Tag: criminal court

Ex defense minister’s wife charged with illegal weapons possession

Former Defense Minister Mohamed Nazim’s wife has been charged with the illegal possession of weapons and arms, lawyers have confirmed.

Afaaf Abdul Majeed has been summoned to a first hearing at the Criminal Court on February 25, at 4:00pm, despite having received no indication she was under suspicion for possessing illegal weapons, lawyer Maumoon Hameed said.

“Afaaf has received a summons. But we have not received any additional information other than what was provided on the summons. We do not even know which laws the state is charging her under. We are yet to receive the court documents,” he said.

Hameed said Afaaf had been questioned over the controversial discovery of a pistol, bullets and an improvised explosive device at the former Defense Minister’s residence on January 18, but the police had not questioned her again afterwards.

“Apart from the statements police took from all family members during the alleged discovery of weapons from Nazim’s residence, no other investigative processes involving Afaaf has taken place.”

The Prosecutor General’s (PG) Spokesperson Adam Arif declined to comment on the case. Meanwhile, a Criminal Court Spokesperson was unable to confirm if the PG had filed charges against Nazim and his wife.

Nazim is currently in police custody over terrorism and treason charges. The Maldives Police Services said the former minister had been plotting to overthrow President Abdulla Yameen’s administration and was planning to harm senior government officials.

Nazim’s lawyers say the weapons were planted at his house and say he is being framed.

According to lawyers, Specialist Operations (SO) officers forced open Nazim’s door in the early hours of the morning on January 18, gathered Nazim, his wife and two children in the sitting room, and spent at least ten minutes without independent oversight in the then-minister’s bedroom. Shortly afterwards, investigative officers arrived on the scene, checked Nazim’s bedroom in his presence and discovered the weapons in a bedside drawer.

The police insist they were unaware whose house they were raiding.

Nazim was dismissed as Defense Minister on January 20, and subsequently declared no citizen was safe in the Maldives. He was arrested days after the police filed charges at the Prosecutor General’s office.

The Criminal Court on February 11 remanded Nazim for 15 days. The High Court upheld the detention on February 19.

Lawyers are appealing the police’s search warrant at the High Court.

Former President Mohamed Nasheed, also arrested for terrorism charges yesterday (February 22), and Jumhooree Party Leader Gasim Ibrahim have repeatedly called for Nazim’s immediate release from custody, accusing the government of “framing” the former minister.

Opposition parties have described Nasheed and Nazim’s arrest as President Abdulla Yameen’s efforts to silence opposition voices and to disqualify presidential contenders.


Related to this story

Nazim remains in custody as High Court rejects appeal

Former Defence Minister Nazim remanded for 15 days

Police deny framing Nazim as former Commissioner alleges politicisation

No forensic evidence against Nazim, says legal team

Police raid Defence Minister Nazim’s home in early hours

Likes(0)Dislikes(0)

Nasheed’s constitutional rights violated in three year trial, says legal team

Former President Mohamed Nasheed’s legal team has called on Prosecutor General Muhuthaz Muhsin to drop criminal charges, claiming the opposition leader’s constitutional rights had been violated for three years on pending “unlawful” charges.

Muhsin on Monday withdrew charges against all former government and army officials accused of detaining Criminal Court Chief Judge Abdulla Mohamed for further review. The withdrawal came amidst Nasheed’s challenge of the process by which judges were appointed to an extraordinary bench to oversee his trial.

The offense carries a maximum jail term of three years under Article 81 of the Penal Code, but will carry a reduced sentence in the new Penal Code scheduled to come in to force in April.

“President Mohamed Nasheed’s charges have been pending without a verdict for three years. In those three years, he has been deprived of his constitutional and legal rights and the trial has affected his political career,” said Nasheed’s lawyers in a letter to the PG.

Nasheed was first summoned to court in 2012, but the trial was stalled in 2013 when the High Court began to review the composition of the bench. After a two-year hiatus, the High Court on February 9 threw out Nasheed’s complaint, paving the way for the trial to restart at the Hulhumalé magistrate court.

However, the former president’s legal team immediately launched a new challenge at the Civil Court. Meanwhile, the Maldivian Democratic Party accused the PG of attempting to expedite the case before the enactment of the new Penal Code in order to bar Nasheed from contesting the 2018 presidential polls.

Nasheed’s lawyers today contended the PG is not authorized to take up the charges in court for a second time.

MDP has describing the case among many “unjust obstacles to the party and President Nasheed.” Further pursuit of the case only “serves the government’s political agenda” the party claimed.

Judge Abdulla’s arrest led to daily protests on the streets of the capital, culminating in a police and army mutiny and Nasheed’s resignation on February 7.

