Tag: Ali Hameed

Alhan alleges involvement of senior government officials in stabbing

Maldivian Democratic Party (MDP) MP Alhan Fahmy has said that he believes senior officials of the current government was behind a knife attack on February 1 that left the opposition MP’s left leg paralysed.

Speaking at the last sitting of the 17th People’s Majlis today, the outgoing MP for Feydhoo noted the violent attacks on MPs during the past five years of multi-party politics and fledgling democracy, including the brutal murder of Progressive Party of Maldives (PPM) MP Dr Afrasheem Ali.

Both MPs and the public were left in a state fear by the attacks on parliamentarians, Alhan said.

Alhan was stabbed in Malé on the evening of February 1, 2014, while at the Breakwater cafe in the artificial beach area of the capital.

The results of the final MDP parliamentary primaries were officially revealed the same day, with Alhan losing the Feydhoo constituency seat to Mohamed Nihad, who received 316 votes to the incumbent’s 154.

After the results of the primary contest emerged, Alhan alleged irregularities in the vote via social media, declaring his intention to challenge the outcome.

Two suspects – Mohamed Sameeh of Shiny, Fuvahmulah, and Mohamed Naseem, of Ulfamanzil, Hithadhoo – were arrested by the police in connection with the case.

The case against the two suspects have since been forwarded to the Prosecutor General’s Office for prosecution.

Alhan has had a chequered recent past with the MDP, rejoining the party in June last year after an apparently acrimonious departure in April of the previous year. Then party vice president, Alhan was ejected – alongside then party President Dr Ibrahim Didi – after the pair publicly questioned the party’s official interpretation of the February 7 ousting of President Mohamed Nasheed.

The Feydhoo MP subsequently organised a rally – sparsely attended – calling for the freeing of the MDP from its talismanic leader Nasheed. Alhan’s soon joined the government-aligned Jumhooree Party,

Alhan was initially elected to parliament on a Dhivehi Rayithunge Party (DRP) ticket, making him one of the few MPs to have been a member of almost every major political party represented in parliament, barring the DRP’s splinter party, the Progressive Party of the Maldives (PPM).

He was dismissed from the DRP in 2010 for breaking the party’s whip line in a no-confidence vote against then Foreign Minister, Dr Ahmed Shaheed

Last August, Alhan was summoned by police in connection with the alleged blackmailing of Supreme Court Justice Ali Hameed, using footage of the judge having sex with two foreign women said to be prostitutes.

The MP tweeted a screenshot of a text message he claimed had been sent to his mobile phone by Superintendent of Police Mohamed Riyaz. The text read: “Alhan, will make sure you are fully famed (sic) for blackmailing Justice Ali Hameed. You don’t know who we are.’’

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Bar Association calls for Ali Hameed suspension

The Maldives Bar Association has called for the suspension of Supreme Court Judge Ali Hameed pending an investigation into allegations over the judge’s appearance in a series of sex tapes.

Hameed’s continued presence on the Supreme Court bench contravenes the Islamic Shariah and the norms of justice, the organisation said in a press statement on Monday.

“Given the serious nature of the allegations against Ali Hameed, that the judge continues to hold trial contravenes norms of justice, conduct of judges, and established norms by which free and democratic societies deal with cases of this nature,” the statement read.

Three videos showing Hameed engaging in sexual relations with foreign women in a Colombo hotel room first surfaced in May 2013. The judicial oversight body Judicial Services Commission (JSC) set up committees to investigate the case twice – in May and December 2013.

Both subcommittees unanimously recommended the JSC suspend Hameed pending an investigation. In July 2013, the JSC disregarded the recommendation citing lack of evidence, while a JSC decision on the December subcommittee’s recommendation is still pending.

JSC member Shuaib Abdul Rahman and former member MP Ahmed Hamza have accused JSC President and Supreme Court Judge Adam Mohamed of stalling the investigation into the scandal.

The JSC’s four-month delay in a decision undermines public trust in the judiciary, the Bar Association said.

President of the Bar Association Husnu Suood, and former member of the second JSC committee set up to investigate the scandal has suggested his suspension from practicing law – handed down by the Supreme Court in January – was related to his role in the investigation.

