MDP MP Abdulla Jabir sentenced to one year

The Criminal Court has today sentenced Maldivian Democratic Party (MDP) MP and parliamentary elections candidate for Kaashidhoo constituency Abdulla Jabir to one year in prison .

The court found him guilty of refusing to provide his urine sample to the police to run a drug test, and sentenced him to twelve months under the Drug Act 17/2011 article 123(a)(b).

The verdict published on the court website stated that on November 16, 2012, Jabir was arrested as a suspect in a drug related case and that police asked him to produce his urine sample to which he clearly refused according to the witnesses produced by the Prosecutor General’s Office.

The verdict stated that, although Jabir had claimed that he was tortured by the witnesses produced by the state, and that the police did not follow the correct procedure when asking for a urine sample, Jabir was not able to prove these accusations to the court.

Article 73(c)(2) of the constitution states that a person shall be disqualified from election as a member of the People’s Majlis – or a member of the People’s Majlis immediately becomes disqualified – if he has been convicted of a criminal offence and is serving a sentence of more than twelve months.

Article 73(c)(3) states that if a person has been convicted of a criminal offence and sentenced to a term of more than twelve months, unless a period of three years has elapsed since his release, or he has been pardoned for the offence for which he was sentenced, he will also be disqualified.

MDP MP Ali Azim and Dhivehi Rayyithunge Party (DRP) MP Mohamed Nashiz were disqualified from the Majlis by the Supreme Court in a controversial ruling over decreed debt in October.

Jabir was set to re-contest his Kaashidhoo seat next month after an internal MDP decision to discipline the MP for repeatedly breaking three-line whips was overturned on appeal.

A house in Malé owned by the MP was raided by police earlier this month. Three men were arrested and drugs and alcohol were seized, though it was reported that Jabir does not live in the building.

MDP Parliamentary Group Leader Ibrahim Mohamed ‘Ibu’ Solih was unavailable at time of press and Jabir was not responding to calls.

A total of 10 people were taken into police custody on November 16 after police raided and searched Hondaidhoo with a court warrant. Officers alleged they found large amounts of “suspected” drugs and alcohol upon searching the island.

Seven of the suspects, including Maldivian Democratic Party MPs Hamid Abdul Ghafoor and Jabir were among those charged.

At the time, police submitted cases against former SAARC Secretary General and Special Envoy to the former President Ibrahim Hussain Zaki, former President’s Office Press Secretary Mohamed Zuhair and his wife Mariyam Faiz. The manager of Jabir’s resort J Alidhoo Jadhulla Jaleel and Zaki’s son Hamdan Zaki also face charges.

Two Sri Lankan nationals named Raj Mohan and Anoor Bandaranayk as well as a Bangladeshi named Suhail Rana were taken into custody following the island raid.

Police Sub-Inspector Hassan Haneef said at the time of the arrests that officers requested all suspects taken into custody on Hondaidhoo to provide urine samples for a routine examination. However, only Hamdhaan Zaki and the three foreign suspects complied with the request.

According to the Drug Act, Sections 123(a), 161(a) and 161(b), any person arrested on suspicion of having abused alcohol or narcotics has an obligation to comply with police requests for routine urine examination by promptly providing urine samples, and failure to comply is a criminal offence punishable with a one-year jail sentence.

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Alhan to contest as an independent, Jabir awarded MDP ticket again

The opposition Maldivian Democratic Party (MDP) MP Alhan Fahmy has decided to contest the Addu Atoll Feydhoo constituency as an independent candidate following the party’s decision not to invalidate primary results despite irregularities.

Meanwhile, the MDP’s deputy parliamentary group leader MP Abdulla Jabir has been granted the party ticket again after the party’s appeals committee invalidated the disciplinary committee’s decision to retract the ticket.

The MDP held primaries in 56 constituencies to determine candidates for the People’s Majlis in late January. The party ticket was awarded to 29 candidates by default.

The MDP’s primaries have been marred by allegations of irregularities, but the election committee has said none of the complaints effect the results.

Feydhoo constituency

Alhan lost the party ticket to Mohamed Nihad on January 31, winning only 154 votes to Nihad’s 316. Shortly after results were announced, Alhan said he did not accept the results and said that polling had proceeded on an outdated voters list.

The election committee has confirmed 67 members were missing from the list at the ballot box, but decided not to hold a re-vote, arguing the primary outcome would not change even if the 67 members were allowed to vote.

Alhan was stabbed in public on February 1 and is currently receiving treatment at Colombo’s Central Hospital.

