Tag: civil court

Sheesha brothers file case to retrieve stolen funds from State Bank of India

The Sheesha brothers have have filed a case with the Civil Court to implement the court’s January 16 ruling which had ordered the State Bank of India (SBI) to pay them MVR13.5 million plus interest within one month.

During a press conference held yesterday the brothers and their lawyer Abdul Nasir Ibrahim revealed that SBI had not paid the money to the company according to a Civil Court ruling, and that the court had now accepted the case.

On January 16, the Civil Court had ruled that SBI had to pay the brothers’ motorcycle importing company MVR13.5 million outstanding from the total MVR18 million that had been discovered missing from its account in November 2011 after a series of unauthorised transfers.

Nasir said yesterday that he had met with SBI before filing the lawsuit and that the bank had told him that it would transfer the money only if the Civil Court deemed that the previous court ruling should be implemented.

Nasir told the press yesterday that, although SBI had the right to appeal the Civil Court ruling at the High Court, ruling was now in existence and had to be implemented unless the High Court rules otherwise.

Having met with the Maldives Monetary Authority governor – then Dr Fazeel Najeeb – regarding the issue, Sheesha’s lawyer had been told to find a solution through the courts. Nasir also called on the MMA to take action against SBI for not implementing the Civil Court’s ruling.

Following the discovery of the unauthorised removal of the funds, the company – owned by Ahmed Hassan Manik, Hussain Husham, and Ibrahim Husham – told local media that the money had been transferred to a Bank of Maldives account using a forged document faxed to SBI with Manik’s name and signature.

The brothers said they would sue SBI and requested that the bank take full responsibility for the theft – which had comprised of two transactions totalling MVR18 million.

The Prosecutor General’s Office pressed charges against seven people in connection with the case in May 2013, including a retired Maldives National Defence Force (MNDF) colonel, and two staff members from SBI.

In November 2011, the Criminal Court issued an Interpol red notice to apprehend three persons suspected to be involved in the case.

Local newspapers at the time reported that Colonel Shaukath Ibrahim’s bank account was used to transfer the money and to withdraw it.

Yesterday, Sheesha’s lawyer told the press that the Civil Court had ruled SBI had neglected its responsibilities and that its negligence had caused the loss of the company’s MVR18million.

Of the total MVR18 million stolen, local media has reported that the company was able to recover MVR4.4 million from the Bank of Maldives account that the money had been transferred to.

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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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Civil Court allows Alhan’s lawsuit to invalidate party primary to continue

The Civil Court has ruled against the Maldivian Democratic Party (MDP) in a procedural issue raised in the lawsuit seeking the invalidation of the Feydhoo constituency primary.

During the hearing, the MDP’s lawyer had told the court that the complainant – second-placed candidate Alhan Fahmy – had not completed all procedures within the party to solve the issue, and that he could not therefore file a lawsuit.

However, the Civil Court today ruled that halting the case would deprive Alhan of the right to a fair trial as guaranteed in Article 42 of the constitution.

After losing the contest for Majlis elections to Mohamed Nihad, Alhan claimed that the list used on polling day was different from the [eligible] voter lists, and that any candidate who won the party ticket through a fraudulent vote could not be a valid one.

Alhan called for a fresh vote in the constituency, claiming the voter list used at polling stations was outdated and did not afford 67 party members the right to vote.

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

Online newspaper CNM today quoted MDP Chairperson and MP ‘Reeko’ Moosa Manik as saying that the MDP will not change any of the party’s candidates and that it would not be wise to give the party ticket to a different candidate while there were only 18 days before the parliamentary election.

He also told the paper that the MDP had received complaints regarding people campaigning in contravention of party policies, and that cases have been filed with the party’s disciplinary committee to take action against those persons.

Moosa said that he, as the chairperson of the party, appealed to all party members not to do anything that would cause divisions within the party and that he would not give anyone the chance to do so.

Stabbing and party history

On February 1 – the same day Alhan announced that he would file a case with the court to cancel the primary – he was stabbed while at Breakwater cafe in the artificial beach area of Malé.

Following the attack Alhan’s left leg was paralysed though he has since regained the ability to walk, with the aid of a crutch.

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.’’

Alhan is now contesting in the parliament election as an independent candidate.

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AG withdraws from non-cooperation case against Raajje TV

The appeal case concerning the President’s Office’s refusal to cooperate with private broadcaster Raajje TV has been withdrawn by the Attorney General’s (AG) Office.

The office is quoted as saying in local media that the case was withdrawn because it was not the policy of the government to work against any media outlet.

An official from the AG’s office was quoted in online newspaper CNM as saying that the government’s policy was to provide equal opportunity to all media outlets.

