Day: March 5, 2015

Civil Court rejects Nazim’s defamation case against police chief

The Civil Court has rejected a defamation case filed on behalf of former Defence Minister Colonel (Retired) Mohamed Nazim against Police Commissioner Hussain Waheed.

Briefing the press today on the status of several cases relating to Nazim’s arrest and prosecution on charges of weapons possession, terrorism and treason, Hameed revealed that the Civil Court refused to accept the defamation case on the grounds that the police chief has legal immunity for statements made in his official capacity.

Nazim’s lawyers sued Waheed for telling the press on January 29 that an improvised explosive device was found in Nazim’s home.

Hameed said at the time that the explosive device had not been found during the initial search, and was not listed in a record of items found, explaining that police only announced its discovery days later after an analysis conducted without independent oversight.

The legal team would request a review of the Civil Court registrar’s decision, Hameed told the press today, contending that the immunity was specified in a regulation pre-dating both the 2008 constitution and the Police Act.

The legal team was also awaiting replies from the Civil Court regarding lawsuits against Prosecutor General (PG) Muhthaz Muhsin for alleged violations of Nazim’s constitutional rights and “malicious prosecution” of his wife, Afaaf Abdul Majeed.

The PG office withdrew charges of weapons possession against Afaaf on February 25.

Afaaf has also sued PG Muhsin for defamation.

Hameed also revealed that the PG office yesterday declined to provide information requested under the Freedom of Information (FoI) Act. The legal team has subsequently filed a case against the PG office at the Civil Court.

The Police Integrity Commission (PIC) has meanwhile met Nazim today to seek a statement for its investigation of a complaint regarding Police Commissioner Hussain Waheed, Hameed noted, adding that the Human Rights Commission of Maldives was also investigating a similar complaint.

The legal team also submitted complaints to the PIC regarding the SWAT team involved in the midnight raid, Hameed said, adding that the PIC has said it was in the process of gathering information in response to a separate FoI request.

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Fingerprints on confiscated pistol did not match Nazim’s, lawyers reveal

Fingerprints lifted from a pistol confiscated from Colonel (Retired) Mohamed Nazim’s residence did not match the former defence minister’s print, Nazim’s legal team has revealed.

At a press briefing this afternoon, Nazim’s lawyer, Maumoon Hameed, explained that a police forensic report shared with defence lawyers stated that “latent prints” from the weapon did not match either Nazim or any of his family members.

“This proves that their evidence has no connection to Colonel Mohamed Nazim,” Hameed contended.

Nazim is currently on trial on charges of illegal weapons possession after police raided his apartment on January 18 and discovered a pistol and three bullets in a bedside drawer. Nazim was subsequently dismissed from the cabinet and arrested on additional charges of treason and terrorism.

Hameed noted that the fingerprints must belong to a “third party” but police have not made any attempt to identify the source of the prints during the investigation after receiving the forensic report on January 20.

Police hastily concluded the investigation on February 9 and forwarded the case to the Prosecutor General’s (PG) office, Hameed added.

Police have so far not responded to requests for an independent forensic examination of the evidence and other information relating to the case, he noted.

In a statement last month, police denied allegations made by Nazim’s legal team that police planted the pistol in the then-defence minister’s apartment to “frame” him, insisting that “nothing was done in violation of procedures, regulations and laws in the investigation of the case.”

Jumhooree Party MP Abdulla Riyaz, a former police commissioner and member of Nazim’s legal team, meanwhile questioned why police did not take video footage of the “forced entry” and midnight raid on January 18.

Riyaz also alleged that police did not take fingerprints from Nazim’s bedside drawer.

Riyaz urged President Abdulla Yameen to initiate an independent inquiry into the incident, contending that Nazim should be immediately released in light of the forensic evidence.

Riyaz reiterated that Nazim was being “framed” by political rivals to “destroy his political career,” adding that Nazim’s “unlawful arrest” would be investigated “some day” in the future.

Adhaalath Party Spokesperson Imran Zahir expressed concern over “obstacles to a free and fair trial” for Nazim due to several irregularities in the trial.

Zahir called on the PG office and Judicial Service Commission (JSC) to arrange for an open and public trial at a larger venue as only six members of the public were allowed into the Criminal Court to observe proceedings.