Jumhooree Party Leader Gasim Ibrahim, a key figure in Nasheed’s ouster, has called on the state to drop charges, describing charges as “out of line with national and public interest.”

In January, the MDP and JP formed an alliance against President Abdulla Yameen’s claiming his administration has repeatedly violated the constitution.

Likes(0)Dislikes(0)

JSC appoints judges to Criminal Court and the Civil Court

The Judicial Services Commission (JSC) has appointed judges to both the Criminal Court and the Civil Court.

According to a statement on the commission’s website, the JSC decided to appoint one judge to the Criminal Court and four judges to the Civil Court in a meeting held last night (February 16).

Ahmed Rasheed of Hulhumalé 14-06 was appointed to the Criminal Court while Hassan Faheem Ibrahim from Haa Dhaalu Maukunudhoo, Ali Abdulla (Galolhu ward, Malé), Abdula Naseer Shafeeq (Lhavyani Kurendhoo), and Mohamed Haleem (Noonu Velidhoo) were appointed to the Civil Court.

An announcement was made for the application of interested candidates to the vacant positions on the benches of High Court, Criminal Court, and the Civil Court on Feburary 1, 2015.

The commission is yet to decide on the appointment of a judge to the High Court bench after the resignation of Judge Yoosuf Hussain – reportedly for health reasons – in early February.

Likes(0)Dislikes(0)

Former Defence Minister Nazim remanded for 15 days

The Criminal Court has remanded former Minister of Defence and National Security Colonel (retired) Mohamed Nazim for 15 days in police custody.

Nazim was arrested last night at around 1:15am and was taken to Dhoonidhoo Detention Centre.

Nazim’s lawyer Maumoon Hameed told Minivan News this morning (February 10) that his client was being charged with offences related to activities against the state, while his arrest form described the charges as terrorism and possession of illegal items.

Members from both the Adhaalath and the Jumhooree Party have today said they will join Nazim’s legal team, while the Prosecutor General’s Office has declined to comment on any aspect of the case.

Nazim himself tweeted news of his arrest to his followers shortly after 1am, also announcing that he had left the ruling Progressive Party of Maldives.

A press conference by Nazim’s legal team is scheduled to be held tonight at VTV at 9pm, explained the law firm of Maumoon Hameed – Premier Chambers.

Meanwhile Adhaalath Party spokesman Sheikh Ali Zahir tweeted saying that he has decided to join Nazim’s defence team along with former Commissioner of Police MP Abdulla Riyaz.

Adhaalath Party President Sheikh Imran Abdulla has been one of the few politicians to comment on the case today, tweeting his belief that Nazim would not kill anyone in order to gain power.

“Nazim has been treated with injustice. We are and have been against injustice,” read another post from Imran today.

Following comments made in the media regarding the charges yesterday, Riyaz told Minivan News that he was convinced the case was “purely political”.

“The legal team has prepared a very strong case, and can positively prove that the items found at Nazim’s house do not belong to him,” he said.

Nazim had been minister of defence since the controversial transfer of presidential power in February 2012, having delivered an ultimatum on behalf of mutinous police and military units demanding President Mohamed Nasheed’s unconditional resignation.

Prior to his dismissal, he was considered one of the most powerful figures within the government, holding the health portfolio as well as chair of the Local Government Association (LGA).

Special Operations officers raided Nazim’s home in the early hours of January 18, with police later saying they had found dangerous weapons – including a pistol and an explosive device during the search.

After initially expressing support for the minister, Nazim was dismissed from his position two days later, being replaced by Major General (retired) Moosa Ali Jaleel on January 20.

Police have maintained they were unaware that the home belonged to the defence minister prior to the raid, later telling media that the decision was made not to make arrests due to the profile of the suspect.

After the passports of both Nazim and his wife were confiscated, the former minister was summoned for questioning at police headquarters earlier this week.


Related to this story

Former Defence Minister arrested on illegal weapons charge

Police raid Defence Minister Nazim’s home in early hours

Nazim dismissed as defence minister, replaced by Moosa Ali Jaleel

Pistol and explosive device found at Nazim’s home, says Police Commissioner

Likes(0)Dislikes(0)

JSC taking applications for six Judgeships

The Judicial Service Commission has opened applications for the vacant positions on the benches of the High Court, Civil Court, and Criminal Court.

In an announcement made today, the commission stated that applications will be open from today till 3pm on February 10, 2015, for one High Court judge, four Civil Court judges, and one Criminal Court judge. The application forms will be available on www.jsc.gov.mv.

High Court Judge Yoosuf Hussain retired from the bench today, reportedly due to poor health, while Civil Court judge Aishath Shujoon – one of the first female judges in the Maldives, resigned in late December of last year.

