsible for the nationwide unrest on February 8, which was sparked after a brutal crack down on MDP’s peaceful march in response to the events of the previous day.

Amid the unrest, police property and other public buildings such as courtrooms across 10 islands in six atolls were torched and vandalised.

The President’s Office said that Dr Waheed contended that at this time of great challenge, the country required the national defence forces to stay steadfast in fulfilling their responsibilities.

The office said that in his speech the President also reminded the  MNDF that they a number of very important national responsibilities resting on their shoulders, which included maintaining the sovereignty, security and harmony of the country, as well as, the protection of the safety and welfare of members of the public.

“Praising the military’s commitment, the President also highlighted their many sacrifices over the past years. He said that the MNDF were the frontline of national service and said they deserved credit for their professionalism, capabilities and perseverance,” President Office reported.

Dr Waheed’s praise to the MNDF comes in the face of increased speculation that the country’s security forces combining the MNDF and police  assisted the opposition in a bloodless coup to depose Dr Waheed’s predecessor Mohamed Nasheed, from Maldivian Democratic Party (MDP) on February 7.

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Police arrest two suspects in connection to murder of 21 year-old man

Police have arrested two suspects, including a minor in connection to the murder of a 21 year-old man who was stabbed on Saturday night.

The victim, identified as Abdul Muheeth of G. Veyru, died while being treated at Indira Gandhi Memorial Hospital (IGMH) after he was stabbed in a series of attacks on Saturday night that left three others injured.

Police Sub-Inspector Ahmed Shiyam today said that the two suspects were arrested on Monday night and the police are continuing to investigate the attacks.

Shiyam said that the suspect’s identities or their criminal records cannot be revealed at this time as the investigation is ongoing.

Meanwhile, he observed that the motive for Saturday night’s attacks will be determined as the investigation progress.

Shiyam had earlier said that it was too early for police to determine if Saturday night’s stabbings were gang related, or connected to the ongoing political turmoil in the country.

A spate of stabbings in early 2011 that resulted in the deaths of several young men was blamed by police on gang related activity. Following a police crackdown, relatively few violent attacks were reported for the remainder of the year.

Meanwhile, this is the second murder reported this year. The first was a 76 year-old man who was found murdered with multiple stab wounds on Kudahuvadhoo island in Dhaalu Atoll on Janurary 8.

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MDP boycotts first roadmap meeting: “clear effort to delay substantive discussions”

The first talks of the political parties on the “Roadmap for a Possible Way Forward”, initiated by the President Dr Mohamed Waheed Hassan, were cancelled on Monday night after the former ruling Maldivian Democratic Party (MDP) boycotted the meeting calling it “a clear effort to delay substantive discussions”.

The first meeting was set to start at Nasandhura Palace Hotel at 8.30pm last night with representatives from nine parties, with former Tourism Minister Ahmed Mujthaba appointed as convener by Dr Waheed to mediate the talks.

Representatives of all parties aside from the MDP attended the meeting. After a 15 minute wait for MDP members to appear, Mujthaba told the press the meeting was cancelled due to the absence of MDP.

He noted that unofficial talks however continued between the parties and that date for the next meeting would be set when MDP’s participation was confirmed.

Meanwhile, in a press statement the MDP said it had planned to participate in the talks, and expressed the party’s “commitment to serious talks between responsible political parties to ensure a smooth transition towards early elections, as per the roadmap mediated by the Indian Foreign Secretary Ranjan Mathai.”

However, according to the statement, MDP decided not to take part “when it became clear that the talks were to include political parties with no democratic mandate, and that they would focus on procedural issues such as the timing and venue for future talks – a clear effort to delay substantive discussions.”.

MDP said the talks must focus on substantive issues such as the timing and conditions for early elections and related transitional arrangements – topics which MDP officials claim were not on last night’s agenda.

“Yesterday’s events – together with comments by Dr Waheed reported in the media – create doubts as to whether he is agreeable to early elections at all,” MDP claimed in the statement.