While Nazim has offered to bear the expense for a public trial at the Dharubaaruge Convention Center in Malé if the state was unable to do so, judges refused the request at a hearing earlier this week.

Anonymised witnesses

At this week’s hearing of Nazim’s trial on illegal weapons possession, lawyers objected to witness statements from 13 anonymised police officers submitted by the prosecution.

Noting that the PG office has redacted the names of the witnesses as well as other details, Hameed said defence lawyers could neither rebut nor impeach anonymous witnesses as it would be impossible to determine if the officers had in fact been present on the scene during the raid.

The state prosectors’ claim that anonymising the police witnesses to ensure their safety was not a reasonable justification without establishing that either Nazim, his family, or supporters have threatened or intimidated witnesses.

The justification was “laughable” as police have said the SWAT team officers involved in the raid were the most highly-trained in the force, he added.

Hameed questioned the officers’ training “if any of them are trembling with fear of Colonel Nazim, or his wife”, adding that it was more likely that they want to remain anonymous to “impede assessment” of their testimony.

Moreover, police and military officers have openly testified at former President Mohamed Nasheed’s trial, Hameed noted, adding that the opposition leader has the support of 45 percent of the electorate.

Hameed accused PG Muhthaz Muhsin of dereliction of duty and failing to protect Nazim’s fundamental rights.

At a High Court hearing on the legitimacy of the search warrant authorising the raid, Hameed said the PG office suggested that the Criminal Court should rule on the legality of the warrant during the trial and the High Court had concurred.

However, Hameed said prosecutors remained silent when Nazim’s lawyers raised the issue at this week’s Criminal Court hearing, after which  Judge Yoosuf Abdul Bari Yousuf had said the defence’s request had been noted and asked Hameed to speak on the evidence itself.

“This goes to show that the Prosecutor General does not want to afford these rights. It shows that the Prosecutor General is attempting to impede Colonel Mohamed Nazim from raising these legal points. We note our concern over this and appeal to [PG] not to act like this,” he said.

Related to this story:

Evidence against Nazim consists only of 13 anonymised police statements

Ex-Defence Minister calls for an open, public trial

No hope for fair trial, says former defense minister’s family

Nazim accused of conspiring with Villa group to harm state officials

Ex defense minister’s wife charged with illegal weapons possession

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“A brutal government will not last too long,” says Sheikh Imran

Adhaalath Party President Sheikh Imran Abdulla has said a “brutal government will not last for too long” in a tweet this morning.

The tweet follows a statement from the Adhaalath Party last night in which the party said its council has decided to “remain in the path of speaking the truth and calling on the government and state institutions to reform actions that are against the laws and regulations, as well as Islam.”

The party currently holds the Islamic Affairs portfolio in President Abdulla Yameen’s cabinet. The new statement appears to be an indication it might join the opposition Jumhooree Party (JP) and Maldivian Democratic Party (MDP) alliance.

Despite the Adhaalath Party’s reluctance, Sheikh Imran has been highly critical of President Yameen following the arrest of former Defense Minister Mohamed Nazim over a controversial weapons find at his apartment during a midnight police raid on January 18.

In an appearance on Villa TV on Tuesday night, Imran said it was time “for the people who value our nation’s freedom and peace to stand up for the country.”

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Ooreedoo introduces new data packages with free Facebook and Twitter

Telecom provider Ooreedoo has introduced new “Best and Biggest” mobile data packages with free usage of Facebook and Twitter and a data allowance up to 200 gigabytes.

“We’re giving the biggest data allowance available in the country for your smartphone – with 200GB, you can do everything and more. And with free access to Facebook and Twitter, we’re making it even easier to be connected to life online,” said Ooredoo Commercial Director S.P Sarathy.

Prince ranges for the data packages vary from a MVR 99 for 500 Megabytes of data, upto MVR 5699 for the 200 Gigabytes package.

According to Ooredoo, the newly introduced packages are available to both Ooredoo prepaid and pospaid customers and can be activated any time by dialing *929#.

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Young man stabbed in the neck in Malé

A young man has been stabbed in the neck on Wednesday night near Reefside Shop in Malé, local media have reported.