Speaking to local media, Alhan said: “I do not believe MDP’s decisions are very just at the moment. That is why I have decided to contest as an independent. Certain people are influencing the MDP’s decisions.”

Family members have said Alhan intends to challenge the MDP’s decision at the Elections Commission and the Civil Court as soon as he returns to Malé.

Despite expressing concern that Alhan may not be able to walk yesterday, family members have now said doctors believe Alhan will regain the full use of his legs. Doctors have not yet, however, detected any movement in his right leg yet.

“Doctors say it will take him some time to walk after the operation. They say that leg will get better. It is [paralysed] due to damage to the backbone. It will take some time for my brother to walk,” Alhan’s brother Azban Fahmy has said.

In addition to Alhan, primary candidate in Baa Atoll Kendhoo constituency Mauroof Zakir has also alleged irregularities in the MDP’s Majlis primaries.

Kaashidhoo constituency

The MDP’s disciplinary committee on January 26 retracted Jabir’s party ticket after he violated a three-line whip and voted for President Abdulla Yameen Abdul Gayoom’s cabinet.

Jabir had won the ticket by default due to a lack of contenders.

The committee also stripped Jabir of his position as deputy parliamentary group leader and asked him to issue a public apology. The appeals committee said Jabir had also violated a three-line whip on the day following the cabinet approval vote by rejecting the Penal Code.

The MDP then called for new applicants for the constituency, and had scheduled a primary for this evening.

Jabir subsequently appealed this decision with the MDP’s appeals committee, claiming the disciplinary committee’s verdict was “authoritarian and discriminatory”.

A majority of the six member appeals committee ruled today that under Article 113 of the MDP constitution, the disciplinary committee could only issue a warning, levy a fine, and suspend or revoke party membership. It could not revoke a party ticket, the ruling said.

Further, under the MDP Parliamentary Group’s rules of procedures, the group’s deputy leader could only be removed from his position after a no confidence motion within the group.

Jabir has now been reinstated to the position, and primaries for the Kaashidhoo constituency have been called off.

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MDP schedules Kaashidhoo primary for February 5

The opposition Maldivian Democratic Party (MDP) has announced the party will hold a primary for the Kaashidhoo constituency on Wednesday (February 5).

The MDP had initially awarded the party ticket to incumbent MP Abdulla Jabir without a primary due to a lack of contestants. However, the party retracted the ticket after Jabir voted for President Abdulla Yameen’s cabinet against a three whip line.

The MDP ordered Jabir to issue a public apology and called for new applicants for the Kaashidhoo primary. Jabir apologised to the party on Wednesday (January 29).

Aishath Mamdhooha will now be contesting against Jabir for the chance to stand in March’s parliamentary poll.

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MDP invalidates Jabir’s place on party ticket for Majlis election

The Maldivian Democratic Party’s (MDP) disciplinary dommittee has invalidated MDP MP Abdulla Jabir’s place on the party ticket for the Majlis elections in March.

MDP disciplinary committee chair and MP Hamid Abdul Ghafoor today told Minivan News that the decision was made after he had repeatedly voted against the party whip.

“The disciplinary committee is not giving out details of it but we can only confirm that the decision was made and the committee has asked the party secretariat to implement the decision,’’ he said.

He said the decision was made last Thursday,with the party secretariat being informed the same day.

The MDP parliamentary primaries are ongoing, though Jabir was uncontested for the Kaashidhoo constituency seat.

When queried about other MPs that had voted against the party line, Hamid said that there was no documentation that other MPs had repeatedly voted against the party whip.

“The MDP’s parliamentary group has a policy that says that an MP’s case should be filed in the disciplinary committee only when the MP repeatedly works against the party stand,’’ he added.

MP Jabir’s mobile phone was switched off and Minivan News was not able to obtain his comment regarding the matter.

During the December 30 endorsement of President Abdulla Yameen’s cabinet, a three-line whip was issued by the MDP’s parliamentary group ordering the rejection of eight nominees.

The eight cabinet members include Defense Minister Mohamed Nazim, Tourism Minister Ahmed Adheeb, Islamic Minister Mohamed Shaheem Ali Saeed, Minister of Health and Gender Maryam Shakeela, Minister of Transport and Communication Ameen Ibrahim, Finance Minister Abdulla Jihad, and Housing Minister Mohamed Muizzu on the grounds they were “coup ministers” having served in the administration of President Dr Mohamed Waheed.

The MDP also rejected Home Minister Umar Naseer saying that various speeches given by him at political rallies made it “evident that he will not be loyal to Yameen”.