“The Maldives is in the midst of a serious political crisis. A crisis which can only be resolved by free and fair elections at an early date. In a democracy, only the people have the right to decide who should govern them. It is therefore vital that all serious political parties meet as soon as possible to address the real issue – the date and conditions for early elections. MDP stands ready to participate in such talks for the good of the country,” said MDP Spokesperson Hamid Abdul Ghafoor.

The party also said it had made it clear that the talks must only involve parties which either have a seat in parliament or in a local council.

Minority opposition Progressive Party of the Maldives (PPM) headed by the Former President Maumoon Abdul Gayoom, which was present in last night’s talks, does not have official representation in the parliament or on an elected council. Under parliamentary regulations, MPs who joined Gayoom’s PPM from the Dhivehi Rayithunge Party (DRP) technically count as independent MPs until elected on a PPM ticket in the next parliamentary election.

Minivan News asked Mujthaba about the MDP’s allegations and sought details on the talks, however he responded that the Roadmap Secretariat had decided to temporarily cease giving interviews to the media.

“We have decided to not to give any further interviews to the press at the moment as we are trying to set up the next roadmap meeting,” he explained. “But we will continue to invite MDP to participate in the meeting.

However he added that last night’s meeting had an “open agenda” and members were allowed to discuss all elements of the roadmap.

Meanwhile, speaking on Tuesday morning, Nasheed said the MDP’s position remained that disputes should be resolved through peaceful dialogue and negotiations.

He added that “MDP and most Maldivian citizens” agreed with the DRP’s position that in the event of an early presidential election this year the constitution should be amended to ensure there would not be another election in 2013.

Discussions should therefore involve political parties represented in parliament as a two-third majority would be needed to approve the constitutional amendments, Nasheed continued, suggesting that smaller parties without any seats in Majlis “would find it difficult at the moment to help with deciding a date for an election.”

Minority parties could however participate in talks on reforming the judiciary and security services, Nasheed suggested.

MDP would enter discussions today on amending the constitutional provision requiring an election in 2013, Nasheed revealed, inviting other political parties to join the talks.

“In my view, what we lost was democracy,” Nasheed said. “What we lost was not the rule of Galolhu Kenereege Mohamed Nasheed. His rule isn’t important either. Nor is he a very important person. What we have lost are principles and conventions we have long-desired for this country – these were essential for our development and progress.”

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India should give free kick to a friend: former Indian High Commissioner

The sudden resignation of President Nasheed in Maldives on February 7 took many by surprise, writes A. K. Banerjee, former Indian High Commissioner in the Maldives, for the Institute for Defence Studies and Analyses (IDSA).

The media in India reported it as a coup, a military takeover, the President was forced out, etc. Nasheed’s description of the change as a coup gave it a particular flavour. India is allergic to coups in its neighbourhood. It has had to get used to them in Pakistan and is wary of them in Bangladesh. This reflex is rooted in its deep seated commitment to democracy with a supreme civilian authority.

Coups also imply surprises and India does not particularly care for them. In the instant case the association of the word coup with Maldives set off a reflex and a chain reaction set in thereafter. India remembered the coup attempted in Maldives in 1988 when it had to rush its forces there to restore the government’s authority. An implied threat to its own security from an unstable situation in Maldives caused the Government to take the line of least resistance ie, accept the newly sworn in President, Dr. Waheed and assure him support and treat the matter as an internal issue of Maldives, to be sorted out by them.

Overall, the message that went out of New Delhi was that while it cannot be unconcerned about happenings in that country, it is prepared to work with whoever is legitimately in power there. However, the issue of legitimacy has now come to the fore and many feel that this needs to be looked at closely. Also, by being the first country to accept the developments there as an internal matter, India set an example for others to follow [witness the US position].

Democracies are however notoriously unstable to begin with and need patience and commitment all round. Maldives is no different and its institutions have not worked properly so far. The President was getting increasingly frustrated and the opposition confronted him at every step. Nasheed, long used to agitating for change and clamouring for power, did not, it seems, grow in office and his style was quite un-presidential. One could say that he was being democratic and had the zeal of a reformer. But holding office and leading street demonstrations require different hats.

