Day: October 22, 2012

High Court to decide on injunction for Nasheed trial

The High Court will decide on a request by former President Mohamed Nasheed’s legal team for an injunction halting his trial over the detention of Criminal Court Chief Judge Abdulla Mohamed at a hearing on November 4, the same day the trial at the Hulhumale’ Magistrate Court is set to resume.

Concluding today’s hearing of an appeal lodged by Nasheed’s legal team, challenging the Hulhumale’ Magistrate Court’s ruling on three procedural issues raised at the magistrate court’s first hearing on October 9, High Court Judge Shuaib Hussain Zakariya said the three-judge panel would issue a ruling on the injunction at the next hearing on the morning of November 4.

Speaking to press after the hearing, Nasheed’s lead attorney Hisaan Hussain explained that a request was made for a temporary injunction to suspend the criminal trial pending a ruling by the High Court on the procedural points.

“Today we submitted in detail the reasons we are seeking a temporary injunction,” she said. “In response, the Prosecutor General’s Office said they did not have anything further to say about issuing the injunction and to proceed in the way the court decides. That is, they do not object to [the court] issuing the injunction.”

On the High Court scheduling its next hearing for November 4, Hisaan noted that the next hearing at the Hulhumale’ Magistrate Court was scheduled for 4:00pm on the same day.

“We believe seeking an injunction is by its nature a matter of urgency,” she said. “So we have requested that the court expedite its decision on the injunction. We hope the court would make a decision before [November 4]. We will make such a request to the court in writing as well.”

At today’s hearing, Nasheed’s legal team raised the three procedural points dismissed by the Hulhumale’ Magistrate Court: a magistrate court holding a trial on a different island to where it was based; the constitutional legitimacy of the Hulhumale’ Magistrate Court; and the legality of the arrest warrant issued by the Hulhumale’ Magistrate Court, as such orders could only be issued by a court in the locality of the defendant’s permanent address.

At the October 9 hearing, the Hulhumale’ Magistrate Court summarily dismissed the first two points and agreed to hear the last issue. The court however ruled that the warrant was issued legally as it was following a precedent established by the High Court.

Meanwhile, the High Court today allowed the Attorney General’s Office (AGO) and Judicial Service Commission (JSC) to enter into the appeal case as third parties on the issue of the legitimacy of the Hulhumale’ Magistrate Court.

Lawyers from both institutions were present at today’s hearing. The state was represented by lawyers from the Prosecutor General’s Office (PGO).

Requesting the injunction, Hisaan reportedly argued that failure to do so could cause irreparable injury to the rights of the defendant as the Hulhumale’ Magistrate Court could conclude its trial and sentence the former President before the High Court ruled on the appeal.

While Deputy Solicitor General Ahmed Usham asked for an opportunity to respond to the request for an injunction, Judge Shuaib said that the three-judge panel had decided that the AGO attorney could not be allowed to argue regarding the injunction.

Former President Mohamed Nasheed also attended the hearing along with MPs, senior members and supporters of the formerly ruling Maldivian Democratic Party (MDP).

Almost an hour before the beginning of the hearing, police assisted by officers of the Maldives National Defence Force (MNDF) cordoned off the area surrounding the High Court at the former presidential palace.

“Unfair and unjust”

The MDP secretariat meanwhile issued a statement in the wake of the hearing expressing concern with the High Court’s scheduling of its next hearing for November 4.

“The party believes that the result of conducting both hearings on the same day will be the defence attorneys losing the opportunity to prepare for the original case at the ‘Hulhumale’ Magistrate Court’,” the statement read.

The MDP statement contended that the defence attorneys could only prepare for the trial based on the decision on the procedural processes.

The party also noted that the High Court has in the past conducted hearings at night and on public holidays to issue temporary injunctions.

“However, while a week has passed since the appeal and request for an injunction on behalf of President Nasheed has been filed at the High Court when the hearing was held today, the party believes that the decision to issue a ruling on the injunction on the same day the original case is to be conducted at the ‘Hulhumale’ Magistrate Court’ is neither fair nor just,” the party said.

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UK police to re-submit information in Maldives over death of British couple in quad bike accident

UK police are to resubmit requests from relatives of a British couple killed in a quad bike accident last year at Kuredu Island Resort, regarding their preferred method of sentencing in a Maldives court.