On April 14, 2013, the Civil Court ruled in favour of the Maldivian Democratic Party-aligned Raajje TV after the President’s Office had barred the station from the then-President Dr Mohamed Waheed’s press conferences and functions.

The office told parliament’s government oversight committee that Raajje TV was not invited to press conferences as the station did not fit the criteria or standards of reporting set out by the President’s Office.

The policy of the President’s Office was to invite “responsible and experienced” media outlets, which included private broadcasters DhiTV and VTV, state broadcaster Television Maldives (TVM), newspapers Haveeru and Miadhu, as well as internet publications Sun Online and Minivan News.

The Civil Court ruling was subsequently appealed at the High Court by the attorney general.

At the time, the Maldives Media Council also asked the prosecutor general to press charges against the President’s Office over what it found to be discriminatory treatment.

Raajje TV’s dispute with the President’s Office followed a similar disagreement with the Maldives Police Service (MPS) in 2012, during which police announced that they had stopped cooperating with the local broadcaster, alleging the station was broadcasting false and slanderous content which had undermined the services credibility of the MPS.

On February 5, 2013, the Civil Court ruled that a decision by the police to cease cooperating with opposition-aligned TV station Raajje TV was unconstitutional.

Raajje TV’s main studios were destroyed last October in a premeditated arson attack carried out by a group of masked men. After the police’s role in the incident was criticised by Reporters Without Borders, the Police Integrity Commission recommended charges be filed against two unnamed officers.

The station has also been the subject of a Supreme Court-ordered investigation into its alleged criticism of the court’s rulings. In December, police requested the Prosecutor General press charges against both the News Head of Raajje Television Ibrahim ‘Aswad’ Waheed and the Deputy Chief Executive Officer of the Station Abdulla Yameen Rasheed.

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MP Alhan Fahmy returns to Malé following stabbing

Maldivian Democratic Party (MDP) MP Alhan Fahmy has returned to the Maldives after recuperating in Sri Lanka following a stab attack in Malé last month.

Local media reported that the Feydhoo constituency member returned yesterday, walking with a crutch following initial fears that the wound received to his back may have caused permanent paralysis.

Alhan, set to contest for his parliamentary seat as an independent later this month, is said to be planning a press conference in the near future, reported Haveeru.

The Civil Court last week accepted the MP’s request to look into the MDP’s Feydhoo primary contest – which took place just days before the attack. Alhan has claimed the vote was fraudulent.

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ACC, Civil Court orders Islamic Ministry to halt bidding process for Hajj groups

The Anti-Corruption Commission (ACC) has ordered the Ministry of Islamic Affairs to halt the bidding process for selecting Hajj Groups to accompany Maldivian pilgrims and to revise the criteria for awarding quotas.

Following an investigation into alleged corrupt practices, the ACC revealed in a press statement today that it identified nine issues with the regulations (Dhivehi) formulated by the ministry for evaluating bid proposals, which was published in the government gazette on February 12.

The ACC investigation was prompted by a complaint lodged at the commission alleging that the regulations were being used to unduly benefit certain parties.

The ACC decision came on the heels of a stay order (Dhivehi) issued by the Civil Court this morning ordering the ministry to halt the bidding process pending a ruling on the validity of the regulations.

The stay order or injunction was granted in a lawsuit filed by two Hajj groups – the Abatross and Minaa groups – contending that the bidding process was unfair.

Among the issues identified by the ACC was a new requirement for interested parties to submit bank statements – dating back six months – of the company’s management account and money depositing account.

Companies were also required to submit details of employees who would be accompanying pilgrims as well as documents proving their experience.

While 15 percent of marks were to be awarded for experience, the ACC noted that the regulations did not specify how experience would be measured or graded.

Moreover, while companies were required to submit details of ticket prices along with their proposal, the ACC noted that it would depend on the quota, which was to be decided by the ministry following evaluation of bids.

In addition, the commission found that there were no guidelines to evaluate the proposed price (45 percent of marks) and the quality of service (30 percent), whilst the ministry had not set a ceiling for the quoted price.

Based on its findings, the ACC ordered the ministry to revise the issues identified in its investigation report – shared with the ministry today – before resuming the bidding process.

Of the 800 pilgrim quota afforded to the Maldives by Saudi Arabia, 400 were reserved by the government’s Hajj Corporation while the rest were to be divided amongst companies chosen from the bidding process.

The proposals were to be submitted to the Islamic Ministry at 10:30am today.

The bidding process for Hajj groups was marred by controversy in 2013 as well. In May, the High Court overturned a Civil Court ruling in which the trial court ordered the Islamic Ministry to reevaluate several unsuccessful bids presented by local Hajj groups.