Nasheed and his supporters faced opposition from a rich business class which controlled the mainstay of the Maldivian economy, i.e., the tourism industry. The downturn in the European economies, which sends the bulk of tourists to Maldives, has negatively affected this sector, which, in turn, impacted on the domestic political dynamics.

In describing his ouster as a coup, perhaps Nasheed wanted to indirectly involve India which he felt he was justified in doing given his attempts to bring the two countries closer, apart from his genuine democratic credentials. Yet at the same time he did not want armed conflict in his country or a civil war like situation. Since his ouster he has been loudly proclaiming his democratic credentials and wants India to hear him. He has repeated that he handed over power under duress and as a democrat he hopes India will see his position and, literally, rescue him. Not only that, he wants to bring forward elections to challenge the opposition and test their legitimacy at the hustings.

What should India do? Having made the point that Maldives is a major security issue for us and bearing in mind the overall international scenario prevailing now, we should bat for a friend. Knowing how slippery the democratic playfield can be and having a sense of who actually has fouled, as a sort of friendly referee, we should award a free kick to the player who has been knocked down.

How can we do that? We should work for a unitary government and persuade all to agree to early elections. But since there are no free lunches, we should recommend that Maldivians agree to long term strengthening of democratic institutions and resolve their differences peacefully; different factions must talk to each other and work towards a modus vivendi. Above all, authorities in Maldives must be encouraged to respect human rights and avoid use of force to deal with political dissent.

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Paradise lost – has democracy gone to hell in the Maldives: Economy Watch

Democracy, as Samuel P. Huntington once famously put it, often comes in waves, writes Raymond Tham for Economy Watch.

According to Huntington’s analysis, countries can be over-swept by democratic ideals during one such wave; and a political transition might occur – transforming the government from an authoritarian to a democratic one.

Yet, as Huntington would later note, the waves of democracy are often followed by “reverse waves” as well. In a reverse wave, a newly democratic country could potentially revert back to its authoritarian ways, especially if the remnants of the old regime attempt to rear up their ugly heads once again.

Former Maldivian President Mohamed Nasheed learnt this lesson the hard way. Less than four years after becoming the first democratically elected president of the Maldives, Nasheed was swept out of power on February 7th 2012 by a coup – led by his predecessor Maumon Abdul Gayoom.

Gayoom, and his associates, had apparently forced Nasheed to resign at gunpoint, with Nasheed’s vice president Mohamed Waheed Hassan – who Nasheed has now accused of being complicit with Gayoom’s scheme – installed as president on that day itself.

These violent scenes were a stark contrast to a year ago, when a young and upbeat Nasheed arrived in Delhi for a conference on promoting liberal governance in South Asia. During the conference, Nasheed expressed optimism on his country’s democratic process.

“We are in the process of consolidating our democracy,” said a cheerful Nasheed, as quoted by the Economist. Commenting on the Arab Spring, Nasheed also expressed confidence that his country could soon become a model for other Islamic states in adopting democracy.

“We are a 100 percent Muslim country. We feel if democracy can survive in the Maldives, it can survive in other Islamic countries.”

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India has let the Maldives down: Headlines Today

Ousted president Mohamed Nasheed, 44, was talking to his core group of advisers at his ancestral home ‘Keenerege’ in Male when the news of Indian Prime Minister Manmohan Singh’s letter of support to new President Waheed Hassan Manik, 59, came in, writes Gaurav C Sawant, for Headlines Today.

A shocked Nasheed, or Anni as he is known to friends, could not speak for several minutes. Those in the room say there were tears in his eyes. “He felt he had been let down by a friend,” said Ameen Faisal, Nasheed’s close friend and the country’s national security adviser before the alleged coup.

Nasheed had stepped out of his home on February 8 to address his Maldivian Democratic Party (MDP) workers when the ‘notorious’ Star Force crackdown began. The former president took refuge in a hardware store but they were found and taken into custody. Nasheed, who was the first democratically elected president of Maldives, says he was ousted in a military-backed coup and that Waheed, the vice-president, was involved.