MDP MPs Abdulla Jabir, Zahir Adam, Ahmed Rasheed, Mohamed Rasheed, Abdulla Abdul Raheem, and Ahmed Easa were the six MDP parliamentarians who breached the three-line whip on that day.

Easa told Minivan News earlier this month that his breach of party instructions with regards to the tourism minister had been a mistake, describing it as the biggest of his political career.

On December 29, parliament scheduled the passing of the penal code, with MP Jabir voting against the legislation after the MDP had already decided to pass it – describing the bill as “too harsh”.

Jabir is well known for his frequent party defections. His first political party was Dhivehi Rayithunge Party (DRP) during the presidency of Maumoon Abdul Gayoom, before switching to the People’s Alliance.

Jabir then defected to the Jumhooreee Party (JP) ahead of the 2008 presidential elections, backing JP leader and business tycoon Gasim Ibrahim.  Jabir was appointed as the party’s deputy leader.

He subsequently switched to the MDP, holding senior positions within the party. He also announced his intention to contest for the MDP chairmanship.

During the protests following the detention of Chief Judge of Criminal Court Abdulla Mohamed in early 2012, however, Jabir once again declared that he had defected from the MDP back to the JP.

Jabir became an MP after winning the by-election for the vacant Kaashidhoo constituency seat on a JP ticket. Following his arrest and charges of alcohol possession in late 2012, Jabir became an open critic of the Waheed government, eventually reverting back to the MDP in December the same year.

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Committee to re-submit Penal Code in March

Parliament’s Special Committee for Penal Code Review has stated that the committee will complete work on revising the bill by early March.

The final draft of the penal code – which had taken seven years in the committee stage – was rejected in yesterday’s parliamentary sitting with 36 votes. MPs then voted to send the bill back to the drafting committee

Maldivian Democratic Party (MDP) MP and chair of the committee Ahmed Hamza told Minivan News today that the committee will send letters today to every individual member of parliament, asking them to submit any desired amendments to the bill by January 20.

On receiving the amendments, the committee will review them and decide on those to be accepted by January 30, after which the revised bill will be sent to the parliament floor for voting on February 5.

The committee will work with a representative from the Attorney General’s Office when reviewing amendments submitted by parliament members, Hamza said.

“The committee has decided today to work by this plan. My hope is that both the government and other members will send in all the amendments they want within this period of time, and that we will be able to complete this work. Our aim is to table the report by the time parliament reconvenes on March 1,” Hamza said.

Bill rejected by a narrow margin

Hamza said he was “astounded” by the rejection, given that the review committee which had passed the draft was representative of all the political parties.

Members from the government coalition parties had voted against the bill, with Progressive Party of Maldives (PPM) MP Ahmed Mahloof confirming to Minivan News yesterday that a coalition whip-line had been issued for the matter.

In addition to pro-government members, Maldivian Democratic Party (MDP) MP Abdulla Jabir has also voted against passing the Penal Code.

Jabir was not responding to calls at the time of press. However, he is quoted in local media as saying he had voted against the bill as he found it to be “too harsh”.

Two members abstained from voting on whether to return the bill to the committee.

MP Ibrahim Muhthalib refrained from voting, stating that “no human being has the right to rephrase divine laws in Islamic Sharia into separate articles in a law” and that he would abstain from voting on the matter as some scholars believe that participation in such an act may be blasphemous.

While voting records are not yet published on the parliament’s official website, an official confirmed that independent MP Mohamed Nasheed was the second member to have refrained from voting.

MP Nasheed was also not responding to calls at the time of press.

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MDP MP Jabir threatens to leave party after parliament evicts Housing Minister

Maldivian Democratic Party *MDP) MP Abdulla Jabir has threatened he will leave the MDP if Speaker of parliament Abdulla Shahid remains in the party.

Jabir’s comments came after the parliament forced Housing Minister Ahmed Muiz to leave the parliament when he came to attend a Finance Committee meeting to which he was invited.

Speaking to local media, Jabir said that although the current government was not legitimate the Speaker of parliament should inform him before forcing the Housing Minister to leave as Jabir was the Chair of the Finance Committee.

Jabir told the media that he wanted to meet the Housing Minister to clarify how the government was spending the budget as the government has expired at 12:00am today.

He also said the MDP should decide if they wanted Shahid or him and said that if MDP wants Shahid he would resign from the party. Jabir told the media that he would discuss the issue with Nasheed.

Housing Minister Muiz was asked to leave the parliament by the Sergeant-at-arms after MDP MPs complained to the speaker that there was no legal ground for Muiz to be in the parliament representing the Housing Ministry, following the expiry of President Waheed’s term.