The Supreme Court withdrew the suspension on Sunday on the condition he refrains from engaging in any act that may undermine the courts.

The Maldives Police Services had completed an investigation into Suood’s alleged contempt of court, but the Prosecutor General’s Office decided not to press charges.

Meanwhile, the police in December said it still could not ascertain if the sex tapes are genuine. Local media have claimed the Maldives Police Services have been unable to proceed with investigations due to the Criminal Court’s failure to provide two key warrants.

The Bar Association has said the JSC must expedite a decision on Hameed’s suspension to uphold public trust.

“Judgments by judge who’s integrity has been questioned is not acceptable under the Islamic Shari’a, given that even testimony from an unreliable source is not accepted,” the statement said.

Hameed contributed to a majority verdict in a series of controversial Supreme Court judgments in recent months, including the annulment of the first round of presidential polls in September 2013, stripping two opposition MPs of their Majlis membership over decreed debt, and the removal of Elections Commission president and vice president.

In May 2013, the Supreme Court requested the Ministry of Home Affairs look into the procedures by which the Bar Association was established, claiming the use of the word ‘Bar’ in the association’s name had lead to “confusion” among international legal and judicial groups.

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High Court supports lower court decision to continue Alhan’s lawsuit against MDP

The High Court has today ruled that the Civil Court does have the jurisdiction to preside over a lawsuit filed by Maldivian Democratic Party (MDP) MP Alhan Fahmy against his party.

Feydhoo MP Alhan is seeking the annulment of the opposition party’s primary for the Feydhoo constituency in Addu City.

Speaking to Minivan News today, Alhan said there were two cases related to the lawsuit filed at the Civil Court being reviewed in the High Court, and that the court had today concluded one case while he had withdrawn the other.

The case concluded today was the appeal by the MDP claiming that the Civil Court could not proceed because Alhan had not completed all the internal party procedures, such as appealing at the party’s appeal committee.

”During the hearings held in the Civil Court, I requested the court to issue a warrant to temporarily invalidate the candidacy of the person who won the MDP primary and the court said that it did not have the jurisdiction to do so and that the High Court will have the jurisdiction to issue such an injunction,’’ Alhan said.

“So I filed a case with the High Court on March 6 and 11 days later the court held a hearing and I told the court that now it was too late to issue the injunction and that I wished to withdraw the case.’’

Alhan said that the case going on in the Civil Court has almost reached an end and that during the next hearing the court would deliver a verdict.

Shortly after announcing his decision to contest the primary result, Alhan was stabbed in Malé while at the Breakwater cafe in the artificial beach area. During the attack, Alhan received stab wounds to the back and was quickly flown to Sri Lanka for spinal surgery.

When Minivan News inquired about his condition he said that his left leg was still paralysed and that he now has to use a walking stick.

“Doctors say it will take six or seven months to recover, I have been doing physiotherapy,’’ he said.

Alhan has had a chequered recent past with the MDP, rejoining the party in June last year after an apparently acrimonious departure in April of the previous year.

Then party vice president, Alhan was ejected – alongside then party President Dr Ibrahim Didi – after the pair publicly questioned the party’s official interpretation of the February 7 ousting of President Mohamed Nasheed.

The Feydhoo MP subsequently organised a rally – sparsely attended – calling for the freeing of the MDP from its talismanic leader Nasheed. Alhan’s soon joined the government-aligned Jumhooree Party,

Alhan was initially elected to parliament on a Dhivehi Rayithunge Party (DRP) ticket, making him one of the few MPs to have been a member of almost every major political party represented in parliament, barring the DRP’s splinter party, the Progressive Party of the Maldives (PPM).

He was dismissed from the DRP in 2010 for breaking the party’s whip line in a no-confidence vote against then Foreign Minister, Dr Ahmed Shaheed

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Majlis removes MP Hamza from judicial watchdog

The People’s Majlis has removed MP Ahmed Hamza from the judicial watchdog body – the Judicial Services Commission (JSC).

Speaker Abdulla Shahid sent a letter to the JSC President and Supreme Court Judge Adam Mohamed informing him that Hamza is no longer a member of the commission following his decision to contest parliamentary elections.

Hamza is standing in the March 22nd election for the Bilehdhoo constituency in Faafu atoll.