Swedish national, Filip Eugen Petre, a son of a shareholder in the resort, is facing trial for his alleged role in driving a quad bike at Kuredu on August 6, which crashed into a tree while carrying British nationals Emma and Jonathan Gray.

Court officials in the Maldives confirmed that the trial has been awaiting a response from relatives of the deceased couple on their preferred punishment for the accused, information one relative has said was passed on by UK police to their Maldivian counterparts a number of months previously.  However, further hearings into the trial have not been held for several months.

Director of the Department of Judicial Administration Ahmed Maajid said the trial had not progressed as court authorities were awaiting the word of the deceased couple’s families on their preferred mode of sentencing for the accused, should he be convicted.

“A Criminal Court media officer tells me that what remains in the case is to obtain the word of the family of one of the victims, as to whether they want a sentence of execution, or blood money or to forgive,” Ahmed said.

“These are the options given to the family of a murder victim in Islamic law, subsequently in our penal laws too.  The court has sent the necessary documents to the concerned parties, but that there has been no response,” he claimed.

A relation of the Grays confirmed that neither victim’s family had received any official notification from the Maldivian courts themselves.  However UK police, through a family liaison officer, confirmed that their Maldivian counterparts were informed “months ago” of the families’ preferred sentence.

“The police have said that they are going to re-submit the issue to the Maldives police today,” claimed the relation. “That’s what is holding up the case right now, [the police] do not seem to have forwarded this information to the courts.”

The relative added that while they did wish to see some form of punitive sentence for the driver if he was convicted, they did not want any severe or long-term action to be taken against the defendant.

“He’s just a young guy. We don’t want to see his life ruined,” the relative said.

Jonathan Grey’s mother Cath Davies told UK-based newspaper the Halifax Courier in March that the prospect of Petre facing the death penalty was “shocking. It’s absolutely horrendous.”

Minivan News was awaiting confirmation from the Maldives Police Service at the time of press as to whether they had so far received the word of the families of the deceased couple and had in turn passed on the information to judicial authorities.

Previous hearings

In previous hearings, the prosecution claimed that the charge of ‘disobedience to order’ Petre stands accused of resulted from his decision to carry people on a vehicle which was not intended for passengers.  The prosecution contended that his criminal action began from the moment he allowed the couple to ride with him on the vehicle.

According to Article 88 of the Penal Code, disobedience to order is a crime and according to Article 88(c), if the result of violating the article is linked to a death, the case shall be dealt accordingly to Islamic Sharia.  The prosecution has previously contended that under Islamic Sharia, if an offender’s action is found to caused the death of a person, the offender shall be punished.

Under the Maldivian constitution, courts resort to Sharia in areas established law does not cover.

Presiding Judge Abdul Baary Yousuf declared in court during earlier hearings that Petre’s lawyer had himself confessed during the trial that his client had driven the quad bike carrying Emma and Jonathan Gray as it crashed on the tourist property.  As a result of this confession, the judge said the state did not have to produce any evidence to prove Petre was the driver of the vehicle during the collision.

Representing the prosecution, State Attorney Aishath Fazna also contended that because Petre had “confessed” to driving the quad bike, she did not believe the state had to produce evidence to support this assumption.

However, Petre’s lawyer Areef Ahmed responded at the time that his client had not directly confessed to driving the quad bike and argued that his client continued to deny the charges against him.  Areef additionally claimed that the judge could not declare a verdict regarding the alleged confession said to have been during the previous hearing.

Areef contended that his confession could be withdrawn before the case reached to a conclusion, but the state attorney argued that after confessing in the trial, there was no way it can be withdrawn.

Petre’s lawyer has also contended that his client could not be charged under Islamic Sharia because his client is non-Muslim.

“Most tragic event”

Following the quad-bike incident in 2011, Filip’s father Lars Petre provided a statement to Minivan News in which he described the accident as “by far the most tragic event in my life, and words cannot describe how saddened we are. I and my family are deeply concerned with errors on some of the media reports and we are also deeply saddened by some accusations made at my son.”

“My son Filip Petre (23 years) was taking the two guests home, to the other side of the island, when he experienced some difficulties with the bike, and crashed headlong into a tree on the road. The crash took two lives and badly injured my son,” he added.

“He fell unconscious with the crash and woke up some time later to find the two deceased also lying on the road. He immediately called for help and worked alongside with the doctor who arrived to try and save the victims of the crash, while he was bleeding himself,” Lars Petre said.

