March 7, 2015 – Minivan News

Adeeb framed Nazim after fallout over Malé City’s Areca palms, lawyers claim

Tourism Minister Ahmed Adeeb threatened to “destroy” former Defence Minister Mohamed Nazim two months before police raided the retired colonel’s apartment and discovered a pistol and bullets, Nazim’s lawyer has alleged.

Presenting the defence’s opening statement at today’s hearing of Nazim’s trial on charges of weapons possession, Maumoon Hameed claimed Nazim had found out in October last year that Specialist Operations (SO) police officers chopped down the city council’s areca palm trees on Majeedhee Magu on orders from Adeeb.

Upon learning that the defence minister had complained to President Abdulla Yameen of the incident, Hameed claimed Adeeb called and threatened Nazim in a conference call with Home Minister Umar Naseer.

Hameed said Naseer had expressed his displeasure regarding the threats in a text message to President Yameen.

The police professional standards command subsequently discovered that money was deposited to the bank accounts of the SO SWAT team officers, Hameed claimed.

Hameed said the SO officers learned of Nazim’s objections to the president and bore animosity towards the then-defence minister, alleging that the same officers involved in chopping down the areca palm trees comprised the SWAT team that raided Nazim’s apartment in the early hours of January 18.

Fabricated

During the opening statement, Judge Abdul Bari Yousuf repeatedly interrupted Hameed, advised the lawyer not to mention persons not involved in the case, and asked what the allegations had to do with the charges.

Hameed said the basis of the defence was that the evidence against Nazim was “fabricated” in order to “frame” him, alleging that Adeeb – also deputy leader of the ruling Progressive Party of Maldives (PPM) – had planned and orchestrated the setup.

Hameed told the press last week that a police forensic report shared with defence lawyers stated that fingerprints lifted from the weapon did not match either Nazim or any of his family members.

Adeeb had also called Nazim two days before the raid and asked where he lived and how many rooms were in his apartment, Hameed continued, noting that Adeeb had previously been to the apartment for tea.

Judge Bari suggested that Adeeb could have forgotten the address.

Shocked

Speaking to Minivan News today, Adeeb said he was “very shocked” to hear of the serious allegations, which he dismissed as “all lies” and “very weak”.

Adeeb said he regretted that the trial was becoming “politicised” and suggested that the ex-colonel’s lawyer and not Nazim himself was responsible for the allegations.

Nazim was a close friend, he added, and the pair had discussed official matters up until the former Defence Minister’s arrest.

Adeeb noted that Nazim did not mention any of the allegations at a press conference after his dismissal from the cabinet.

Hameed did not have any experience in criminal defence, Adeeb continued, suggesting that he might bear a grudge for not being appointed Prosecutor General last year.

In July 2014, parliament approved Muhthaz Muhsin as PG after PPM MPs decided to endorse the former Criminal Court judge despite the party’s leader, former President Maumoon Abdul Gayoom, urging ruling party MPs to vote for his nephew Maumoon Hameed.

Hurried trial

State prosecutors will present anonymous testimony by three officers involved in the raid, a crime scene report by police officer Mohamed Areef, a report on the weapons authenticity by MNDF’s Mohamed Nazeem and a confidential letter from the army stating the pistol and bullets did not belong to the state.

Confidential documents from a pen drive confiscated from Nazim’s apartment will also be presented to show the former Defence Minister harbored the intent to use and was capable of using the pistol, state prosecutor Adam Arif said.

Further evidence includes a statement by Nazim in which he “admitted” the police had discovered the weapons in his presence, Arif continued.

The Prosecutor General’s Office is also awaiting analysis of DNA samples lifted from the weapons, he added.

Hameed, then contended the state had filed charges without completing a full investigation, and appealed to judges’ to dismiss the state’s case.

Noting the Constitution declares any evidence obtained unlawfully as inadmissible, Hameed once again pointed to what he called several irregularities during the police raid.