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Feydhoo primary annulment case accepted by Civil Court

The Civil Court has reportedly accepted the case of Maldivian Democratic Party (MDP) MP Alhan Fahmy, who has requested the annulment of the the Feydhoo constituency primary election.

After losing the contest for next month’s Majis elections, Fahmy claimed the contest was fraudulent and that any candidate who won the MDP ticket through fraud cannot be a valid one.

After Mohamed Nihad won the primary, Fahmy alleged that the list used on polling day were different from the [eligible] voter lists.

Alhan called for a fresh vote in the constituency, claiming the voter list used at polling stations was outdated and did not afford 67 party members the right to vote.

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

After attempting to file the case with the High Court, the MP’s legal representatives were told that the court did not have the jurisdiction to look into internal party matters.

Alhan was stabbed in public on February 1 and is currently recovering in Sri Lanka. He has announced he will contest March’s People’s Majlis election as an independent.

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Civil Court dismisses STO’s case against MP Riyaz Rasheed’s Meridian Services

The Civil Court has dismissed a case filed by the State Trading Organisation (STO) against MP Riyaz Rasheed’s Meridian Services seeking to recover MVR19.3 million (US$1.2 million) released as credit.

According to local media, the court dismissed the lawsuit after STO lawyers did not turn up to a hearing scheduled for February 6.

Judges are empowered to dismiss cases if the plaintiff or claimant does not attend court hearings.

The former Dhivehi Qaumee Party MP meanwhile joined the ruling Progressive Party of Maldives last month.

STO and Meridian Services signed an oil trade agreement on March 31, 2010, which offered the company a credit facility worth MVR20 million (US$ 1,297,016.86) for purchasing oil from STO.

The agreement stipulated that payments had to be made within a period of 40 days.

However, in August 2010, STO lowered its credit limit from MVR20 million to MVR10 million (US$648,508.43) and shortened the payment period from 40 to 30 days, prompting Meridian Services to sue STO for alleged breach of contract.

Meridian Services lost the first case, however, after Civil Court Judge Abdulla Jameel Moosa ruled in favor of STO.

Case history

In April 2012, the STO sent a letter to the Civil Court requesting withdrawal of the case against Meridian. However, then-STO MD Shahid Ali claimed a week later that the letter was sent “by mistake.”

The STO’s intent was to request delaying hearings as the company did not have the legally required number of members on its board of directors following the “change in government” on February 7, 2012, Shahid explained, adding that the case would resubmitted.

At a hearing of the case in June last year after the trial resumed, STO lawyers claimed that original documents of business transactions with Meridian had been stolen.

The theft of the documents from the STO office occurred on October 27, 2011 and was reported to police at the time, the lawyers said.

The lawyer reportedly requested the opportunity to present witnesses to prove the authenticity of copies or other records of the stolen documents.

However, lawyers for the Vilufushi MP’s Meridian Services disputed the authenticity of the purchase orders, delivery notices, and invoices submitted as evidence by STO, claiming the documents were forged.

The Meridian lawyer claimed that there were discrepancies in the purchase orders and delivery notes with inconsistent numbers and quantities as well as lack of signatures.

In response, the STO lawyer said Meridian had not submitted any evidence or any statement challenging the validity of the evidence submitted by STO.

The judge adjourned the hearing after announcing that a decision would be made at the next hearing over STO’s request to present witnesses.

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High Court refuses to accept case requesting invalidation of MDP Feydhoo ticket winner’s candidacy

The High Court has refused to accept a case filed by Maldivian Democratic Party (MDP) MP Alhan Fahmy requesting invalidation of the MDP’s Feydhoo primary winner Mohamed Nihad’s candidacy.

Alhan’s sister, Noorban Fahmy – also the Feydhoo MPs’ lawyer – told local media that the High Court’s registrar informed her that it could not hear cases related to internal elections conducted by political parties.

The case will be filed at the Civil Court tomorrow, she said.

“I asked for the primary to be annulled because the list used on polling day and the [eligible] voter list is different, and the focal point at the ballot box in Feydhoo has said the polls are not fair. And none of the candidates have signed the results,” Alhan had previously told newspaper Haveeru.

The incumbent MP contends that the election in the Feydhoo constituency was fraudulent and that any candidate who won the MDP ticket through fraud cannot be a valid one.

Nihad competed against eight candidates, winning 316 votes. Alhan came in second with 154 votes.

Alhan called for a fresh vote in the constituency, claiming the voter list used at polling stations was outdated and did not afford 67 party members the right to vote.

The party’s election committee has confirmed that 67 members were indeed missing from the list at the ballot box, but decided against holding 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. He has announced he will contest March’s People’s Majlis election as an independent.

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