The Speaker of Parliament has also sent a letter to President Dr Mohamed Waheed informing him that his term as president expired at midnight, and that he was no longer in command of the country.

As there is no other way to extend presidential term, the speaker informed Waheed: “The presidential term which began on 11 November 2008 ended on 10 November 2013 and the term cannot be extended unless the procedures laid out in Article 262 are followed.”

The Speaker also sent a similar letter to Chief Justice Ahmed Faiz, Chief of Defence Forces Major General Ahmed Shiyam, Elections Commission President Fuwad Thowfeek, Human Rights Commission of the Maldives President Mariyam Azra, Civil Service Commission President Dr Mohamed Latheef, Prosecutor General Ahmed Muizz, Auditor General Niyaz Ibrahim, and Anti corruption Commission President Hassan Luthfy.

Jabir is well known for his frequent defections from party to party. His first political party was the Dhivehi Rayithunge Party (DRP) during the presidency of Maumoon Abdul Gayyoom. He then joined former party of PPM Parliamentary Group leader MP Yameen Abdul Gayoom, the People’s Alliance (PA).

Jabir defected to the JP ahead of the 2008 presidential elections and backed JP leader and business tycoon Gasim Ibrahim, and wass appointed the party’s deputy leader.

He then went on to join the MDP and hold senior positions within the party. He also announced his intention to contest for the MDP chairmanship.

However, during the protests following the detention of Chief Judge of Criminal Court Abdulla Mohamed, Jabir once again declared that he had defected from MDP back to the JP.

In the meantime Jabir’s wife, former SAARC Secretary General Dhiyana Saeed, also resigned from her position in SAARC and joined the opposition movement against former President Mohamed Nasheed.

Jabir became an MP after winning the by-election held to elect an MP to the vacant seat of Kaashidhoo constituency on a JP ticket. He was backed by President Waheed and a coalition of parties supporting his government.

The PPM who initially had their own candidate for the election also backed Jabir. He rejoined MDP in December 2012.

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State produces three police officers as witnesses against MDP MP Jabir

The state has today produced three police officers to the Criminal Court as witnesses against Maldivian Democratic Party (MDP) MP Abdulla Jabir, during the hearing of a case in which Jabir faces charges of possession of cannabis.

According to local media present at the trial, Jabir told the court that the three police officers were among the policemen who allegedly brutalised him on the uninhabited picnic island of Hondaidhoo where he was arrested and that the Police Integrity Commission’s (PIC) report on his arrest concluded that police were brutal.

Chief Judge of the Criminal Court Abdulla Mohamed, presiding over the case, asked Jabir to submit video footage of the torture to the court.

Jabir’s lawyer argued that the constitution states that any witness or evidence obtained in violation to the laws should not be accepted by the court.

However, the judge replied that the court would decide on accepting the witnesses when delivering the verdict and that the court would hear what the witnesses have to day.

A total of 10 people were taken into police custody on November 16 after police raided and searched Hondaidhoo with a court warrant. Officers alleged they found large amounts of suspected drugs and alcohol upon searching the island.

In August this year, a Criminal Court media official told Minivan News that the PG had charged MDP MPs Abdulla Jabir and Hamid Abdul Ghafoor with smuggling alcohol into the country and consuming alcohol.

Jabir and Hamid were also both charged with objecting to urine testing and possession of cannabis and alcohol.

Former President Mohamed Nasheed’s Press Secretary Mohamed Zuhair and his wife Mariyam Faiza were also charged for objecting to take a urine test, said Manik.

Additionally, the son of former President Nasheed’s Special Envoy, Mohamed Hamdhoon Zaki,  has been charged for trafficking illegal drugs into the country – the penalty for which is 25 years and can be fined up to MVR10million.

On 24 October, the Criminal Court issued a warrant to arrest and summon Hamid to the court, but the MP took refuge in the parliament building on the same day meaning police were unable to arrest him.

The Criminal Court later sentenced Hamid to six months for failing to produced himself to the court.

The MDP has previously alleged that the government aligned parties were attempting to reverse the MDP’s majority in parliament by using courts that remain under the influence of former president Maumoon Abdul Gayoom as a means to strip the MDP MPs of their seats in parliament.

On October 24, the Supreme Court ruled that MDP MP Ali Azim and MDP-aligned Dhivehi Rayyithunge Party MP Mohamed Nashiz were disqualified from the parliament over an unpaid debt.

