High Court, citing lateness, rejects murder acquittal appeal

The High Court has rejected an appeal filed by the state over the criminal court’s acquittal of a man accused of killing his girlfriend, stuffing her body into a suitcase, and dumping it at a construction site in Malé.

The appellate court’s registrar rejected the appeal because it was filed after a shortened ten-day appeal period.

The Prosecutor General’s Office has blamed the delay on the criminal court’s failure to provide required court documents on time.

The Supreme Court in January shortened the 90-day appeal period to 10 days by striking down a provision in the Judicature Act.

The PG office says it plans to contest the registrar’s decision.

“We filed the appeal within 10 days of receiving court documents from the criminal court. We hope the High Court will accept this case given its sensitive nature,” said public prosecutor Ahmed Hisham Wajeeh.

The criminal court in May ruled that the state had failed to submit conclusive evidence against Mohamed Najah.

Delivering a verdict five years after the murder trial began, chief judge Abdulla Mohamed said Najah had denied charges and that testimony by the prosecution’s witnesses did not indicate Najah had committed any acts to murder Mariyam Sheereen.

The 30-year-old woman’s body was found hidden under a pile of sandbags in a construction site in January 2010. Najah was accused of taking the suitcase to the vacant building in a taxi.

Police showed CCTV footage of Najah dragging the suitcase and said that the DNA samples from the bag matched Sheereen’s. The driver of the taxi that Najah took also testified at the trial.

The couple were living together in an apartment in Maafannu Kurahage. Witnesses had testified to hearing Najah threaten to kill Sheereen and told the court that she was last seen entering the apartment on the night she went missing.

Prosecutors told the court that Najah had entered and left the apartment several times, locking the door each time, and was later seen leaving with a suitcase.

Judge Abdulla, however, said that the taxi driver had only said he had transported Najah with a heavy suitcase and had said that he had smelled a foul scent only after Najah left the cab.

The three doctors who examined Sheereen’s had not been able to determine the cause of death, he noted.

The chief judge has been accused by the opposition of corruption and bribery. Charges have never been proved. Former President Mohamed Nasheed – who was found guilty of terrorism charges over the military’s detention of judge Abdulla in January 2012 – had said the judge was suspected of involvement in a “contract killing.”

Nasheed’s lawyers say they were unable to file an appeal of his 13-year-jail term because the criminal court had failed to provide court documents on time. The government, however, insists the opposition leader can still appeal.

A High Court official previously told Minivan News that judges can accept late appeals if a reasonable justification is given, such as the lower court’s failure to provide detailed reports.

But Nasheed’s lawyers say there is no legal avenue to file an appeal, because the Supreme Court has removed the High Court’s discretionary powers to accept late appeals in the same ruling that had shortened the 90-day appeal period.

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Vice president labels impeachment a ‘constitutional coup’

Vice President Dr. Mohamed Jameel has called his party’s attempt to remove him a “constitutional coup” and suggested that the international community should intervene.

Speaking to the New Indian Express from London on Tuesday, Jameel said, “This is a constitutional coup in the guise of constitutional reforms.”

The ruling Progressive Party of Maldives (PPM) submitted a resolution to impeach Jameel with cross-party support. A two-thirds majority or 57 votes is required to impeach the president or the vice-president.

The petition was submitted with 61 signatures. PPM MPs have publicly accused Dr. Jameel of incompetence and disloyalty.

“There is a complete disregard for parliamentary procedure just to get the tourism minister after me. This is personal vengeance,” Jameel said.

Jameel, who reportedly sounded anxious, told the New Indian Express: “Friends of Maldives should step in..They understand what’s happening.”

When asked if he meant Indian government should intervene, he added: “I don’t need to spell it out. But, it is clear what their role should be”.

The vice president broke his long silence on the imminent impeachment with a statement on Twitter yesterday. “It is a violation of the people’s rights when a party or an organization, at their whim, without any legal basis, removes an officer directly elected by them,” he wrote.

He was not responding to calls at the time of going to press.

Senior party officials have said that they are seeking to replace Jameel with Tourism Minister Ahmed Adeeb.

Jameel denied allegations of incompetency and told the New Indian Express that he had been carrying out his duty as the President Abdulla Yameen had ordered him to.

“The President has to tell me that I have not performed properly, but he never told me that,” he said.

Opposition politicians have meanwhile claimed President Yameen is fatally ill and wants a more loyal deputy ahead of a life threatening surgery. The government continues to deny rumors of the president’s health.

In the statement on Twitter, Jameel accused the PPM parliamentary group of greed and said that MPs have arbitrarily amended the constitution for their personal interests.

The parliament last week passed the first amendment to the constitution with overwhelming multi-party consensus to set the new age limits of 30-65 years for the presidency and vice presidency. Adeeb is now 33. The constitution previously stated that candidates must be 35 years of age.

Dr Jameel left to Sri Lanka last week after President Yameen authorised a medical leave. A senior PPM MP told Minivan News that Jameel had departed to the UK without informing the president’s office.