According to Haveeru, Mohamed Nazeem was injured in a gang fight and has been hospitalized at the ADK Hospital. He remains in critical condition.

Gang violence has been on the rise in recent weeks after 24 year old Jailam Ahmed Shakir was stabbed to death on February 22.

Eyewitnesses told Minivan News that Jailam was stabbed numerous times by two men armed with machetes as he was sitting outside his house.

Police have arrested an individual in relation to Jailam’s death and remanded his detention for 15 days.

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Maldives participates in ITB Berlin fair

A total of 194 representatives from 75 tourism companies represented the Maldives this year at the InternationaleTourismus-Börse (ITB) travel trade show in Berlin.

The Maldives delegation was led by the Managing Director of Maldives Marketing and Public Relations Corporation (MMPRC) Mr. Abdulla Ziyath.

The MMPRC designed a new stand for the Maldives this year. The new design concept of the stand would allow for better business to business meetings in a modern setting with attractive imagery of the country.

“The stand has an interactive area for display of handicraft activity and cultural performances, and a more serene spa area to highlight on the relaxation and rejuvenation segment,” a statement by the MMPRC read.

“Furthermore, Maldivian gastronomy will be an added highlight at the stand through Maldivian made short eats.”

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14 MDP women arrested from “last warning” protest at airport

The Maldives Police Services arrested 14 opposition Maldivian Democratic Party (MDP) female activists at 3:00pm from a protest at the Ibrahim Nasir International Airport (INIA).

The women were carrying posters calling for the release of former President Mohamed Nasheed, currently in police custody until the end of a controversial terrorism trial.

The MDP this week scaled up its protests, with letter campaigns, daily protests and motor cycle rallies under the banner “a last warning.”

A police spokesperson said the Freedom of Assembly Act bars protests at airports. Among those arrested are Deputy Mayor and MDP Women’s Wing President Shifa Mohamed and Women’s Wing Vice President Shaneez ‘Thanie’ Saeed.

Nasheed is charged with terrorism over the military detention of Criminal Court Chief Judge Abdulla Mohamed in January 2012. The charges come amidst increasing tension in the Maldives following the MDP’s alliance with former ruling coalition partner Jumhooree Party (JP).

Shortly after the alliance was formed, police arrested President Abdulla Yameen’s Defense Minister Mohamed Nazim over a controversial weapons discovery at his house during a midnight raid.

Last warning

Speaking to Minivan News, MDP Vice President Mohamed Shifaz said President Yameen had failed to listen to the people despite over 10,000 people taking to the streets in protest of what they call a lurch towards authoritarianism on February 27.

“On February 27 the people of Maldives showed that they are against the unjust prosecution of President Nasheed. But the government did not listen. So we will escalate our activities and see how far we have to go in order for the government to listen to us,” he said.

The MDP has planned a boat protest on the seas near Malé at 4pm on Friday and a rally in Malé on Friday night.

“This is a warning call. The government has to listen to its people,” Shifaz said.

The MDP claims the terrorism charges against Nasheed are unjust and have pointed to several irregularities in the trial, including two of the three judges in Nasheed’s trial having provided witness statements during a 2012 investigation into Judge Abdulla’s arrest.

The judges refused to step down from the bench and have ordered state prosecutors and defense lawyers not to name them as witnesses.

President’s Office Spokesperson Ibrahim Muaz Ali said the government welcomed peaceful political activity conducted within the limits of the Constitution.

“Violating the rights of people who are not joining your cause, or damaging their businesses and goods are not activities within the boundaries of the law,” he said.

Meanwhile, Commissioner of Police Hussein Waheed today said the opposition’s protests were aimed at discrediting and defaming the police, and said the police force had always followed best practices and continued to respect human rights in its interactions with protesters.

Police ranks would remain united despite the opposition’s attempts to disrupt public order through its daily protests, Waheed told 31 officers participating in a public order training today.

“Unfair verdict”

Speaking to opposition aligned Raajje TV, MDP Chairperson Ali Waheed today said the party would not respect an unfair verdict against Nasheed.

“We are in this struggle assuming there is a verdict against President Nasheed already. But we will not consider Nasheed’s candidacy to be void even due to this verdict, because this trial is unjust,” Waheed said.