Judge Yoosuf, however, told Hameed to focus on the content of the evidence, stating the bench had taken note of the defence’s concerns.

The Criminal Court gave Nazim three days to submit evidence in his defense, and denied a request to review its decision to keep the former Defence Minister in police custody until the end of the trial.

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26 arrested in MDP’s all day protests

The Maldives Police Services arrested 26 protesters from opposition Maldivian Democratic Party’s (MDP) “last warning” rally in Malé last night.

MDP MP Fayyaz Ismail, Vice President Mohamed Shifaz, former MP Ilyas Labeeb and three minors were among those arrested between 10:30pm and 1am. Police claimed the protest was not peaceful.

Fayyaz and two others have since been remanded for 15 days. The rest have been released on the condition they do not participate in protests again.

Protesters had called for the release of former President Mohamed Nasheed, who remains imprisoned amidst a terrorism trial over the military detention of Criminal Court Chief Judge Abdulla Mohamed in January 2012.

Two journalists from Villa TV and CNM were briefly detained last night for allegedly “obstructing police duties.”

Specialist Operations (SO) officers charged into the crowd of protesters several times throughout the night, using pepper spray indiscriminately.

Meanwhile, approximately 200 MDP supporters took to the seas at 4pm, traveling near Dhoonidhoo Island Detention Center where Nasheed is imprisoned. Hundreds more staged a motor cycle rally in Malé simultaneously.

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

The largest opposition party last week scaled up protests, with letter campaigns, daily protests and motorcycle rallies under the banner “Warning!”

Warning!

Hundreds set out from Usfasgandu at 9pm, and split at the Majeedhee Magu and Sosun Magu junction. Those on foot headed down Medhuziyarai Magu, while hundreds on motorbikes headed down Majeedhee Magu.

When protesters reached the former presidential palace at Muleeage, SO officers in riot gear charged into the crowd and arrested Shifaz, Fayyaz, and Ilyas. The MDP in a statement immediately condemned the police’s alleged targeting of its leadership.

Police pushed some protesters back to Sosun Magu, and chased others into the narrow lanes behind the People’s Majlis.

Protesters quickly regrouped near the Seagull café on Chaandhanee Magu, but riot police once again pushed them back to Majeedhee Magu.

On a live blog at 11pm, the police claimed masked individuals had threatened to kill police officers. Journalists on the scene observed police made no move to arrest the masked individuals.

The MDP in a statement this morning claimed: “The police have allowed armed gangs, loyal to the government, to attack pro democracy protesters. There have also been reports of masked police in plainclothes attacking members of the public during these protests. No action has been taken against these individuals.”

“Also of concern is the intimidating and confrontational nature of the Police who dismantle these protests. Police arbitrarily announce areas where the public cannot assemble, closing down main roads at random. Protesters have been heavily pepper sprayed, and masses of riot Police have charged at peaceful protesters on the capital city’s busiest roads,” the statement added.

The police have also banned protests near the Malé City Hall until March 15, claiming businesses in the area had been complaining over protesters allegedly disrupting business.

As the confrontation with police and protesters went on, pictures started circulating on social media depicting Maldives National Defense Force (MNDF) officers carrying firearms. The MNDF immediately dismissed the pictures as false.

Confrontation at sea

Prior to the rally, approximately 200 protesters took to the sea on six vessels. The boats departed from the T-Jetty at 4pm, calling for the immediate release of Nasheed, former Defence Minister Mohamed Nazim and all activists arrested at recent protests.

Nazim, charged with importing and possessing illegal weapons, is in police custody until his trial concludes.

After circling Malé City, the boats headed for Dhoonidhoo Island, where several coastguard and police vessels had set up a barricade. Police speedboats circled around the protesters, creating waves that rocked the boats wildly.

In a statement afterwards, police warned it would check the boats used for the protest to ensure they met all safety standards and take legal action against any boat that had carried more passengers than its carrying capacity.

