Tag: Attorney General

Attorney General accuses Gahdhoo Court of misleading the public

The Attorney General’s Office has accused Gahdhoo Island Court of misleading the public, after the Court summoned the AG and threatened to hold him in contempt of court if he failed to appear.

The judge had requested the AG’s Office send a representative to appear in an ongoing trial of a case concerning the government.

In a statement, the AG’s Office said that the case Gahdhoo Island Court was referring to was a suit related to the Pension Administration Office, which had its own legal authority to both file suits and respond to legal summons. The government was not required to send representatives from the AG’s Office, it said.

The AG’s Office further claimed said that the Gahdhoo Island Court had not examined the suit in as much detail as it was obliged to do legally, and had mistakenly registered the suit as against the government rather than the Pension Administration Office.

According to the statement, the AG Office had not received any summons chit from the court besides the one sent yesterday, and that there was no reason for the Prosecutor General to take action against the AG.

The AG Office accused Gahdhoo Island Court of phoning media outlets and telling them that the Attorney General was in contempt of court.

Gahdhoo Island Court yesterday sent a summons chit to Attorney General Abdulla Muiz, requesting he produce himself to the island court.

According to the local media, the Gahdhoo Court Judge decided to summon Muiz after the AG’s Office did not send a representative from the AG in a case involving the office.

The judge claimed that the AG was guilty of contempt of court and requested the Prosecutor General to take action against him, and said that no exemption would be made if Muiz defied the summons.

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Prosecutor General’s Office spent Rf145,596 in violation of Public Finance Act, finds audit report

The audit report of the Prosecutor General’s Office (PGO) for the financial year 2010 has found that the office spent a total of Rf145,596 (US$9,706) in violation of the Public Finance Act.

In the report made public yesterday, Auditor General Ibrahim Niyaz revealed that the PGO spent Rf 40,745 (US$2640) in additional expenses for interior design after moving to its new offices without an agreement on price and quality of the work as required by section 8.21 of the public finance regulations.

In addition, the PGO spent Rf 58,913 (US$3800) out of its 2010 budget to settle outstanding bills from 2009 without requesting the funds from the Finance Ministry in the duration stipulated in the Public Finance Act.

Moreover, the PGO spent Rf45,938 (US$3000) on an official dinner to participants of an e-crime conference participants in June 2010 without a publicly-announced bidding process.

In an issue highlighted in previous audit reports of state institutions for 2010, the Auditor General noted that financial statements were not prepared in accordance with international public sector accounting standards (IPSAS) following principles of “accrual accounting” or the “financial reporting under cash basis of accounting” issued by the IPSAS board.

The PGO however informed auditors that it would discuss the issue with the Finance Ministry to prepare financial statements in accordance with international standards in the future.

Attorney General’s Office

Meanwhile the audit report of the Attorney General’s Office (AGO) published along with the PGO audit report, the Auditor General noted that staff were paid overtime salary for the time spent waiting in a queue to sign out at the fingerprint system at the end of working hours.

The audit report also found that the Attorney General’s Office had not settled bills for services obtained from different parties within the duration stipulated in the public fiance regulations.

The AG Office was meanwhile owed a total of Rf 71,637 (US$4640) from different parties dating from 2009 but had not taken adequate efforts to recover the money, the audit found, adding that the cases had not been filed at court two years on.

A comparatively high amount of money had meanwhile been spent since 2002 for a software installed to maintain records of employees and case files, the audit found, noting that Rf1.5 million (US$100,000) had been spent as of last year to the company that created the software for maintenance fees, upgrades and other expenses.

The AGO informed auditors that the software initially purchased for Rf376,200 (US$24,000) would not be used from next year onward.

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No-confidence motion against Attorney General will not succeed, say MDP Chairperson

Maldivian Democratic Party (MDP) Chairperson ‘Reeko’ Moosa Manik has said that the no-confidence motion opposition parties were trying to file in the parliament against the Attorney General Abdulla Muiz will fail.

“We will not let the no-confidence motion succeed, Progressive Party of Maldives (PPM) and Dhivehi Rayyithunge Party (DRP) is attempting to terminate anyone that works for justice,’’ Moosa told MDP Official website.

Moosa said that the no-confidence motion was planned to save Gassan Maumoon, son of former President Maumoon Abdul Gayoom, who is currently being investigated for allegedly hitting a 17 year-old boy with a wooden plank.

Recently, interim council member of PPM Mohamed ‘Mundhu’ Shareef told the local newspaper that he was concerned about the revision of prosecution guidelines, insisting that it might force Prosecutor General Ahmed Muiz to press criminal charges against Gassan Maumoon.

“His decision to revise prosecution guidelines concerning a single individual proves that he hasn’t been carrying out his responsibilities,” he told newspaper Haveeru, adding that Muiz had violated the Supreme Court ruling issued in September 2009 in Anti-Corruption Commission (ACC) President Hassan Luthfy’s case that the AG cannot appeal verdicts delivered by lower courts.

