Additional reporting by Mohamed Naahii
Former President Mohamed Nasheed has been released from custody following the first hearing in the Hulhumale Magistrate Court concerning his detention of Chief Criminal Court Judge, Abdulla Mohamed.
The trial began around 4:20pm this afternoon. The court was packed with attendees, most of whom were Nasheed supporters. Nasheed’s wife Laila Ali and family members were also present.
At the beginning of the trial, the state read the charges.
Responding, Nasheed stated that the trial reflected the “grave” situation that the democracy of the Maldives is in.
“Honorable judges, this charge against me is a deliberate attempt by the prosecutor general to bar the presidential candidate of the largest opposition political party of this country from contesting the next presidential elections,” Nasheed declared.
“The Maldivian constitution explicitly states that the powers of the state derives only from the people and there is no stronger power than that of the power of the people. That power of the people will only be restored through free and fair elections,” he said.
“Honorable Judges, I sincerely ask of you to consider this fact before you proceed with the trial. My lawyers will continue advocating on behalf or me from now on,” he said.
Former President’s member on the Judicial Services Commission (JSC) and outspoken whistleblower Aishath Velezinee has maintained that Nasheed’s detention of the judge was justified given the failure of both the JSC and parliament to hold the judge accountable for allegations of serious ethical misconduct.
Lawyers take over
On her opportunity to speak, Nasheed’s lawyer Hisaan Hussain raised procedural irregularities concerning the case that was being heard.
Firstly, she questioned the judges as to whether a magistrate court could hold a trial on an island other than the island on which the magistrate court was established – despite the case been filed in the Hulhumale Magistrate Court, the hearing was held in the Justice Building in Male’.
Hisaan also asked the court to decide on the claim that the magistrate court was formed in contradiction with the Constitution and the laws of the country, before it proceeded with the hearings. The matter is currently being considered by the Supreme Court.
Member of Nasheed’s legal team, Abdulla Shair, also raised a point on procedural irregularities citing that the magistrate court’s order to detain Nasheed was unlawful because such orders should legally only come from a court set up in the locality of the defendant’s permanent address. Nasheed is based in his family home in Male’.
Shair challenged that it should be the Criminal Court ordering nasheed’s detention, as Nasheed’s permanent address was located in capital Male’.
The lawyers asked the court to temporarily suspend the hearings until it had resolved the procedural irregularities. However, court rejected the proposition.
Responding to the procedural issues raised, the court rejected all but one of the issues raised without giving any reasoning.
The court however responded to Nasheed’s lawyer Abdulla Shair’s point of procedure, and stated that the court followed a precedent set by the High Court.
Responding, the state challenged that no lawful authority of the country had decided that Hulhumale’ Court was legitimate, and it was within the power of the prosecutor general to file charges in a court with relevant jurisdiction.
The state presented more than 32 pieces of evidences it claimed proved that Chief Judge of Criminal Court Abdulla Mohamed was detained unlawfully, including the judge himself.
Other evidence produced included audio and video of the Judge’s detention, and speeches given by Nasheed.
The State also presented an evidence list of figures from both Maldives National Defence Force (MNDF) and Maldives Police Services (MPS).
In response to the presented evidences, Nasheed’s lawyers asked the three member panel of Judges to give them a time period of 30 days to study the evidences and prepare a defence.
The judges however gave a period of 25 days. They announced that the next hearing would be held on November 4, 2012.
Supporters of Nasheed cheered when he came out of the hearing. With Nasheed’s detention order expired following his attending of the hearing, Nasheed is technically free.
However, the previously imposed travel ban is still in place and Nasheed is confined to Male’.
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Present Maldive president and Chief Criminal Court Judge, Abdulla Mohamed are pimps of former dictator and thief maumoon Abdul gayoom.
what is wrong if president nasheed arrest Chief Criminal Court Judge, Abdulla Mohamed.