Waheed’s comments came after a joint MDP and JP meeting with Home Minister Umar Naseer this morning.

He dismissed rumors that MDP would hold a General Assembly and elect a new President if Nasheed is convicted.

“MDP will not go on with our usual political agenda after sacrificing Nasheed’s freedom. That will not happen as long as I am the Chairperson of the party. We will not stop our work until we find solutions to the present problems and we will explore all channels in doing so.”

Waheed warned the government of increased unrest if Nasheed is to be jailed and called on the government to initiate reconciliatory talks.

“The government is mistaken if they think Maldives will stay calm after unjustly imprisoning Nasheed. Maldives will slide back 30 years. We will not stop our work to free President Nasheed. I want to say to the government that our nation will only be calm if our problems are sorted out through reconciliation,” he warned.

Despite the government’s claim it has no power over Nasheed’s prosecution, Waheed argued the responsibility rests on President Yameen’s shoulder.

“I believe the judiciary and other independent institution need to be reformed. But considering the situation of the nation we can’t blame them alone. President Yameen has to take full responsibility.”

Nasheed will come back stronger, he assured party members.

“In the few minutes that I was able to meet with Nasheed in Dhoonidhoo I saw confidence in him. He has sacrificed all his life for this ideology, for MDP. God willing Nasheed will come back even stronger.”

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MDP-JP seeks “national reconciliation” at meeting with Home Minister Umar Naseer

Leaders of the opposition Maldivian Democratic Party-Jumhooree Party (MDP-JP) alliance met Home Minister Umar Naseer today to seek the release of former President Mohamed Nasheed and former Defence Minister Colonel (Retired) Mohamed Nazim.

Speaking to reporters after the meeting this morning, MDP Chairperson Ali Waheed said the opposition leaders told the home minister that the present state of the country was such that “a national reconciliation” was necessary.

“And we said the opposition is ready to listen to what the government has to say,” he said, noting that the leaders discussed “the intensity of the current political turmoil”.

Both sides agreed not to reveal further details to the media in the interests of “constructive diplomacy,” Waheed said, adding that the opposition hoped to receive a response from the government.

The opposition would continue its protests calling for the release of Nasheed, Nazim and others arrested during anti-government demonstrations, Waheed continued, but “the discussion table should be always be open.”

JP Leader Gasim Ibrahim meanwhile said the opposition leaders stressed the importance of peacefully resolving the current political crisis to ensure economic and social stability.

“Home Minister Umar Naseer said he would take [the concerns] to the president,” Gasim said.

The opposition alliance revealed on Tuesday night that President Yameen rejected a request for a meeting to discuss 13 demands issued at a mass rally on February 27. JP Deputy Leader Ameen Ibrahim told the press that President Yameen responded to a formal request by stating that he was only willing to meet if the opposition wished to discuss matters that were beneficial to the public.

President’s Office Spokesperson Ibrahim Muaz Ali told local media yesterday that the president did not have the authority to release suspects in detention while on trial, noting that the judiciary was an independent branch under separation of powers.

The president was open to discussions if the opposition proposed matters that were both beneficial to the public and within the president’s powers and constitutional responsibilities, he said.

In a tweet yesterday, Home Minister Umar Naseer said the meeting should not be interpreted as “negotiation” between the government and the opposition.

Also present at the meeting were Ibrahim ‘Ibu’ Mohamed Solih, MDP parliamentary group leader as well as JP MPs Ilham Ahmed, Abdulla Riyaz, and Hussain Mohamed.

In addition to the release of Nasheed and Nazim, the opposition’s demands included repealing amendments to the Auditor General’s Act that saw the removal of former Auditor General Niyaz Ibrahim, empowering local councils, and investigating serious corruption allegations against senior government officials.

Other demands issued at the protest march included continuing electricity subsidies, fulfilling campaign pledges to provide subsidies to fishermen and farmers, and reversing a decision to impose import duty on fuel.

Related to this story

President Yameen rejects request for meeting to discuss MDP-JP demands

February 27 a historic success, claims opposition

10,000 protest in Malé, call for President Yameen’s resignation

It’s time for Adhaalath Party to stand up for Maldives, says Sheikh Imran

Villa Group ordered to pay US$100 million in 30 days

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Nasheed contests credibility of police and military witnesses in terrorism trial

Former President Mohamed Nasheed has contested the credibility of police and military officers as state witnesses in a terrorism trial over the military’s detention of Criminal Court Chief Judge Abdulla Mohamed in January 2012.