Shareef told the media that he will submit a resolution to PPM Parliamentary Group to forward a no-confidence motion against AG Muiz.

Meanwhile, the government has said that it will forward a no-confidence motion against Prosecutor General after he allegedly forced a police senior officer’s team to leave his office when they went to see the PG for advice on Gassan’s arrest and the Criminal Court’s ruling.

When police arrested Gassan for investigation of the case where a 17 year-old boy was injured, the Criminal Court ruled that police have violated the criminal justice procedure in arresting Gassan and that he cannot be held in detention.

Later the police said most of the criminals arrested in the past were arrested in the same way as Gassan and that if Gassan’s arrest was unlawful so will be all the arrests made in the past.

PPM Spokesperson Ahmed Mahlouf and Media Coordinator Ahmed Nihan did not respond to Minivan News at time of press.

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President forms committee to control gang violence in the Maldives

President Mohamed Nasheed has formed a special committee to curb gang violence and gang related crimes in the Maldives.

The committee consists of National Security Advisor Ameen Faisal, Home Minister Hassan Afeef, Attorney General Abdulla Muiz, State Defence Minister Mohamed Muiz Adnan and Prosecutor General Ahmed Muiz.

The President’s Office said that the committee had their first meetings yesterday afternoon and had decided to establish a special task force to curb serious and organised crime.

The task force will be led by Maldives Police Service and will consist of officials from the Maldives National Defence Force (MNDF), Department of Penitentiary and Rehabilitation Services (DPRS), Attorney General’s Office, Ministry of Education, Courts of law, Prosecutor General’s Office, Maldives Customs Service, Ministry of Health and Family, Ministry of Human Resources Youth and Sports, Immigration Department and officials from the Local Government Authority.

The work of the special task force will be to secure the citizens of the country, isolate and arrest those who commit offences that disrupt the peace and harmony, to rehabilitate criminals and to offer opportunities for them to be back in society after they are reformed.

‘’This committee assures the citizens that we will constantly work to reinstate the peace in this country in national level,’’ the committee said in a statement via the president’s office. ‘’We will continuously try to gain attention and cooperation from the implementing agencies, businessman, NGOs, political parties and the public.’’

The committee said that in order to achieve its goal, all the institutions should corporate and work together.

This week the committee will meet the Speaker of Parliament Abdulla Shahid, National Security Committee [241 committee] of the parliament, Chief Justice Ahmed Faiz and other judges at the Supreme Court.

Recently a ruling Maldivian Democratic Party (MDP) MP Ahmed Rasheed presented an amendment to the Clemency Act which requires upholding death sentences if upheld by the Supreme Court and later withdrew it for the Penal Code and Evidence Bill was not yet passed.

In 2008 Rasheed said 104 cases of assault were sent to Prosecutor General, increasing to 454 in 2009 and 423 cases in 2010.

More recently 21 year-old Ahusan Basheer was stabbed to death on Alikileygefaanu Magu.

On June 2008, the major gangs in Male’ gave a press conference at Dharubaaruge and declared ‘’peace’’ and vowed to work together.

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Tourism Minister Dr Sawad nominated as new attorney general

Tourism Minister Dr Ahmed Ali Sawad has been nominated as the new attorney general of the Maldives, according to a senior government official.

Husnu Suood resigned yesterday, taking some responsibility for the constitutional crisis, and urged Speaker Abdulla Shahid to step down as well.

The source told Minivan News that Dr Sawad was ready to take the oath of office pending the missing law on judges, which the administration is waiting for parliament to pass.

‘’As soon as the parliament passes the new law on judges, the new Attorney General will take the oath,’’ said the source.

Dr Sawad was not contactable at time of press.

Meanwhile, the MNDF has blocked the the interim Supreme Court judges from entering the Supreme Court, on advice from the former Attorney General that the interim Chief Justice and judges at the Supreme Court ceased to have any legitimacy following the interim period deadline last Saturday.

When queried why the Supreme Court judges were not allowed to enter to the court, the source replied “that’s because they are not judges.’’

The opposition – and yesterday, the Civil Court – contends that the interim Supreme Court continues to function until a new court is appointed by parliament.  The government claims this chapter was annulled after the two year deadline.

The former Attorney General Husnu Suood resigned claiming his position is untenable in the “constitutional void” triggered by parliament’s failure to enact legislation ensuring the continuation of state institutions such as the judiciary.

In his resignation letter, Suood stated that he had resigned because he did not believe that the state could be operated according to the constitution, because he had noted that state institutions had failed to fulfil their responsibilities as obliged by the constitution.

As a consequence, Suood wrote he did not have the opportunity to perform his own duties and responsibilities under article 133 of the constitution, prompting his resignation.

All three arms of state – executive, judiciary and legislature – are now deadlocked.