The MP said President Abdulla Yameen has asked the vice president to return to the Maldives and answer to the party’s parliamentary group about his impeachment.

However, Jameel told New Indian Express that he obtained permission before travelling to the UK and that he was attending a human rights seminar in London.

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Parliament debates lowering pension age

The parliament yesterday accepted for consideration a bill on lowering the pension age from 65 to 60 years.

The amendments proposed to the pension law by independent MP ‘Reeko’ Moosa Manik was accepted unanimously with 56 votes in favour and sent to committee for review.

The deputy speaker also proposed amending the law to allow workers to withdraw from their savings after retiring at the age of 55.

During the debate on the legislation yesterday, some MPs noted that lowering the retirement age would make 6,000 more people eligible for the MVR5,000 a month old age pension, which would cost the government MVR30 million extra a month.

State institutions had opposed a proposal to lower the retirement age in 2012.

Meanwhile, government-sponsored legislation on national disasters was also accepted for consideration at yesterday’s sitting of parliament with 54 votes in favour.

The bill proposes the formation of a ‘national disaster council’ and specifies the role of state institutions in relief efforts and mitigating the effects of national disasters.

A national plan outlining preventive measures must be formulated every five years, the proposed law states.

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Dr Bari rejoins Adhaalath Party

Former Islamic minister Dr Abdul Majeed Abdul Bari has rejoined the Adhaalath Party.

According to local media, Bari signed for Adhaalath Party on Monday, but the religious scholar has not publicly spoken about the move.

Bari served as Islamic minister under former President Mohamed Nasheed. He left the Adhaalath Party in June 2013 and signed for the main opposition Maldivian Democratic Party (MDP) ahead of the presidential election in November 2013.

Following the imprisonment of former President Nasheed in March, the Adhaalath Party formed an alliance with the MDP and launched anti-government protests under the ‘Maldivians against tyranny’ banner.

The Adhaalath Party leader, Sheikh Imran Abdulla, remains meanwhile under police custody. He was charged with terrorism and accused of inciting violence at a mass protest on May 1.

Bari has also been active in the opposition alliance.

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Murder suspect found dead

A 23-year-old man arrested on suspicion of murder last year was found dead in a residence in Malé around 10:00am on Monday morning.

According to local media, the man from Fuvahmulah was arrested in connection with the fatal stabbing of 28-year-old Ahmed Mafaz in December last year. He was reportedly released after being held in remand detention.

The police declined to reveal further details and have yet to determine the cause of death.

 

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Eight Bangladeshi men arrested for gambling

A total of eight Bangladeshi nationals have been arrested in the Maldives June on charges of gambling. They were arrested during police raids and caught with large sums of money and card decks.

Four Bangladeshi men were arrested on June 30 at 6:15am in Malé with MVR21,000 (US$1362). Another four were arrested on June 9 from suburb Hulhumalé with MVR10,000 (US$649) and a card deck.

Gambling is prohibited in Islam. It is punishable with six months in jail or a MVR150 (US$10) fine under the 1968 penal code.

There are some 124,000 migrant workers in the Maldives. A significant majority are from Bangladesh.

In December, the police arrested a Maldivian man and a woman with empty alcohol bottles and a poker set. On the same day, the police arrested 18 Bangladeshi men on suspicion of gambling with an unspecified amount of money.

According to police statements, at least 17 Bangladeshi nationals were arrested in 2013 for gambling. Eight were arrested in southern Fuvahmulah, and another nine were arrested in Addu City.

The new penal code, due to come into force in July, does not criminalize gambling.

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“I only fear Allah, not the People’s Majlis,” says vice president

Vice president Dr Mohamed Jameel Ahmed, in the first public response to his party’s attempt to impeach him, said he only fears Allah, and not the People’s Majlis or its MPs.

The no confidence motion submitted to the parliament today by 61 MPs is a motion submitted by MPs of the ruling Progressive Party of the Maldives (PPM) and their associates, and not by the people, Jameel said in a statement publicized on Twitter.

“It is a violation of the people’s rights when a party or an organization, at their whim, without any legal basis, removes an officer directly elected by them,” he said.

PPM MPs have publicly accused Jameel of incompetence and disloyalty. The ruling party is seeking to replace Jameel with tourism minister Ahmed Adeeb.

Jameel, who has remained silent on the charges against him, today accused PPM MPs of greed. They have arbitrarily amended the constitution for their personal interests, he said.

The parliament last week passed the first amendment to the constitution with overwhelming multi-party consensus to set new age limits of 30 – 65 years for the presidency and vice presidency. Adeeb is now 33. The constitution previously said candidates must be 35 years of age.

The opposition’s backing for the constitutional amendment was widely perceived to be part of a deal made in exchange for jailed ex-president Mohamed Nasheed’s transfer to house arrest.

The parliament yesterday approved changed to its standing orders to fast-track the process of impeaching the vice president. The new rules states the parliament can vote to remove the vice president without an investigation by a select committee.