On Thursday, 14 MDP women were arrested from a protest at the airport. They were released the next day.

The MDP along with opposition Jumhooree Party staged a 10,000 strong rally in Malé on February 27, and issued 13 demands on President Abdulla Yameen, including Nasheed and Nazim’s release. The government has refused to initiate talks, claiming the demands were not beneficial to the public.

Related to this story

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

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

February 27 a historic success, claims opposition

Hundreds march in support of President Yameen

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Indian Prime Minister Modi cancels Maldives trip

Indian Prime Minister Shri Narendra Modi has dropped the Maldives from an upcoming tour of Indian Ocean neighbours.

The Indian Ministry of External Affairs announced in a statement yesterday that the prime minister would visit Seychelles, Mauritius and Sri Lanka from March 10 to 14, but gave no explanation for the omission of Maldives from the itinerary.

The cancellation comes amidst nightly anti-government protests and heightened tension sparked by the arrest and prosecution of former President Mohamed Nasheed on February 22.

The Maldives Foreign Ministry claimed in a statement yesterday that the prime minister’s visit “has been postponed to a later date by mutual agreement.”

“The dates for the visit were being discussed between the Maldives and India and both countries have decided to postpone the visit to a later date to give more time for both countries to prepare well for the visit. New dates will be announced once finalised between the two countries,” reads the statement.

President’s Office Spokesperson Ibrahim Muaz Ali insisted that there was “no connection between Nasheed’s trial” and the postponement.

However, President’s Office Minister Mohamed Hussain Shareef ‘Mundhu’ told the Associated Press (AP) that Maldives had been on Modi’s itinerary and the country had made extensive preparations for the maiden visit.

Mundhu said the Indian government informed the Maldives the visit was cancelled because the “local environment is not conducive.”

“He says India was not more specific,” AP reported.

Local media had reported last month that Modi was due to visit the Maldives on March 15 during the regional tour whilst Foreign Minister Dunya Maumoon announced the trip following a meeting in New Delhi with External Affairs Minister Sushma Swaraj.

The opposition Maldivian Democratic Party (MDP) has welcomed the prime minister’s decision, characterising the cancellation as “a clear sign of Prime Minister Modi’s commitment to democracy and stability in the Maldives.”

“The people of the Maldives will always welcome the Prime Minister of India to the Maldives. The MDP regrets the authoritarian actions and confrontational nature of President [Abdulla] Yameen that has resulted in the Indian PM Modi cancelling his first visit to the Maldives,” said Spokesperson Hamid Abdul Ghafoor.

“The MDP has always believed in strong regional partnerships to ensure stability and security of the Indian Ocean. India has been our closest friend, and we hope that Yameen takes swift action to restore the Maldives-India relationship.”

Domestic issues

Indian media reported diplomatic sources as saying that the Indian government did not want to be seen “involved in domestic issues” of the Maldives.

“Sources said the government was taken by surprise over the treatment of former President Mohammad Nasheed, who was arrested and charged with treason and roughed up by the police on the way to court,” reported The Hindu newspaper.

A day after his arrest, Nasheed appeared in court for the first hearing of his trial on terrorism charges with his arm in a makeshift sling after police manhandled and dragged the opposition leader into the court building when he attempted to speak to reporters.

The incident prompted official spokesperson at the Indian Ministry of External Affairs, Syed Akbaruddin, to express concern over the developments, “including the arrest and manhandling of former President Nasheed,”

“But our concerns haven’t been heeded, and in this situation it makes little sense for the Prime Minister to visit,” a senior Indian official told The Telegraph.

“His trip would be pitched by the Male government as an endorsement of its policies.”

Shortly after Nasheed’s arrest on February 22, the Maldives foreign ministry tweeted: “The impending visit of PM Modi is a clear reflection of the warm friendship between India and President Yameen’s Government – FM Dunya.”