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AG Suood ‘finds’ letter from speaker of parliament requesting former AG to dissolve a case of MP Nazim

Attorney General (AG) Husnu Suood has claimed to have discovered a letter signed by the Speaker of the Parliament and Dhivehi Rayyithunge Party (DRP) MP Abdulla Shahid requesting a former attorney general dissolve a case against Deputy Speaker and Deputy Leader of the People’s Alliance (PA) MP Ahmed Nazim, who has recently been charged for corruption and bribery.

Suood revealed he had the letter at a Maldivian Democratic Party (MDP) event at Dharubaaruge last night.

Press Secretary for the President Mohamed Zuhair explained that Speaker of Parliament Abdulla Shahid was the executive secretary for the former President Maumoon Abdul Gayoom when he sent the letter.

“The letter was sent to the former attorney general, and Suood managed to find it in his office,” said Zuhair. “It was a case related to 500 [electricity] house meters and one other case, both related to the State Electric Company (STELCO).”

Zuhair further said that People’s Alliance party (PA) leader and MP Abdulla Yamin was the Chairman of STELCO at the time.

“The government will investigate all cases of corruption and will send the matter to the Prosecutor General’s office and present those people before the judges,” he said. “If the lower courts find them innocent, we will take it to the higher courts, to the Supreme Court and if necessary, to the international courts.”

Shahid denied the claims and said he had never sent such a letter to a former attorney general.

“I was not even in a position to send a letter to the former attorney general requesting someone’s case be dissolved,” he said. “When people make allegations like this, they should define it so the accused knows how to respond.”

Nazim did not respond to Minivan News at time of press.

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We will uphold the constitution and rights of the people: Supreme Court

Regarding the political chaos that has developed in the Maldives, the Supreme court has issued a statement assuring the people that the judicial system will maintain the power of the constitution and rights of the people for every individual without discrimination.

The judicial system is one of the basic elements of democracy and the most important institution for maintaining freedom and rights, says the Supreme Court.

”We appeal to the beloved people to maintain law and order,” said the statement. ”We are one nation, we speak one language, and our religion is Islam.”

The people had established a democratic policy to obtain economic development and a better life, says the Court.

”The basis of this policy is for the people, the executive and the institutions to obey the constitution and laws, and for the three powers of state to fulfil their obligations within the law,” the statement said. ”and for those powers to co-operate together to achieve national goals without impeding each other.”

However, former attorney-general Husnu Suood has said recently that he did not believe that the Supreme Court can make judgments fairly.

The government could not resort to the Supreme Court to overturn parliamentary decisions, “because we filed two cases in the Supreme Court, and they ruled it was not the right of the government to file such cases.”

State institutions had failed, Suood said, and senior officials of the judiciary were “irresponsible”, and the independent commissions were operating like “small governments”. “All this has brought the government to a standstill,” he said.

Meanwhile, opposition MP Ali Waheed has claimed that the government is trying to declare a state of emergency to gain more powers.

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Religious unity regulations on hold

The new regulations under the Religious Unity Act of 1994 drafted by the Islamic Ministry will be reviewed and amended by the Attorney General’s office before publication in the government gazette, the cabinet decided yesterday.

While the regulations were completed last month, its publication was delayed due to “ambiguities and policy issues”, according to Mohamed Zuhair, president’s office press secretary.

Zuhair told Minivan News at the time that the president’s office received complaints from individuals and religious NGOs regarding some of the provisions.

State Minister for Islamic Affairs Sheikh Mohamed Shaheem Ali Saeed said today he was “very happy” with the cabinet deliberations.

“They actually raised some good points. They’re not really policy issues,” he said. “I believe the recommendations and suggestions that were made could improve and strengthen the regulations so that they will be more beneficial to society.”

Shaheem said the changes recommended to the draft regulations were “minor” and to “a few provisions.”

“We are working together with the attorney general’s office and Insha Allah it will be published soon,” he said.

He added that he will reveal the specific amendments or changes at a later date.

The Islamic Foundation of Maldives called on the government not to publish the regulations yesterday as it had identified five issues that could be problematic.

On the criteria for issuing preaching licenses, the Foundation argues that requiring scholars to be at least 25 years of age was both unconstitutional and not specified in Islam.

Article 27 of the constitution states that everyone has the right to freedom of thought and the freedom to communicate opinions and expressions in a manner that is not contrary to any tenet of Islam.

The association “strongly condemns” sub-clause four of provision 16(b), which would disqualify anyone convicted under the Religious Unity Act, as the law was used to imprison religious scholars by the former government.

Religious scholars arrested under the former regime reportedly had their beards shaven with chili sauce.

Moreover, the Foundation argues, a provision that requires foreign preachers to be mindful of Maldivian culture and traditions was unnecessary as scholars should have the opportunity as long as the sermons were in accordance with the tenets of Islam.

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Cabinet requests amendments on Religious Unity Act

The Religious Unity Act, proposed by the Islamic Ministry, was discussed at the Cabinet meeting yesterday.

It was noted that some provisions needed to be reviewed and some amendments required before publication in the government gazette.

The Attorney General has been assigned with proposing the necessary amendments.

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