Tag: civil court

ACC to probe Civil Court Judge bribe claim

Read this article in Dhivehi

The Anti- Corruption Commission (ACC) is to launch an investigation into a Civil Court judge’s claim that she was offered a US$5 million bribe.

Speaking on Maldives Broadcasting Corporation’s (MBC) Friday afternoon show ‘Heyyambo’ Judge Aisha Shujoon Mohamed said there was some truth to the belief judges accepted bribes in the Maldives, revealing that she had been offered a US$5 million bribe herself.

“I became angry and shouted at them. Then they left,” she said.

Speaking to Minivan News, ACC President Hassan Luthfy said the ACC had decided to launch an investigation as Article 4 of the Anti Corruption Act requires the penalisation of anyone offering bribes to judges. Any individual convicted faces a 10-year jail term.

Luthfy said that judges must inform the ACC of bribe attempts immediately and that keeping such a case hidden is in itself a crime.

“Concealing bribe attempts is an offense, even by the code of conduct for judges. It is an offense not to inform this commission,” Luthfy said.

According to a study conducted by governance NGO Transparency Maldives in December, the judiciary is perceived to be among the most corrupt institutions in the country.

Approximately 55 percent of those surveyed believed the judiciary to be most corrupt, while 60 percent and 57 percent believed the parliament and political parties to be most corrupt, respectively.

Bribery

Speaking on ‘Heyyambo’, Shujoon said she could not say whether judges had or had not accepted bribes, but that it may happen given the salaries allocated to judges.

“It [bribes] can be very appealing if its sets you up for life, given our pay and the amount of work we have to do. So I cannot say there is no truth to that. That is because something like that happened to me,” she said.

There will always be individuals who are unhappy with verdicts, but judges can only decide on what is presented in the courtroom, Shujoon said.

“Verdicts are delivered on what is presented. Sometimes I wonder if I have truly delivered justice. But that is the way it is in front of the law and in front of me,” she said.

Shujoon is among the first female judges in the country. She said she had accepted her appointment in 2007 to prove women too can serve in the judiciary.

Shujoon further revealed that she considers her purpose fulfilled and is now deliberating on retiring from the judiciary.

The UN Special Rapporteur for the Independence of Judges and Lawyers, Gabriela Knaul, in March 2013 expressed concern over the gap in equal representation of women in the judiciary, stating that the country’s eight female judges had “reached their positions through sheer determination and dedication since there is no policy or strategy to increase women’s representation on the bench.”

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Civil Court judge reveals she was offered US$5 million bribe

Civil Court Judge Aisha Shujoon has revealed she was offered a bribe of US$5 million by a party to a case she was presiding over.

Appearing on state broadcaster Television Maldives’ (TVM) variety show ‘Heyyambo’ on Friday, Shujoon said that was the only time she was offered a bribe.

“I didn’t accept and raised my voice. So [the person] left,” she said.

Asked if she knew of cases where judges have accepted bribes, Shujoon said she was personally not aware of an instance.

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Former civil service chief has no grounds for appeal, says CSC

The Civil Court has held the first hearing into the compensation case for dismissed President of the Civil Service Commission (CSC) Mohamed Fahmy Hassan.

In late December, 2012, Fahmy filed charges against the state seeking compensation for losses after the People’s Majlis dismissed him from his position.

Fahmy’s dismissal followed the Majlis’ no-confidence motion in November 2012 after it had conducted an investigation into allegations of sexual harassment against him.

Speaking at the hearing of the case held today in the Civil Court, CSC legal representative Abdul Naseer Shafeeq stated that, as the law states that the president of the civil service must be appointed by the parliament, the parliament’s decision on the matter is final, local media reported.

Shafeeq added that once the parliament decided on the matter, he believed the secretariat was right in following the parliament’s decision. He further said that he had accepted the secretariat was right in not allowing someone other than the person appointed by parliament to enter the premises of the CSC and take up responsibilities of the Chair.

Fahmy’s access to the commission’s offices was revoked in September last year after he continued to attend work during the impasse between the judiciary and the legislature over his dismissal.

Last March, he Supreme Court -had ruled that parliament’s decision was void on the basis that it had breached the law. Fahmy used this ruling as justification in his case against the state.

He stated that, following the Parliament’s appointment of Dr Mohamed Latheef as the president of the CSC, Fahmy had no grounds to claim the responsibilities of the commission’s president.

Shafeeq further pointed out that Fahmy is currently filling another state position.

Incumbent President Abdulla Yameen appointed Fahmy to the post of Deputy High Commissioner of Maldives in Malaysia in the midst of the CSC scandal – just days after assuming office.