On November 4, Progressive Party of Maldives (PPM) council member and prominent lawyer Mohamed ‘Wadde’ Waheed filed a case at the Supreme Court requesting the court disqualify DRP Leader and MP Ahmed Thasmeen Ali from parliament.

Leader of the government-aligned Maldivian Development Alliance (MDA) and MP Ahmed ‘Sun Travel’ Shiyam is also facing alcohol possession charges that – if convicted – would result in the loss of his seat.

The Inter-Parliamentary Union has requested an urgent visit to the Maldives, arriving last week to attempt to build trust between factionalised institutions, whilst the US has expressed concern at reported intimidation,

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PPM accuses JP of backing MDP, claims any vote for Gasim “a waste”

The Progressive Party of Maldives (PPM) has suggested that Jumhooree Party (JP) presidential candidate Gasim Ibrahim is “stuck” under the influence of advisers sympathetic to his political rivals.

Speaking to local media yesterday, PPM candidate Abdulla Yameen’s election agent suggested that former Maldivian Democratic Party (MDP) members within the JP were working to bring former President Mohamed Nasheed back to power.

“Lately we haven’t seen any campaigning from Gasim. Or Gasim pitching his policies or manifesto. All we’re seeing him do is complain and launch attacks against rival candidates,” Abdulla Ameen told local media.

After both the PPM and the JP had mooted the idea of backing a single anti-Nasheed candidate in the upcoming vote, it was revealed by local media yesterday that the parties could not agree on a candidate.

Whilst the JP were said to have favoured incumbent President Dr Mohamed Waheed as the sole candidate, Yameen was reported to have rejected the proposal.

Campaigning for the presidential elections resumed in earnest last week after the Supreme Court scheduled a new date for the first round, annulling the previous poll held on September 7.

The court’s investigation of potentially fraudulent voting was initiated by Gasim’s JP after it finished in third place, just 2,677 votes behind the PPM.

Ameen yesterday predicted that Gasim would again fail to reach the run-off in Saturday’s re-scheduled election, branding any vote cast for the JP candidate “a waste”.

Current JP President Ibrahim Didi – formerly president of the MDP – has dismissed the PPM’s claims.

“It’s not true,” he explained, “But the reality is that the majority of members of JP don’t support PPM leadership in their policies.”

Didi left the MDP in acrimonious circumstances shortly after Nasheed’s controversial resignation in February 2012.

MP Alhan Fahmy left the MDP at the same time after both he and Didi were accused of making statements contrary to the MDP’s official position that the February transfer of power had amounted to a coup.

Fahmy has since returned to the MDP, as has former JP member Abdulla Jabir – both of whom have a history of party switching.

Gasim and Nasheed met last month to discuss matters of national interest and the maintenance of stability and public order.

Speculation regarding potential coalitions would prove premature following the court’s recent verdict, though when asked following the pair’s meeting Gasim stated that he bore no personal animosity towards any other candidates.

Nasheed meanwhile said that Gasim was “a family friend since childhood” who has offered good advice and counsel throughout the years.

The JP were initially aligned with the MDP following Nasheed’s victory over 30-year autocrat Maumoon Abdul Gayoom in the 2008 presidential election.

The coalition lasted just a few months, with the JP later going on to form part of the ‘December 23’ coalition which led months of protest calling for the protection of Islam against the so-called irreligious policies of Nasheed’s government.

After subsequent unrest preceded a police mutiny and Nasheed’s resignation, the JP went on to form part of Dr Mohamed Waheed’s national unity government.

Waheed last week opted to withdraw from the re-scheduled election after receiving just five percent of the popular vote in the initial poll last month.

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MDP MPs alcohol possession case continues

The second hearing into Maldivian Democratic Party (MDP) MP Hamed Abdul Ghafoor’s alcohol and cannabis possession case was cancelled today after the accused failed to attend.

A Criminal Court official told Sun Online today that Hamed did not appear at the 10am hearing.

Sun also reported that Hamed’s fellow MDP MP Abdulla Jabir – also accused of possession of alcohol and cannabis – had his passport held by immigration officials when trying to leave the country yesterday.

Jabir’s wife – former Attorney General Dhiyana Saeed – told Sun Online that a passport could only be withheld after announcing the charges against the accused at a first hearing.

Whilst Ghafoor was in attendance at the cases first hearing at the start of the month, Jabir did not. Dhiyana today explained that her husband had not been handed the summons requesting his attendance for this hearing, as he had been campaigning with his party in the atolls.

Both MPs are facing charges of smuggling alcohol into the country and consuming it, as well as possession of cannabis and objecting to urine testing.

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