Faisal, who was high commissioner to India-designate till the alleged coup on February 7, says India has made a strategic blunder in the Indian Ocean Region. “I was the defence minister of Maldives. I know how both China and Pakistan are desperately trying to make inroads here. We are India’s natural allies. Yet instead of supporting the first democratically elected president, India put its weight behind forces that want to make Maldives the Pakistan of the Indian Ocean,” Faisal insists.

Nasheed, too, expressed his disappointment with India’s response. “India’s stand is misguided and ill-informed. I hope they will consider a course correction,” he told India Today. Nasheed feels New Delhi is taking him for granted and India may lose its influence to China, Faisal added.

China is desperately pushing its economic diplomacy. “The Maldivian National Defence Force was keen to renew its defence agreement with Beijing. Twice they came to me when I was president. I refused,” Nasheed said.

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Supreme Court disqualifies MDP MP Musthafa

The Supreme Court has disqualified former ruling Maldivian Democratic Party (MDP) MP Mohamed Musthafa over a decreed debt which the court concluded makes him constitutionally ineligible to remain in the seat.

Monday’s ruling came following the case filed against Musthafa in July 2009 by opposition Progressive Party of Maldives (PPM) Vice President Umar Naseer, shortly after Musthafa won the election for Thimarafushi constituency against former President Maumoon Abdul Gayoom’s son, Gassan Maumoon.

Umar Naseer contended that Musthafa had not still this date repaid a loan of US$31,231.66 (Rf481,952) borrowed from the Bank of Credit and Commerce International (BCCI) according to the court order and therefore must be removed from Parliament for the violation of article 73(c)1.

According to the article 73(c) 1, “person shall be disqualified from election as, a member of the People’s Majlis, or a member of the People’s Majlis immediately becomes disqualified, if he: 1. has a decreed debt which is not being paid as provided in the judgement.”

The verdict came following a bench opinion which had an interesting split between the seven residing judges of the apex court, where four were in favour of removing Musthafa from the post as they deemed he was responsible for the decreed debt while the three remaining judges shared different views.

Two judges, including the Chief of Justice Ahmed Faiz concluded that it cannot be ruled Musthafa had a decreed debt as the loan had been taken on the name of Musthafa’s company Seafood and Trade International and added that in August 1997 the lower court had ordered the “company” to repay the loan.

Judge Muathasim Adnan meanwhile said that Musthafa and his company are two different legal entities and said the company’s decreed loan cannot be attributed to Musthfafa until a corporate veil is lifted.

Corporate veil is a legal decision to treat the rights or duties of a corporation as the rights or liabilities of its shareholders.

Following the ruling, former Attorney General Husnu Suood tweeted that the Supreme Court’s decision is “wrong”. He shared the view of Judge Adnan: “I think the debt is not his, but his company’s which in technical terms a separate legal person.”

Meanwhile, speaking at the MDP rally tonight Musthafa had dismissed the ruling as “unjust and politically motivated”.

He also vowed for a comeback announcing that he will contest for the same seat in the next elections and win. “Only former President Mohamed Nasheed can defeat me,” he claimed.

Suood says that Musthafa can compete in the bi-election after discharging the debt.

However, Musthafa  insists that he won’t repay the loan, citing deceptions from the food supplier General Meat Ltd.

Musthafa has also threatened legal action against the Maldives Monetary Authority (MMA) in November if it did not pay the US$500,000 that the Bank of Credit and Commerce International (BCCI) owed Seafood International.

Musthafa alleged that the sum was due to be paid to his company according to a 1991 London court ruling.

Citing MMA as the “live branch of BCCI in the Maldives,” Musthafa previously stated that “the debt of a dead person has to be paid by a living legal parent. If the MMA does not pay us within seven days we will sue the MMA in court and when we sue, we will ask the court to take the amount of money for the loss we have had for the past 20 years as a cause of not having this money.’’

The Supreme Court was due to rule on a case against Musthafa on October 20, 2010 however proceedings were interrupted when MDP called for a nation-wide protest against the judiciary during an emergency meeting.

Speaking to Minivan News at the time, MDP MP and spokesperson for the party’s Parliamentary Group, Mohamed Shifaz, said judges had been blackmailed and that the party would protest the politicised judiciary indefinitely.