The Telegraph meanwhile quoted a second Indian official as suggesting a Chinese role in the recent developments.

“Without a concrete commitment from the Chinese, there is no way the Maldives would take on India the way they have,” the official was quoted as saying.

“I’m not saying the Chinese are orchestrating this, not at all, but the Maldives government is using China’s support to challenge us.”

Asked at a regular press conference on February 25 about China’s view on the situation, Chinese Ministry of Foreign Affairs’ Spokesperson Hong Lei said the issue was “a domestic matter of the Maldives.”

“China upholds the principle of non-interference in other countries’ domestic affairs. We believe the Maldivian side can deal with its domestic affairs properly,” he said.

Foreign Minister Dunya had meanwhile dismissed statements expressing concern with Nasheed’s prosecution by the Commonwealth, India, Canada, UN and the EU.

“The Government of President Abdulla Yameen Abdul Gayoom will not take instructions from a foreign government on any issue in governing the country,” she declared.

In his address to the nation on the occasion of Republic Day (November 11) last year, President Yameen slammed “Western colonial powers” and declared his administration was “looking East” towards China.

Related to this story:

Asking Maldives to abide by commitments “not undue interference,” says UK High Commissioner

EU, UN join international chorus of concern over Nasheed’s arrest, terrorism trial

Foreign Minister Dunya slams Canada, Commonwealth statements on Nasheed prosecution

Nasheed calls for Indian protection in state of emergency

Chinese documents show silk route was discussed with India: Foreign ministry

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PG threatens legal action against Nazim’s lawyers

The Prosecutor General’s Office has threatened legal action against former Defence Minister Mohamed Nazim’s lawyers over alleged attempts to unduly influence the retired colonel’s ongoing trial.

In a press statement issued Thursday night following a press conference by Nazim’s legal team, the PG office contended that making “indirect allegations” and public statements that undercuts evidence before it is presented at trial was tantamount to obstruction of justice.

“Therefore, we notify that we will be taking necessary action through the relevant institutions concerning statements by representatives of [the defendant] outside of court that directly influences an ongoing case in a court of law,” the PG office warned.

The statement added that the PG office could not respond to “every accusation repeatedly made through the media in a way that brings this institution into disrepute.”

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. He was subsequently dismissed from the cabinet and arrested on additional charges of treason and terrorism.

At a press briefing yesterday, Nazim’s lawyer, Maumoon Hameed, revealed that a police forensic report shared with defence lawyers stated that fingerprints lifted from the weapon did not match either Nazim or any of his family members.

Moreover, at last week’s hearing of Nazim’s trial, 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 told the press yesterday that defence lawyers could neither rebut nor impeach anonymous witnesses as it would be impossible to determine if the officers had been present during the midnight 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, Hameed argued.

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.

However, the PG office statement insisted that anonymising witnesses out of fear they might face physical harm was an established legal norm in the Maldives.

Nazim’s legal team maintains that the former defence minister was “framed” and that the pistol was planted, allegations denied by police who insist that “nothing was done in violation of procedures, regulations and laws in the investigation of the case.”

At Thursday’s press briefing, Hameed also accused PG Muhthaz Muhsin of dereliction of duty and failing to protect Nazim’s fundamental constitutional rights.

In July 2014, parliament approved Muhsin as PG after MPs of the Progressive Party of Maldives (PPM) decided to endorse the former Criminal Court judge despite the party’s leader, former President Maumoon Abdul Gayoom, urging ruling party MPs to vote for his nephew Maumoon Hameed.

Hameed subsequently criticised the PPM MPs’ decision on his Facebook page.

“The reasoning behind the decision of the PPM parliamentary group this afternoon apparently went something like this: ’He won’t do as he’s told!’” he wrote.

“Given this reasoning, and the evident desire to install a puppet instead of someone who will uphold the law without fear or favour, I applaud the decision to endorse someone (anyone!) other than me.”

Related to this story:

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

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

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