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“We will celebrate liberation of airport on February 7”: Sheikh Imran

Adhaalath Party President Sheikh Imran Adbulla has said that the people of the Maldives will celebrate the liberation of Ibrahim Nasir International Airport (INIA) on the first anniversary of the resignation of the previous government – February 7, 2013, local media has reported.

The comments were made at a press conference held by a coalition of NGOs and political parties opposed to the deal with the Indian infrastructure company GMR – signed by former President Mohamed Nasheed’s administration – to develop and manage the country’s international airport.

Imran predicted there would be “some unrest and damage” on the day the deal is annulled, but urged people to come out and support the calls for nationalisation  – although the GMR deal is actually a 25 year lease arrangement and the airport still belongs to the government.

Minivan News was unable to gain further comment from the Adhaalath Party members at the time of press.

Imran said the Maldivian population would be able to endure economic hardship should the deal be annulled, before threatening “a completely different activity” should the government fail to resolve the issue to the coalition’s satisfaction.

“February 7 this year should suffice to make this clear [to the government],” Imran was quoted as saying by Haveeru.

“We were talking about a particular thing and a particular person completed it. Therefore, when the Maldivian people carry out these activities, too, in a certain way, the people who completes it will decide it a certain way. I hope the President has the courage, ability and steadfastness to take such a measure on behalf of the people,” he continued.

Imran’s comments are symptomatic of the incendiary rhetoric surrounding the airport, the nationalisation of which the Adhaalath Party has previously described as a “national jihad”.

The Civil Coalition of NGOs joined with the seven now-government aligned parties to campaign against the former Maldivian Democratic Party (MDP) led administration, most famously gathering on December 23 last year to defend Islam against what it perceived as irreligious tendencies in the Nasheed government.

The Coalition explained that it was to conduct a week of activities between November 3 – 9 in opposition to the deal, referred to as “airport week”, rather than the mass protest that had previously been planned.

Sun Online reported that the decision had been made owing to clashes with school exams and the government’s plans to celebrate the anniversary of 1988’s attempted coup on November 3.

The paper also reported that the week would be accompanied by the launching of songs and a special logo in support of the movement.

A large balloon has appeared in recent days over the skies of Male’ reading “GMR go home.”

However, previous attempts to organise demonstrations in opposition to the development met with disappointing results when a September protest was poorly attended.

One government-aligned party, the Dhivehi Rayyithunge Party (DRP), refused to join the September protest, arguing that the dispute ought to be resolved through the courts.

DRP leader Ahmed Thasmeen Ali has previously expressed his concerns that reneging on the GMR deal might have detrimental effects on investor confidence in what is already a perilous financial situation for the Maldives.

Abdulla Jabir, Deputy Leader of the Jumhoree Party (JP), has also been vocal about the economic impact of politicising the deal, criticising the Adhaalath Party.

“Sometimes they are religious experts, sometimes they are financial experts. But everyone loves Islam here. Right now, foreign investors are finding it difficult to understand the climate here,” Jabir told Minivan News earlier this month.

“This is not a perfect time for this issue to be happening with GMR,” he added. “I think these protests [against GMR] are unrealistic.”

The JP were, however, represented at the press conference, with State Minister for Fisheries and Agriculture Fuad Gasim reportedly suggesting that senior government figures were being pressured into silence over the deal.

Official government opposition to the deal is currently taking the form of investigations of the $511million deal via the country’s Anti Corruption Commission (ACC) as well as through a Singapore court of arbitration as agreed in the original contract.

However, the Attorney General has asked the Supreme Court to rule on whether the matter might be dealt with within the Maldivian court system.

Earlier this month, INIA CEO Andrew Harrison told Indian media that the company had received no official word from the Maldivian government concerning a resolution to the dispute.

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“Worst fears over HIV coming true”: Health Minister

Minister of Health Dr Ahmed Jamsheed Mohamed has expressed concern about the risks of HIV spreading rapidly in the Maldives, stating that “our worst fears seem to be coming true.”

Jamsheed said that although the Maldives had remained on the HIV less-prevalent category since the first HIV positive case was found in 1991, “all the habits that may lead to the spread of HIV is excessively in practice here,” stating that it was only through “incredible luck” that the disease had not already spread widely throughout the country.

At the press conference on Sunday, Jamsheed said: “What has always worried me most is that there is a large drug community, and that the virus might find its way into this group, especially the IV drug users. Once it does, it will spread like wild fire.”