Judge Abdulla’s arrest sparked 22 consecutive nights of violent anti-government demonstrations that culminated in a police and military mutiny on the morning of February 7, 2012, forcing President Nasheed to resign in what he subsequently called a “coup d’etat.”

The opposition leader, who has denied ordering the arrest of Judge Abdulla, contended the role of the police and military officers in his February 2012 ouster and Judge Abdulla’s arrest raised questions over their credibility.

Chief Inspectors of Police Ahmed Shakir and Mohamed Jamsheed testified at a third hearing last night, and claimed Nasheed —in a meeting with senior police officers on January 18— had said he would not allow Judge Abdulla within 100 feet of the courthouse.

The Criminal Court blocked Nasheed’s lawyers’ attempts to determine credibility of witnesses, at times ordering lawyers to focus on the content of the statement rather than the identity of the witness or the level of their involvement in the events of February 7.

Presiding Judge Abdulla Didi said judges would decide how much weight each witnesses’ statement would carry.

The three judge panel—Didi, Abdul Bari Yoosuf and Sujau Usman—also refused to revise its ruling to keep Nasheed in police custody until the end of the trial.

Credibility

Shakir told the court Nasheed in the January 2012 meeting had said Judge Abdulla was destroying the criminal justice system, and undermining the judicial watchdog Judicial Services Commission (JSC) by disobeying its orders, and would bar him from within 100 meters of the courthouse.

A visibly nervous Jamsheed, however, first said he had also heard Nasheed say he would order the arrest of Judge Abdulla at the meeting with police officers.

When Nasheed’s lawyers pointed out the January 18 meeting had taken place after the judge’s arrest, Jamsheed said he had heard Nasheed say the judge must be isolated.

Lawyer Abdulla Shaairu then questioned Jamsheed on his whereabouts on February 7, whether he had been active inside or outside the police head quarters, and when he had received a promotion from Inspector to Chief Inspector.

When state prosecutors objected to the questions, Shaairu said the defence must determine if witnesses had any animosity towards Nasheed, given their role in the events leading up to his resignation.

Judge Yoosuf then directly asked Jamsheed whether he harboured any animosity towards Nasheed, and defence lawyers immediately objected to the bench’s questions, saying judges were “putting words in the witnesses’ mouths.”

Judge Didi dismissed the defence’s claim, saying judges regularly posed questions to witnesses.

Custody

Lawyer Ibrahim Riffath appealed to judges to release Nasheed from detention, stating the High Court had rejected the former president’s appeal of the Criminal Court’s decision to deny him bail.

Despite lawyer’s assurances to the contrary, the Criminal Court said they feared Nasheed may abscond from trial and rejected the request.

Nasheed was denied legal representation during his first hearing. He was arrested on February 22, and his trial under new charges of ‘terrorism’ began the next day.

Speaking to the press outside, lawyer Hisaan Hussain said the High Court threw the appeal out, claiming the Criminal Court’s detention ruling was in fact a court summons.

In a statement before the trial began, the lawyers expressed concern over inadequate time to prepare their case. In a March 2 hearing, the legal team requested 30 days to mount a credible defence, but judges gave them one day.

The Criminal Court, however, has argued Nasheed’s team has had case documents for three years, as the new terrorism charges are based on the same documents as a previous arbitrary detention charge, now withdrawn.

The statement also noted the judges’ refusal to withdraw from the bench on the March 2 hearing, despite their involvement on the scene during Judge Abdulla’s arrest and involvement as witnesses during the police and Human Rights Commission investigation.

The next hearing is to be held at 9pm tonight.

Related to this story

Judges Didi and Yoosuf refuse to step down from Nasheed’s terrorism trial

Nasheed denies ordering Judge Abdulla arrest, granted three days to answer charges

Former President Nasheed arrives in court with arm in makeshift sling

Nasheed denied right to appoint lawyer and appeal “arbitrary” arrest warrant, contend lawyers

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