Shahid said Hamza had lost his seat as Article 10 of the JSC Act states that a commission member will lose their seats if they stand for a political position elected under the constitution or a law.

Speaking to Minivan News, Hamza said he did not believe Shahid’s interpretation is accurate.

“But I accept the decision since Article 14 of the act states that the parliamentary representative can only be removed by the People’s Majlis,” he said.

Hamza has previously said that the speaker and Majlis representative should be exempted from Article 10 “as it creates a legal vacuum.”

Meanwhile, Shahid has also announced he will contest the Majlis elections. Hamza said his removal from the JSC meant that Shahid might also lose his seat.

Judge Adam Mohamed sent a letter to Hamza and President Abdulla Yameen earlier this week claiming Hamza’s position was now vacant.

Hamza responded by stating his belief that Adam Mohamed’s attempt to remove him was intended to reduce the number of members who advocated for judicial reform and an investigation into Supreme Court Judge Ali Hameed’s alleged involvement in a series of sex tapes.

Similarly, former Attorney General Husnu Suood has suggested his suspension from practicing law – handed down by the Supreme Court last month – was related to his role in the JSC’s investigation into the Hameed tapes.

Sheikh Shuaib Abdul Rahman – the public’s representative on the JSC  – has also accused Judge Adam Mohamed of stalling the JSC’s investigation into the Hameed scandal.

Adam Mohamed had refused to schedule a vote on whether to suspend Hameed following his refusal to cooperate with the investigation, Hamza said.

“The JSC cannot be productive as long as Adam Mohamed remains the president,” he said. “I call on the public to pressure the JSC to table the motion to suspend Ali Hameed,” he said.

Hamza has previously accused judges of using legal loopholes to preventing the JSC from functioning.

The Supreme Court in January prevented a JSC attempt to shuffle judges in the superior courts, stating that the authority to do so was reserved by the Judicial Council – a body which had previously been annulled, and whose powers have been assumed, by the Supreme Court.

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Supreme Court suspends prominent lawyer pending investigation for contempt

The Supreme Court has today suspended former attorney general and high profile lawyer Husnu Suood from all courts, accusing him of violating lawyers regulation’s article 3.2[a][c].

Husnu Suood has shown the Supreme Court notice he has received to the media. It states that his comments regarding Supreme Court ruling number 42/SC-C/2013 constituted contempt of court.

The Supreme Court’s notice stated that it has asked the police to further investigate the case and that Suood is to be suspended from all the courts until this investigation is concluded.

Speaking to Minivan News today, Suood said that he believed this was related to the issue of Supreme Court Justice Ali Hameed’s sex scandal case.

Suood suggested that the Supreme Court had suspended him because he is in the committee investigating the judges alleged appearance on the tape.

‘’[Former Youth Minister] Hassan Latheef and Hisan Haseen were also both lawyers accused of the same thing, but the court gave them advice and did not take action against them, but I am suspended so it is not fair,’’ Suood said.

He noted that the Supreme Court ruling in question was the verdict that invalidated the first round results of presidential election first round.

“They [Supreme Court] told me that the suspension was regarding a tweet I posted on twitter which says that I believe that the Supreme Court’s ruling was in violation to the constitution,’’ he said.

“I deny that I was the one who tweeted it, but even if it was me I do not think that expressing one’s opinion is a crime.’’

He also said that there was nothing in the case for the police to investigate.

‘’Now there is nothing I can do about it I just have to wait for the police to finish the investigation. But what is there to investigate,’’ he asked.

Previously, the Supreme Court suspended Suood for alleged contempt of court.

On September 28, Suood said the dispute regarding the presidential elections had left the country’s ongoing democratic transition in “limbo”. The former AG had represented the Elections Commission (EC) in the election annulment case before being thrown out for ‘contempt of court’.

“I am of the view that all institutions have a duty to uphold the constitution,” he said at the time, in response to the EC’s efforts to conclude presidential polls within the legally mandated – article 111 of the constitution.

“According to the constitution, the Supreme Court’s word is final only in respect of the interpretation of provisions of constitution and law. Here, the Supreme Court had not given an interpretation on Article 111. However, Judicature Act says that all state institutions must abide by the rulings made by courts.”