Nasheed is not a saint, but Nasheed is less harmful for ordinary people and personal liberties and all democratic values will be in danger if this unlawful gang is not challenged. It is not hidden to anyone about the gang who is sitting above us with the help of guns are very people who are against every democratic norms. Their hand are tied to rein their barbaric rule to subjugate the ordinary people to their absolute power because of Anni who is trying to bring democracy and the support he has from world’s democratic powers.
Since we all know neither Anni nor the mafia gang can give any glory to ordinary citizen in terms economic prosperity with current situation in Maldives we should always opt for something that does not harm us and Anni is definitely harmless though he cannot delivers us glories., I see no reason why any ordinary person rally behind this junta force backed gang who are trying to rule us instead of leading us. These are the people with no vision for the people; they have only vicious plans how they rule us. The only reason this gang is hell-bent to destroy Anni is due to personal vendetta and this whole drama proves the danger we have to face if such a people have free hand to rein their madness. The whole Maldivian youth who are the future of Maldives should not be silent today of what we are witnessing now. Let’s dismantle the junta force and corrupted judiciary and let the rule of law prevail.
Yes indeed, time to get clean. There is something mighty rotten in the state of Maldives and it starts at the top, judiciary included of course. If we have to let in the mafia and lock up our country's only hope (even if he ain't perfect) all because of a rotten crooked judge appointed by a crooked 30 year old has been regime then we are in a sorry state indeed. Do we really want a Pakistani style military state in the name of so called stability. Hello? Middle agers wake up and do your bit. Our population bulge is the youth, do you really think they can all be locked up, drugged and ganged up? Think again, before you (and your kids) have to live with the consequences. Just grow up and wake up!
Abdul Ganes... u sound like DRP Mausoom
Nasheed is not above the law.
prosecutor general had presented his case well and it has clearly explained what illegal orders Nasheed had given and how he breached our constitution and Nasheed to can explain and give proper explanation against the charges if he had any valid reasons.
Maumoon had rules under different constitution and during his era, all the power lies with him including Judiciary . But Nasheed got elected with a new constitution where we had the best democratic values given in the constitution and Judiciary and Parliament was completely separate bodies and Nasheed do not had rights to interfere with them
However, Nasheed rule the country as he was given the power to over these bodies and rule like a dictator.
Anni tried to clean out the old boy network and the mafia through honesty and the country did not help him. How shameful we are.
Nothing happening here.Such few comments...No coverage in international media as well.Efforts of Minivannews to promote this guy with biased reporting is truly doomed.I think hardly any one read Minivan now a days
The most unjust,unfair police never spent any big amount(Ruffiya) to chase and pull the serious criminals (Out there) who are wanted by court to run court's monkey business.
The rude,proud but at times stupid police never put any efforts to restore street peace........
All it is political drama to fool the public.
Many judges (by tag only) can not speak English well then how can they(puppets)
judge ..........?
Anni was my friend, but he cant be nation's friend until he say good bye to his corrupt friends...he cant win the next election until he says good bye to his corrupt friends, who is destroying him....
It is like the Gov is begging for the international sanctions to hit it that happens to Gov's like this one, then no tourism. Then when the Gov supporters like Gasim have no tourist to pillage from they will be begging for Nasheed and his open support for the peoples rights, democracy and freedoms.
from all this...i got more questions.
1. CCCJA (chief Criminal Court judge Abdulla)was arrested by the presidential order because he committed serious crimes with regards to the judiciary and justice system of the Maldives. If that is the case, then today is the day we ask for proof. If he is guilty enough for his sorry-ass to be dragged out, den there shud be considerable proof of his crimes..where is this and why is no one seeking this?
2. why did the hulhumale court give no reasons for not considering the procedural issues? Isnt it their job to first tell the public that they are legitimate?
3. why is the government so afraid of nasheed that they are holding his each step, recording each move?
4. Why are there pple on the streets who have evaded court summons for more than a year and they are not presented to court like this wrapped up in a parcel of cops.
5. So what is Mr. Nasheed hiding?or what does he have that the govt is so desperate for immediate measures?
tsk 1 dude stop gazing at your navel, and read some international news to see if this is being covered or not. With an internet connection you still don't know which stories are being covered and which ones are not.