“I don’t think this is too far off now. We have already identified one IV drug user who has been infected with HIV. What’s left is to see how much this has spread,” Jamsheed revealed.

Jamsheed further cautioned against assuming that the HIV virus would stay within the injecting drug user circle, pointing out that some drug users do so in secret, and that many are married to non-drug users who could just as easily be infected with the virus.

Minister of State for Health Lubna Zahir Hussain, who heads the National Drug Agency (NDA) and Centre for Community Health and Disease Control (CCHDC) Director Maimoona Abu Bakr said that both their departments were taking preventive measures against the spread of HIV.

Jamsheed, too, said the NDA’s efforts to help drug users out of their addiction is a preventive measure against HIV as drug users are most at risk.

Meanwhile, the CCHDC is working with civil society groups like Journey, Society for Women Against Drugs (SWAD) and regional NGOs to spread awareness about STIs and HIV, and to encourage the public to change their habits to ways that present less risk of contraction.

Practical action or the moral highground?

Jamsheed said that he believed there were issues which needed to be opened to a “national debate” in order to move forward and take stronger preventive measures.

“We can simply stay inactive and keep talking for any amount of time by assuming the moral highground,’ Jamsheed said at Sunday’s press conference.

“That is to claim that we are Muslims, and by living in a Muslim state in Muslim ways we are doubtless protected from this disease. But that is never the reality anywhere in the world,” he said.

Jamsheed said it was unrealistic to assume all Muslims to live as “perfect Muslims”, and that even if they were, there was still a chance of infection. He stated that HIV is not transferred through sexual activity or visits to prostitutes alone.

“This is an argument I do not accept,” he said. “I presume that those among us who are already infected are also Muslims, being Maldivians. Of course, there are certain protections that being in a Muslim community affords us. For example, all of us men have been circumcised, which is proven to provide protection against STIs. To put it short, we need to work on more practical forms to prevent the spread of HIV.”

Sexual promiscuity elevating risks

The minister further spoke of the risks of promiscuity in the society, referring to the 2010 case where police arrested an HIV positive prostitute. He stated that the same prostitute had been identified in the Maldives as being HIV positive in the year 2009 as well, emphasising the risks to the spreading of HIV that such events presented.

Prior to his appointment as Minister of Health, Jamsheed had written about his concerns regarding the spreading of HIV in his personal blog, speaking about the “sexually active” lifestyle of the Maldivian people, which created a higher risk of infection.

“Maldivians have always been a sexually very active and promiscuous community. We have a very high divorce and remarriage rate, which increases the number of sexual partners any individual has over their lifetime. It is also a known fact that despite being a Muslim community, a lot of Maldivians have multiple extramarital relationships,” he had written then.

CCHDC’s Maimoona Abu Bakr also highlighted that “undesired sexual acts”, prostitution, injecting drug users and homosexuality proved to be some of the greatest challenges to preventing the spread of HIV.

In 2011, a total of 18 HIV positive cases were reported, out of which one was of a local. Between 1991 and 2011, 15 HIV cases were reported among Maldivians, while 168 cases of expatriate workers were also filed. Two out of the 15 cases were female, and all patients cited heterosexual transmission as the cause of infection.

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Local actor among six arrested for possessing illegal drugs

Police have arrested local actor Ibrahim ‘Dhaas’ Giyas along with another man and four women while they were inside a house in Galolhu ward, in possession of illegal drugs and a large amount of cash.

In a statement, police said two men and four women were arrested for being in possession of illegal drugs inside the house. The statement did not reveal the identity of those arrested, but local newspapers confirmed that Giyas was among those taken into custody.

According to police, the group was inside a house called Kamadhoo when police officers searched their room on the ground floor, and discovered six bullet-sized rubber packets containing suspected illegal drugs and MVR 71,470 (US$4640). In a further search, police found 15 more packets containing suspected illegal drugs, empty rubber packets, and US$50.

A forged US$100 dollar note and a 500ml empty water bottle containing suspected alcohol were also discovered inside the room in the first floor of the house, according to the police statement.

Police said the arrested women were aged 21, 23, 31 and 18, while the two men were 31 and 45 years-old.

Local newspaper ‘Haveeru’ reported that the court had previously sentenced Giyas on charges of homosexuality.

Haveeru identified the other man arrested as Mirufath Haneef ‘Hanee’, a well-known local tailor, who was also previously sentenced with Giyas on homosexuality charges.