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JSC to evaluate performance of judges

The judicial oversight body, the Judicial Services Commission (JSC), is to evaluate performances of all judges at least every two years under a new regulation.

The Regulation on Evaluation of Judge’s Performance came into effect on January 1, and was made public on Tuesday.

“This regulation allows the JSC to take action against non-performing judges and also provides incentives for judges who perform well,” JSC member and opposition Maldivian Democratic Party (MDP) MP Ahmed Hamza said.

Under the regulation, the JSC is to appoint a five-member subcommittee to conduct performance appraisals of all judges. Judges will be evaluated on four criteria:  work performance, commitment to the judges’ code of conduct, attendance, and extent to which the judge’s verdicts are repealed in the appeal process.

If a judge gains between 85- 100 points, he or she will be given priority in promotions to a superior court.

However, if a judge receives below 50 points in two consecutive appraisal terms, the JSC will recommend the People’s Majlis to retire the judge or transfer the judge to another position in the judiciary.

Hamza said the regulation constituted an important step in holding judges accountable, but said the judiciary intervened regularly in the JSC’s attempts to discipline judges.

“Influential judges do not want the JSC to function. They use legal loopholes to undermine the JSC’s powers,” Hamza said, referring to the recent Supreme Court’s mandamus order halting the JSC’s decision to shuffle ten superior court judges.

Article 46 of the Judges Act allows the JSC to transfer judges between courts on the request of the Judicial Council.

However, the Supreme Court has annulled the Judicial Council and taken over the council’s powers, effectively limiting the JSC’s power to transfer or appoint any judges unless authorised by the Supreme Court.

Hamza said the People’s Majlis needed to amend judiciary related laws to limit judicial interference in the JSC.

The JSC’s record on disciplining judges has been mediocre. In 2012, a series of sex tapes which appear to show Supreme Court judge Ali Hameed fornicating with three different foreign women in a Colombo hotel room were leaked on social media.

The JSC set up an investigative subcommittee twice, but has failed to follow the subcommittee’s recommendations to suspend Hameed for failing to cooperate with the investigation.

In 2011, the JSC decided to take action against Criminal Court Chief Judge Abdulla Mohamed for politically biased comments in the media. Abdulla Mohamed, however, requested the Civil Court invalidate the JSC’s decision, claiming the media had taken his statement out of context.

The Civil Court issued an injunction in November 2011, ordering the JSC to halt disciplinary action until the court had reached a verdict in the case. The High Court upheld the Civil Court’s injunction in April 2012.

Abdulla Mohamed retains his position as Criminal Court Chief Judge. He was among the ten judges the JSC had decided to transfer before the Supreme Court’s order.

Abdulla Mohamed was a central figure in the downfall of former President Mohamed Nasheed, following the military’s detention of the judge after the government accusations of political bias, obstruction of police, stalling cases, links with organised crime.

The Home Minister at the time described the judge’s conduct as “taking the entire criminal justice system in his fist” in order to protect key figures of the former dictatorship from human rights and corruption cases.

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Chief Justice silent on Judge Ali Hameed’s sex tape probe

Chief Justice Ahmed Faiz Hussain has refused to comment on Supreme Court Judge Ali Hameed’s alleged appearance in a series of sex tapes, claiming the judicial oversight body will investigate offenses committed by judges.

Speaking to the press following the inauguration of a seminar on criminal procedures and sentencing at Nasandhura Palace Hotel, Faiz said: “We are speaking about accusations. The Chief Justice will comment on the matter when relevant authorities decide on the nature of the accusations. How many other’s have also faced accusations?”

However, the judicial oversight body Judicial Services Commission (JSC) has failed to take action against Hameed despite repeated recommendations for suspension by two separate sub committee set up to investigate the matter.

A second subcommittee set up in December requested the JSC suspend Hameed claiming he had refused to cooperate with the investigation.

JSC member and opposition MP Ahmed Hamza said JSC chair and Supreme Court Judge Abdulla Mohamed have refused to schedule the issue on the commission’s agenda.

Hamza has told local media he believes the JSC will delay deliberations on the issue until his membership and the People’s Majlis Speaker Abdulla Shahid’s membership expires with the inauguration of the new parliament in June. Shahid and Hamza both belong to the opposition Maldivian Democratic Party (MDP).