The state had previously raised procedural issues in the case, and arguing that the case cannot be carried forward.

Fahmy is suing the state for damages of over MVR7 million as compensation for financial losses and psychological trauma he has suffered through the CSC’s failure to allow him access to its premises and its severance of his pay after the parliament’ decision.

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Civil Court declares former police intelligence director’s arrest unlawful

The Civil Court has declared the Maldives Police Services’ arrest of former Director of Police Intelligence Sabra Noordeen on 16 March 2013 unlawful, unwarranted, and an ‘abuse of power’.

The court has also ordered the police to erase the record of the arrest and to issue a written apology.

Speaking to Minivan News today, Sabra said she had filed the case “because I wanted to set a legal precedent which would make the Police think about the wider rights and responsibilities they have to uphold before they exercise their powers.”

The police arrested Sabra upon her arrival at Malé International Airport on 16 March 2013 on the charge of “inciting violence” against a police officer on 5 March 2013 during the arrest of President Mohamed Nasheed. The police also confiscated her passport.

She was then handcuffed in order to be transferred to Dhoonidhoo prison. However, the police took her to Malé instead, and released her after issuing a summons to appear at the police station at a later date for questioning.

Sabra first appealed the Criminal Court warrant at the High Court and asked for compensation for damages. In August 2013, the High Court ruled the warrant valid, but said that Sabra should seek compensation at the Civil Court.

In yesterday’s verdict, the Civil Court noted the Criminal Court had not ordered the police to arrest Sabra, but had provided a warrant authorising her arrest upon the police’s request.

The court said she could only be arrested under such a warrant if there was “a necessity for her arrest”,  and if such a necessity ceases to exist, she should not be arrested “even if the warrant has not expired”.

The Civil Court noted that the High Court judges had deemed Sabra’s quick release on the day of her arrest to have been an indication of the lack of necessity for her arrest.

The Civil Court has also warned that the police’s abuse of power defeats the purpose for which the institution was founded, and would create doubt and fear about the the institution.

The verdict declared that Sabra’s arrest violated her right to protect her reputation and good name as guaranteed by Article 33 of the constitution, and the right to fair administrative action guaranteed by Article 43. The court also found that the police had acted against their primary objectives underlined in Article 244.

Following her arrest in March 2013, Sabra called for police reform in order for the institution to regain public confidence – including the dissolution of Special Operations unit and holding police officers accountable for misconduct and brutality.

“I quit the Maldives Police Service on 8 February 2012 with a profound sense of sadness for the institution and the colleagues I left behind. I do not believe that everyone in the MPS was involved in the mutiny or the coup and I do not believe in blaming everyone in a police uniform,” she wrote in an article detailing the events of her arrest.

Previously, the Criminal Court had declared the police’s arrest of incumbent Vice President Dr Mohamed Jameel Ahmed and the arrest of Ghassaan Maumoon, son of former President Maumoon Abdul Gayoom, as unlawful.

In 2010, the Civil Court also declared the Maldives National Defense Force’s “protective custody” of current President Abdulla Yameen as unconstitutional, while the Supreme Court ordered the immediate release of both Yameen and Gasim Ibrahim (both members of parliament at the time).

Accusations of brutality and misconduct by MPS officers are common and have been confirmed by various independent state institutions. Among them are the Commission of National Inquiry (CNI) that looked in to the controversial power transfer of February 2012 and two constitutionally prescribed independent institutions – the Human Rights Commission of the Maldives and the Police Integrity Commission.

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Dismissed MNDF Captain seeks reinstatement

Former Maldives National Defense Forces (MNDF) Captain Abdul Muizz Musthafa has filed unfair dismissal charges against the military at the Civil Court.

Musthafa is the first of the nine senior officers who were dismissed in November to press charges. The nine fired were accused of sowing discord within the military during Maldives’ presidential election, 2013.

Musthafa has said he was dismissed without due process, and in violation of the constitution as the MNDF had not taken any prior disciplinary action against him.

He is seeking reinstatement and has asked the Civil Court to order MVR6 million (US$389,105) in compensation for damages.

Musthafa is accused of collaborating with former Brigadier General Abdulla Shamaal in collecting signatures from MNDF officers on a letter which had been prepared “in the guise” of supporting the Chief of Defense Forces Major General Ahmed Shiyam.

A copy of the letter leaked on social media expressed concern over delays in the presidential elections in 2013, and the repercussions should a president-elect not be determined by the end of the presidential term on November 11.