Below is the full translation of Jameel’s statement:

“The no confidence motion submitted to the People’s Majlis against me today is a no confidence motion submitted by the PPM parliamentary group and their associates. I say this because Article 4 of the Constitution states that all the powers of the state of the Maldives are derived from, and remain with, the citizens. The vice president is elected through a direct vote of the Maldivian public. It is a violation of the people’s rights when a party or an organization, at their whim, without any legal basis, removes an officer directly elected by them.

Those who amended the constitution, in recent days, said the amendment was brought with the best of intentions and for the good of the nation. Their intent and motivation is now clear to the Maldivian people. The constitution, by the will of the people, dictates all the legal principles and the laws by which the Maldivian state must be governed. But, it is now very clear that all these principles, and the checks on power are being changed for a particular individual or in the interests of a certain group.

The premeditated manner and the motivation behind the undermining of the powers of the people and the changes to the governing structure are now apparent, the deception is clear. Although all the powers of the state are derived from the citizens, it is now clear to the Maldivian people that an individual or an organization will use their powers to abrogate a decision made through the direct vote of the people. There is no reason to think they will not do so again.

In this holy month of Ramadan, the Maldivian people and the nation are witnessing the greed of a few. The leaders of this attempt to undermine the people’s powers must remind themselves of the powers of the almighty and omnipotent Allah. I seek strength from Him. I only fear Him, not the People’s Majlis or the Members of Parliament.

I would like to remind the Maldivian people and myself of Verse 46 of Surah Al-Baqarah: “And seek help through patience and prayer, and indeed, it is difficult except for the humbly submissive [to Allah].”

The constitution states that the vice president must be given a 14-day notice and the right to answer the charges before the resolution is put to a vote.

Minivan News was unable to contact Jameel at the time of going to press.

Jameel left to Sri Lanka after President Abdulla Yameen authorized a medical leave. A senior PPM MP told Minivan News yesterday that Jameel was due to return three days ago, but instead departed for the UK without informing the president’s office.

The MP said President Abdulla Yameen has asked the vice president to return to the Maldives and answer to the party’s parliamentary group about his impeachment.

“We have tried contacting him repeatedly to ask him to meet with the parliamentary group. But he has not responded. We are trying to bring our problems to him and trying to find a mutual solution,” said the PPM MP.

Some opposition politicians claim President Abdulla Yameen is fatally ill and wants a more loyal deputy ahead of a life threatening surgery. The government has denied rumours of the president’s health.

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Four police officers promoted to assistant commissioner rank

Four police chief superintendents were promoted to the rank of assistant commissioner of police yesterday.

The four new assistant commissioners are Abdulla Nawaz, Abdul Rahman Yoosuf, Ahmed Mohamed Ismail and Mohamed Jamsheed.

Mohamed Jamsheed has also been appointed the new head of police intelligence.

The former intelligence chief, assistant commissioner Ahmed Arif, was appointed as the head of the development directorate. The post was previously held by Jamsheed.

A police media official told Minivan News that the promotions were routine and that positions are changed whenever a term expires.

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Whale shark sustains serious injuries from boat propellers

The Maldives Whale Shark Research Programme (MWSR) has revealed photos of a whale shark with severe injuries caused by a boat propellor.

The organisation posted photos of a whale shark it has named Naococco with deep cuts and wounds.

“It seems Naococco is the latest shark to fall foul of a boat propeller. The images below show the extent of the injuries which are among the worst we’ve seen,” reads the Facebook post.

Naococco was last seen uninjured on June 1, the MWSRP said.

Here’s what he looked like before he was hit by the boat’s propellors:

Whale Shark damage 5

Whale sharks are protected in the Maldives.

The MWSRP is a research-based conservation charity dedicated to study the whale shark and fostering community-focused conservation initiatives in the Maldives and the greater Indian Ocean.

The whale shark’s injuries “highlights the danger that vessels pose to these sharks,” the MWSRP suggested.

“We urge all users of the area to slow down below the 10kts speed limit and keep a dedicated spotter watching ahead of the path of the vessel for the duration of the time they are traveling through the S.A. MPA [the Southern Ari Atoll Marine Protected Area].

“The MWSRP and the network of guides and marine biologists will be monitoring Naococco’s progress and we hope he will defy the odds and make a full recovery.”

The southern tip of Ari atoll, a year-long whale shark aggregation site, was declared a marine protected area (MPA) in June 2009.

It is prohibited to anchor, mine for coral or sand or dump rubbish in MPAs. Fishing and any other activity which may cause damage to marine life is also forbidden.

The MWSRP was not responding to inquiries despite repeated attempts.

According to a report by a marine researcher on the economic value of whale sharks in Maldives,  the estimated direct expenditures for whale shark focused tourism in the South Ari Marine Protected Area for 2012 and 2013 accounted for US$7.6 and $9.4 million respectively.

The figures are based on an estimate of 72,000–78,000 tourists who are involved in whale shark excursions annually.

In 2010, the MWSRP warned that excessive human interaction with whale sharks in South Ari Atoll could eventually lead to the species leaving the area permanently, after receiving reports of tourists touching and even attempting to ride the sharks.

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