The 10 member commission includes representatives from the legislature, judiciary, executive, and public.

Local media in December reported that the Maldives Police Services had sent a letter to the JSC claiming the sex-tape probe had been stalled due to the Criminal Court’s failure to provide keys search warrants.

The police had allegedly sought two warrants, one to authorise the police to take a photograph of Hameed’s face for comparative analysis, and a second to search his residence.

Neither the police nor the JSC have confirmed the existence of the letter, but the police have said it was still unable to determine if the man in the three sex tapes is Hameed despite several forensic tests.

At the time, Superintendent Abdulla Nawaz said the police were awaiting key information from abroad for more clues.

Spy cam footage allegedly depicting Hameed indulging in different sexual acts with multiple foreign women surfaced on local media last July.

One such video – time-stamped January 24 2013 – showed the judge fraternising with a topless woman with an eastern European accent. At one point the figure alleged to be the judge – who was only wearing only white underwear –  leans into the camera, making his face clearly visible.

Afterwards, the woman repeatedly encourages the man to drink wine from a mini-bar. “If I drink that I will be caught. I don’t want to be caught,” the man insists, refusing.

Images and symbols depicting scenes from the sex-tape formed a prominent part of protests against the court’s repeated interference in the presidential election of 2013.

The videos appeared shortly after a film – also involving Hameed – began circulating on social media in which he appeared to be discussing political influence in the judiciary with a local businessman.

Despite public circulation of the videos and widespread media coverage of the scandal, Hameed continues to sit on the Supreme Court bench.

Following the scandal, Hameed was one of the four judges forming the majority in the Supreme Court’s decision to annul the initial first round of the 2013 presidential election, as well as the ruling that unseated two opposition MPs over a controversial case of decreed debt.

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Raajje TV’s report on Supreme Court not a national security threat: MBC

Opposition aligned broadcaster Raajje TV’s report criticizing the judiciary does not threaten national security, the Maldives Broadcasting Commission (MBC) has told Chief Justice Ahmed Faiz.

In October, the Supreme Court requested the MBC to investigate Raajje TV after it broadcast a report comparing the apex court to the the corrupt judges from Koranic city of Sodom.

The report, titled “Magey Report” (My report), especially highlighted the case of Supreme Court Judge Ali Hameed whose alleged appearance a sex-tape is currently under investigation. Ali Hameed is still a sitting judge on the Supreme Court bench.

“While you have mentioned in the letter referred here that “Magey Report” broadcasted on Rajje Tv in the evening of 19 October 2013 contained content that is a threat to national security, this commission did not notice any such content during our investigation”  read the MBC’s letter sent on Thursday.

However, the commission ruled that the content of the report violated several codes of the Broadcasting Code of Practice. The commission has ordered Raajje TV not to broadcast the report again without amending it and has asked the station to broadcast an apology message.

According to the commission, Raajje TV had used language and references against socially accepted standards, broadcast content that could insult or reduce the sanctity, honor and dignity of a person or persons, and broadcast the report in a manner that could violate rights of children.

MBC noted the Supreme Court had asked for the investigation to be completed within ten days even though the Broadcasting Act allows a 60 day investigation period.

The Supreme Court had also ordered Maldives Police Service to investigate the report, in response to which MPS conducted a criminal investigation and sent the case to Prosecutor General’s Office late November.

During the investigation, the Channel’s Deputy CEO Yaameen Rasheed and News Head Ibrahim ‘Asward’ Waheed were summoned by the Police. Raajje TV has chosen to remain silent

The Maldives Media Council and MBC expressed concern over the Supreme Court’s order describing it as “obstruction of press freedom”.

The MBC requested the Supreme Court to repeal the court order, however the request was denied. Chief Justice Ahmed Faiz Hussain threatened to take action against “those who spread false information about judges without respecting the sanctity of the court” saying contempt of court will not be allowed.

Serious concerns about the Maldives judiciary have been raised by various International institutions and experts, including the United Nations Special Rapporteur on Independence of Judges and Lawyers Gabriela Knaul, International Commission of Jurists and the United Nations High Commissioner for Human Rights Navi Pillay.