Amid the government’s attempt to reform judiciary, when Criminal Court Chief Judge Abdulla Mohamed was arrested by military on January 16, the opposition subsequently took up the protest baton and demanded the release of  the judge – whose arrest  set in motion the series of events that culminated into the resignation of former President Mohamed Nasheed on Febrary 7 in what he called was a coup.

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Criminal Court dismisses corruption case against Deputy Speaker Nazim

The Criminal Court ruled today that the Deputy Speaker of Parliament Ahmed Nazim cannot prosecuted on charges of defrauding the now-defunct Ministry of Atolls Development, in the purchase of 220 harbour lights worth Rf1.95 million (US$126,000) in 2004.

Minority opposition People Alliance (PA) Leader and MP Nazim, along with MP Ahmed “Redwave” Saleem (then-finance director at the ministry) and Abdullah Hameed, former Atolls Minister and half brother of Gayoom was charged in late 2009 on multiple counts of conspiracy to defraud the Atolls Ministry.

The scam – first flagged in an audit report released in early 2009 – involved paper companies allegedly set up by the defendants to win bids for projects worth several hundred thousands dollars, including the fraudulent purchase of harbour lights, national flags and mosque sound systems.

The prosecution began in late 2009, after police uncovered  evidence that implicated Hameed, Saleem and Nazim in a number of fraudulent transactions.

At a press conference in August 2009, police exhibited numerous quotations, agreements, tender documents, receipts, bank statements and forged cheques showing that Nazim received over US$400,000 in the scam.

A hard disk seized during a raid of Nazim’s office in May 2009 allegedly contained copies of forged documents and bogus letterheads.

Police maintained that money was channelled through the scam to Nazim who laundered cash through Namira Engineering and unregistered companies.

The first count focused on charges that Nazim used equipments and employees of Namira Engineering while he was the company’s Managing Director to submit bids in the name of two companies called Tech Media Service Pvt Ltd and Standard Electric Works Pvt Ltd to provide 220 harbour lights to the Atolls Ministry without the company’s prior knowledge in 2004.

The prosecutors requested the court to recover the money paid to Nazim for the supply on the grounds he defrauded the ministry.

However, during the trial Nazim had submitted six witnesses to prove the companies were aware of the submission of bid and presented Saleem as a witness to establish that the ministry received the 220 harbour lights.

The prosecution meanwhile presented as evidence the police investigation report, cheques issued by the state and bogus letterheads found during a police raid on Namira Engineering in May 2009.

Further, the prosecutors presented employees of Namira as key witnesses to prove they are acting on Nazim’s orders.

However, Judge Saeed Ibrahim today dismissed the testimonies of the prosecutor’s witnesses on the grounds that they were the employees who had prepared the fraudulent bid estimates which were submitted.

Even though the witnesses had told the court that they had prepared the bid estimates on Nazim’s order, the judge concluded that it does not mean Nazim had ordered them to prepare the bids fraudulently.

Judge Ibrahim also argued that the act of asking was not enough to prove criminal intent.

Therefore, in reference to article 51 of the constitution which guarantees the rights of the accused, the judge concluded that the charges cannot be filed against Nazim.

Multiple counts

However Nazim is also facing other counts of fraud for setting up four paper companies to win a bid worth US$110,000 to provide 15,000 national flags for the former atolls ministry in 2003.

In the ongoing case, prosecutors are heavily relying on the findings stated in the audit report, which concludes that the four companies which submitted the bid to the project were connected to Nazim’s Namira Company.

According to the report, the documents of Malegam Tailors, the company which won the bid, show that it shared the same phone number as Namira. Fast tailors, another company that applied also shared a different phone number registered under Namira.

The other company Needlework Tailors that submitted the bid had an employee of Namira sign the documents as the General Manager while the fourth company named “Seaview Maldives Private Maldives” did not have any record of its existence, according to the report.

However, the auditors noted that Searview bid documents had an exact date error found on Fast tailors documents, which according to the auditors prove same people had prepared both company’s bids.

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