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MVR 500,000 paid to Gayoom’s parliament appointees

The state has paid approximately MVR 500,000 (US$32,425) each as compensation to eight MPs appointed to parliament by former President Maumoon Abdul Gayoom, following a Supreme Court ruling in March that their removal was unconstitutional.

The Supreme Court ruled on March 13 that the removal of the eight presidential appointees in late 2008 by incoming President Mohamed Nasheed – who replaced the eight with his own appointees – was unconstitutional and ordered the state to compensate the MPs for salaries and allowances due for the remainder of the last parliamentary session of the 16th parliament.

The Supreme Court ruling had overruled judgments by the Civil Court and High Court.

Local daily Haveeru reported yesterday that one MP had been paid MVR 407,000 (US$26,394) so far. The former MP, who wished to remain anonymous, was quoted as saying that the “Finance [Ministry] told some of the MPs that the amounts cannot be paid now due to the financial constraints of the state.”

“As far as I know, the state will pay them over a period,” the anonymous MP added.

The case was filed by former President Gayoom’s appointees Rozaina Adam and Ahmed Mahloof. While both were elected to the 17th parliament on a Dhivehi Rayyithunge Party (DRP) ticket, MP Mahloof left the DRP to join former President Gayoom’s Progressive Party of Maldives (PPM).

The case reached the Supreme Court one and a half years ago after the Civil Court and High Court ruled that the Nasheed administration had the legal authority to dismiss Gayoom appointees.

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China gifts RMB 500,000 worth of office equipment to parliament

The Chinese government has donated RMB 500,000 (US$79,945) worth of office equipment to parliament during an official visit by a high-level delegation headed by Li Changchun, China’s fifth highest-ranking leader and member of the Standing Committee of the Political Bureau of the Communist Party of China Central Committee.

According to the People’s Majlis secretariat, the delegation arrived on a two-day visit on Friday afternoon on an invitation from the Maldivian government.

The delegation visited parliament on Saturday for a meeting with Speaker Abdulla Shahid. At the meeting, the dignitaries discussed the close diplomatic ties between the nations forged 40 years ago, noting that Sino-Maldives diplomatic relations have been a model for fostering mutual respect and friendship between big and small nations.

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VP presents Civil Service Innovation awards

Vice President Mohamed Waheed Deen presented awards to winners of the newly introduced Civil Service Innovation Award at a ceremony on Sunday morning.

Among the recipients was the National Centre for Information Technology (NCIT) for introducing a “transport online system” and a “government e-letter management system” as well as the Islamic Ministry for its online Zakat fund system.

Awards in the Information Technology category were also given to the Ihandhoo School in Laamu Atoll Gan for its “performance appraisal online system” and the education unit for Haa Alif, Haa Dhaal and Shaviyani Atolls for its “office automation initiative.”

The award for cutting costs and economising went to the Centre for Continued Education for its “school-based professional development programme.”

According to the Civil Service Commission (CSC), over 9,000 driving licenses have been issued through the online transport system while the e-letter management system saved an estimated MVR 8.7 million from the 2011 budget.

As the award was the first of its kind, the CSC said it recognised programmes and projects carried out from 2008 to 2011.

Speaking at the function held at the Islamic Centre’s hall, Vice President Deen said that the wage system for civil servants must be revised, calling on all sectors to acknowledge the hard work of civil servants.

Deen commended the CSC for introducing the award in a bid to improve the quality of service provided to the public.

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Six women and four men arrested with alcohol, police and army uniforms

Police last night raided a house called Peach Melba in Henveiru ward, and arrested six women, four men and a minor, whose gender was not disclosed, after police discovered alcohol and police and army uniforms inside the residence.

According to a statement by police, officers raided the house in response to information reported to police, and arrested people inside the house.

Police officers discovered two bottles containing suspected alcohol, one empty alcohol bottle and glasses that were allegedly used to consume alcohol, police said.

A piece of cellophane containing suspected narcotics was also discovered after  police searched a cigarette packet on the shoe rack inside the room.

Furthermore, police said some police and army uniforms were also found inside, although the residence was not home to anyone employed in the police or Maldives National Defence Force (MNDF).

According to local media, police found police Special Operations (SO) combat uniforms and both MNDF combat and normal uniforms.

Police have not identified the 10 arrested, but said they were aged between 19 and 37 while the minor arrested was 16 years-old, according to police.

The police Drug Enforcement Department (DED) is further investigating the case.

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