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Committee investigating supreme court judge’s sex-tape requests suspension

The sub-committee formed by the Judicial Service Commission (JSC) to investigate the alleged sex-tape scandal of Supreme Court Judge Ali Hameed has again requested for the suspension of the judge after his refusal to cooperate with the investigation.

“We have sent the request to the JSC to suspend Ali Hameed after the members of the committee found the need to suspend him. We don’t know whether commission would do it or not,” a member of the committee was quoted saying in the local media.

Speaking to Minivan News, a JSC member confirmed that a request had been received to the commission but had not yet made a formal decision regarding the request.

Local newspaper Haveeru has reported that the committee’s request for suspension of the judge was also due to challenges facing the commission – from both the JSC and the Supreme Court – due to Hameed remaining as sitting judge.

Furthermore, local media claimed that Judge Hameed had turned down requests made by the commission to come in for questioning.

Previous call for suspension

Last July, a similar call by the same committee to suspend the disgraced judge was disregarded by the full commission, who questioned the committee’s basis for such a request.

Judge Hameed was able to survive the committee’s attempt to suspend him after four JSC members voted against the recommendation.

The four members included President Mohamed Waheed’s Attorney General Azima Shukoor and his representee Latheefa Gasim – a member of the committee who supported the suspension in committee before later changing her mind.

The other dissenting members were then-parliament’s representative to the commission, resort tycoon and MP Gasim Ibrahim – who later lost his seat at the JSC following his decision to contest the 2013 presidential elections and then-Chair of the Civil Service Commission, Mohamed Fahmy Hassan. Fahmy had been dismissed by parliament in a late 2012 no-confidence motion over allegations of sexual harassment, before being reinstated by the Supreme Court in March 2013.

All four members defending Hameed said that there was “lack of sufficient evidence” to suspend him.

Police Investigation

Earlier this December, local media reported that police had sent a letter to the JSC in which it claimed the sex-tape probe had been stalled due to Criminal Court’s failure to provide key search warrants central to ascertaining Judge Hameed’s depiction in the videos.

The police had allegedly sought two warrants, one being an authorisation from the court allowing police to take a facial photograph of Judge Hameed for comparative analysis, and the second being a search warrant of Hameed’s residence.

Neither the police nor the JSC have confirmed the existence of this letter, though the police have publicly noted similar difficulties in its investigation without mentioning warrant requests.

Superintendent Abdulla Nawaz told media earlier this month that the police had been awaiting some key information from abroad regarding the case.

“We believe once we get this information [from abroad], more doors will be opened and more clues to the case will be revealed, to enhance our investigations,” Nawaz said at the time.

In sum, Nawaz admitted that efforts had not been fruitful in determining the participants, let alone whether it was Hameed seen fornicating with multiple foreign women inside the hotel room.

The sex-tape

Spy-cam footage allegedly depicting the Supreme Court Judge indulging in different sexual acts with multiple foreign women surfaced on local media last July.

In one such video, time-stamped January 24 2013, showed the judge fraternising with a topless woman with an eastern European accent. At one point the figure alleged to be the judge – who was only wearing a white underwear –  leans into the camera, making his face clearly visible.

Afterwards, the woman repeatedly encourages the man to drink wine from a mini-bar. “If I drink that I will be caught. I don’t want to be caught,” the man insists, refusing.

The case rose to prominence once more after the Supreme Court’s decision to annul the first round of the presidential elections in October.

Images and symbols depicting scenes from the sex-tape formed a prominent part of protests against the court’s repeated interference in the election.

The videos appeared shortly after a film – also involving Judge Hameed – began circulating on social media in which the Supreme Court Judge appeared to be discussing political influence in the judiciary with a local businessman.

The appearance of the videos also coincided with the arrest and release of Ahmed Faiz – a council member of former President Dr Mohamed Waheed’s Gaumee Ihthihaad Party and the then-project advisor at the Housing Ministry – while he was allegedly trying to sell a sex-tape of the judge.

As of yet, despite public circulation of the videos and widespread media coverage on the scandal, Judge Ali Hameed still continues to sit in the Supreme Court.

He had been one of the four judges who formed the majority ruling in the Supreme Court’s decision to annul the initial first round of the 2013 presidential election as well as the ruling that unseated two opposition MPs over a controversial case of undecreed debt.

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