Tag: Ahmed Sun Shiyam

Chief Judge Abdulla Mohamed takes over ‘Sun’ Shiyam’s case

Criminal Court Chief Judge Abdulla Mohamed has taken over the alcohol smuggling and possession trial of Maldives Development Alliance (MDA) leader MP Ahmed ‘Sun’ Shiyam.

Citing a letter sent from the criminal court secretariat to Judge Ahmed Sameer Abdul Aziz, who was previously overseeing proceedings, Haveeru has reported that the action was taken in response to a letter from the Supreme Court.

The decision has come amid media reports that Judge Aziz was to be replaced with Judge Shujau Usman after a request from government coalition leader Shiyam

According to the court spokesperson, the action was taken following complaints regarding the case, and was done under Article 55 (e) of the Judicature Act.

The article specifies that it is the responsibility of the senior judge in superior courts to “take action in relation to delays and other complaints related to cases submitted to the court”.

Shiyam request allegedly stated that Judge Aziz’s “hand gestures and facial expressions” indicated a personal grudge against him which could lead to an unfair trial.

According to reports, in addition to making the request for the removal of Judge Aziz from the Criminal Court and Supreme Court, Shiyam wrote a letter to Chief Justice Ahmed Faiz stating his belief that his complaints regarding the judge had further increased the risk of receiving an unfair trial.

In a letter addressed to the chief justice, which was acquired by the media, Shiyam was reported to have said he had received reports that the judge may be “considering a hastened and strict verdict” against him.

Denying reports that the case had already been handed over to a new judge, the court today said it still remains with Chief Judge Abdulla.

Shiyam was charged with smuggling and possession of alcohol in March 2012 after customs officers at Ibrahim Nasir International Airport (INIA) discovered a bottle of alcohol in his luggage.

The case remained in the investigation stage for a year after the Prosecutor General’s Office sent it back to the police in August 2012 citing a lack of necessary information.

Since the trial began in November 2013, the Criminal Court has cancelled four scheduled hearings after being unable to deliver the summons chit to Shiyam.

He appeared before the court for the first and the only hearing held in the case on March 13 this year after a court order was issued to bring him before the court under police custody. Shiyam denied the charges and requested more time to research the case.

The second hearing in the trial has been rescheduled three times, the most recent instance occurring earlier this week.

In late March, CNM reported that Judge Abdulla – prior to the official schedule date for the second hearing – had attempted to hold an unofficial hearing while judge Aziz was on leave.

If found guilty Shiyam could lose his seat in parliament as per Article 73(c)(2) of the constitution which states that members of the parliament will be disqualified upon receiving a criminal sentence of more than twelve months.

Meanwhile, a hearing in the trial of Shiyam’s brother, Ahmed Salim Mohamed, for disobedience to order have also been cancelled this week, on the same date Shiyam’s latest delay.

Haveeru reports that Chief Judge Abdulla has on several occasions asked presiding Judge Muhtaz Hussein to hand the case over to him, though the court informed Minivan News today that this has not yet happened.

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Sun Shiyam’s alcohol possession trial delayed again

The second hearing in the alcohol possession and smuggling trial of Maldives Development Alliance (MDA) leader and MP Ahmed ‘Sun’ Shiyam has been cancelled for the third time in two months.

According to the Criminal Court, a scheduled hearing was cancelled today as the court was unable to deliver the summons chit.

Media reports that the presiding judge has been changed have today been denied by the court.

In March 2012, customs officers at Ibrahim Nasir International Airport (INIA) discovered a bottle of alcohol in the MP’s luggage. After a police investigation, the case was forwarded to the Prosecutor General’s (PG) Office in August 2012 before being returned to police due to incomplete information.

The relative speed at which cases related to opposition MPs have travelled through the justice system prompted the Maldivian Democratic Party to seek a no-confidence motion against then PG Ahmed Muizz.

Muizz’s subsequent resignation last November has indirectly led to the current crisis in the country’s courts.

Shiyam was eventually charged – more than a year later – although a hearing scheduled for November 7 2013 was cancelled after a summons chit was not delivered to Shiyam.

The Criminal Court subsequently ordered police to present the MP in court, after which he appeared for the first hearing on March 13, 2014.

With local media reporting that Shiyam was kept in the guest area of the court – unlike other suspects – Shiyam denied the charges and requested more time to research the case.

A scheduled hearing for April 10 was again cancelled due to Shiyam’s absence from the capital, with the rescheduled hearing also cancelled as the court was unable to deliver the chit.

An unannounced hearing was attempted on March 27 prior to these official hearings, while Judge Ahmed Sameer Abdul Aziz – who is presiding over the case – was on leave. Citing an anonymous source at the court, local media outlet CNM reported that Criminal Court Chief Justice Abdullah Mohamed was behind this attempt.

“[Criminal Court Chief] Justice Abdulla [Mohamed]was to finish the case. In this regard he sent summoning chits to witnesses while they have not even been presented [by the state], and tried to hold a hearing today at 10am,” CNM quoted the official as saying.

The attempt eventually failed after after a number of court officials were absent from work, CNM was told.

While the case was not on the hearing schedule published on their official website, the court’s spokesperson told CNM such arrangements were not unlawful.

Replacing the judge

Meanwhile local media has reported that the court has now replaced Judge Abdul Aziz with Judge Shujau Usman upon Shiyam’s request.

The Criminal Court has denied these reports, saying that today’s hearing had also been scheduled to be conducted by Judge Abdul Aziz.

The media has published contents of a letter attributed to Shiyam which requests the removal Judge Abdul Aziz from the case stating the he has a personal grudge against the Meedhoo MP.

The letter, dated 24 April 2014, and addressed to to Chief Justice Ahmed Faiz is said to states that, during the first hearing, Judge Abdul Aziz displayed hand gestures and facial expressions which suggested the possibility of acting impartially against Shiyam.

It stated that Judge Abdul Aziz was also displeased with the MDA leader following his complaints, and that Shiyam had received information the judge may be considering a hastened and strict verdict against him.

The letter described the case against Shiyam as “a devious plot by some powerful people” and a politically motivated lie invented by Shiyam’s enemies.

If found guilty, Shiyam could lose his seat in the parliament as per Article 73(c)(2) of the constitution which states that members will be disqualified upon receiving a criminal sentence of more than twelve months would.

Import and possession of alcohol without a special permit form the Ministry of Economic Development is is a criminal offence in the Maldives. The penalty for the crime under the Unlawful Imports Act is 1-3 years imprisonment, banishment or a fine between MVR1000 – 5000.

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