A statement by the military said Shamaal had leaked the letter on social media “in order to reveal dissent within the military,” and accused Musthafa of aiding Shamaal and planning “to commit dangerous acts using the troops under his captainship.”

The presidential elections of 2013 were marred by repeated delays after the Supreme Court annulled the first round of polls held in December.

Following the MNDF’s first letter of concern, the force amended its regulations to punish officers who promoted “upheaval and chaos”. Several officers were suspended and Shamaal was removed from his position as the commandant of training and doctrine.

In mid November as the possibility of holding presidential polls by the end of the presidential term dimmed following police obstruction and Supreme Court orders to delay the second round of election, 73 mid ranking officers circulated an appeal calling on fellow soldiers not to obey any “unlawful” orders issued by then President Dr Mohamed Waheed or his political appointees.

Shortly after President Abdulla Yameen was inaugurated, nine senior-ranking officers were dismissed.

At the time, the opposition Maldivian Democratic Party (MDP) condemned the dismissals as “politically motivated and unjust,” and noted that no action had been taken against the soldiers who mutinied on 7 February 2012.

“On 7 February 2012, some uniformed soldiers publicly called for the resignation of the President and Commander in Chief and protested along with the opposition at the time. They have publicly violated global norms of military discipline. The CONI report has highlighted this act and called for action against them.”

Instead of penalising mutinying soldiers, the Ministry of Defense awarded them promotions, the MDP said.

“Such actions politicize the military, undermine professionalism and demean the institution,” the MDP added.

In September, the Civil Court ordered the Maldives Police Services to reinstate former Head of Intelligence Mohamed ‘MC’ Hameed who had been dismissed by the police’s disciplinary board for unspecified offenses.

Local media at the time said Hameed dismissal was related to a report published by MDP on the controversial transfer of power.

The police have said they will appeal the case.

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Civil Court rules in favour of Male’ City Council in vendor cart dispute

The Civil Court yesterday (January 12) ruled in favour of the Malé City Council in a dispute involving hiking the lease for vendor carts in mid-2013 from MVR200 to MVR5,000 a month.

A cart owner, Yousuf Moosa of special registry number 1867, had asked the court to declare that the city council could not raise the rent or force venders to use a special kind of cart.

The council brought in new carts in June 2013. However, the Civil Court issued an injunction preventing the replacement of the old carts pending a ruling on Yousuf’s case.

In his judgment (Dhivehi), Chief Judge Ali Rasheed Hussain noted that the original lease agreement with Yousuf elapsed in August 2009, after which a rent of MVR200 had been mutually agreed upon between the parties.

As the plaintiff could lease the new cart under an agreement with the city council, the judge ruled that there were no legal grounds to declare that the council could not require a certain type of cart to be used or raise the rent to MVR5,000.

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Civil Court staff arrested for stealing court’s laptops

A staff of the Civil Court has been arrested for stealing laptops from the court, local media have reported

According to CNM reported that the person was arrested after obtaining an arrest warrant and also police obtained a search warrant to search the person’s house.

According to CNM, police have recovered the stolen laptops.

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BML to sell mortgaged property of former Defence Minister

Bank of Maldives (BML) has announced that it will be auctioning off the mortgaged land Araaroot Villa in Maafannu ward – a property owned by former Defence Minister Tholhath Ibrahim Kaleyfaan, and his brothers Ahmed Hashim, Mohamed Habeeb and Abdulla Shah Ibrahim Kaleyfaan.

The Bank stated that the property has been put up for sale due to the failure of Tholhath and his brother to pay back a loan of 6.6 million rufiya (USD 427740) taken from the bank.

The Civil Court ruled in September that BML can sell the mortgaged property if the loan is not paid back in a period of three months.

According to BML, proposals to purchase the property must be submitted before 1330hrs on January 5, 2014. The highest bidder, on condition that the price stays constant for 5 consecutive days of bidding, will then be given a period of 10 days to complete the payment.

Should the highest bidder fail to pay in the given period, BML has the authority to either rebid the property or sell it to the second highest bidder.

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Supreme Court on recess until December 15

The Supreme Court, the Civil Court, the Criminal Court and the Family Court have begun a recess period today.

The Supreme Court and Criminal Court will restart trials on December 15, while the Civil Court will restart on December 10. The Family Court will be on recess until December 30.

Even though the superior courts are on recess, trials may be scheduled and rulings issued if necessary. The courts will continue to be open for administrative purposes.

The High Court has said it will not go on recess this December as local council elections are scheduled for January 18.

According to Article 172 of the constitution, individuals may contest any decision of the Election Commission relating to elections at the High Court.

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