Likes(0)Dislikes(0)

High Court frees drug kingpin Shafaz citing insufficient evidence

The High Court has freed ‘drug kingpin’ Ibrahim Shafaz Abdul Razzak today, stating that evidence submitted by the state for trafficking charges was insufficient.

Reversing the Criminal Court’s 18 year jail term and fine of MVR75,000, the High Court questioned the authenticity of documents submitted by the state claiming to prove Shafaz had transferred large amounts of money gained through drug trafficking.

Shafaz was arrested in June 2011 with 896 grams of heroin after the two year long ‘Operation Challenge’. At the time, the Maldives Police Services labeled Shafaz a high profile drug dealer suspected of smuggling and supplying drugs since 2006.

The police claimed Shafaz’s network had smuggled drugs worth MVR1.3 million (US$84,306) to the Maldives between February and April 2011.

In today’s ruling, the High Court noted that the state had failed to provide transaction records to substantiate claims that Shafaz transferred large sums of money to a Sri Lankan national through Western Union and A.G.E Emporium, and that  records from Western Union did not display any official seals or marks.

The court also said the state had failed to provide proof that evidence gathered regarding Shafaz’s money transactions was obtained legally, i.e. through court orders.

Additionally, the court noted that records of money transactions were dated from 2006, but phone call recordings and transcripts between Shafaz and the Sri Lankan national were from 2011, with the result that the relationship between the two pieces of evidence was weak.

Citing Article 24, Article 51, and Article 52 of the Constitution which guarantee the right to privacy including private communications and the rights of the accused, the High Court said any evidence obtained by unlawful means is inadmissible in a court of law.

Corruption charges

The Criminal Court had sentenced Shafaz in November 2013. He was released temporarily for medical treatment in Sri Lanka in February 2014, but failed to return to the Maldives after the allocated three month period. The Sri Lankan police caught Shafaz in Colombo and extradited him to Maldives in May 2014.

Last month, the Anti Corruption Commission (ACC) revealed that six senior government officials conspired to allow Shafaz to leave the country despite no evidence that he required urgent medical care that was not available in the Maldives.

The ACC investigation found that former Deputy Minister of Home Affairs Mohamed Hanim personally paid a visit to a doctor’s home to obtain a signature confirming that Shafaz required urgent medical care abroad. However, the ACC said Shafaz had not consulted a doctor in the week before his release.

Hanim, who is now the deputy minister of environment, also oversaw the illegal preparation of Shafaz’s travel documents and allowed him to leave the country without obtaining formal approval from the Maldives Correctional Service’s (MCS) medical board.

The investigations also revealed former Commissioner of Prisons Moosa Azim had lobbied the medical board to approve Shafaz’s release despite knowing his paperwork was incomplete.

In addition to Hanim and Azim, the ACC has recommended corruption charges be filed against two members of the medical board, a technical officer at Indhira Gandhi Memorial Hospital (IGMH), and a staff member at the MCS.


Related to this story

Police arrest suspected drug kingpin after months of investigations

Convicted drug kingpin Shafa caught in Colombo

Six senior government officials abused power in drug kingpin’s temporary release, says ACC

Likes(0)Dislikes(0)

“I am not trembling” says Gasim after reports of imminent police raid on his home

Jumhooree Party (JP) leader Gasim Ibrahim has responded to reports his home will be raided by police by saying:  “I am not trembling”.

Speaking to local media outside his residence, Maamigili MP Gasim stated he was willing to work with anyone who stands to defend the Constitution and that despite threats and pressure he will always stand firm.

Gasim – who chaired the Special Majlis which formulated the 2008 Constitution – also stated that he would not stop any state authority from doing its duty, saying that he was currently waiting at Maafannu Villa to facilitate the police force if they are to come.

As crowds gathered outside Gasim’s residence this afternoon awaiting the raid, confusion spread over the existence of a court warrant for the search with police saying there was no truth to the rumours.

Police have, however, confirmed that a warrant had been obtained to search a property in Maafannu early this morning, which they later discovered to belong to the Minister of Defence Mohamed Nazim.

JP spokesman Ahmed Sameer told Minivan News that the party is not aware of the reason Gasim’s residence would be targetted, saying that Gasim has nothing to hide and that he does all his work in a transparent and democratic manner.

“This is political, there is nothing else to this,” Sameer stated.

Minivan News was unable to obtain a response from either the Criminal Court media officials or Gasim himself at the time of publication.

Sameer also said that the government has ordered that a plot of land leased to Gasim’s Villa TV (VTV), in Kaafu Thilafushi, be handed back.

“The rent is being paid as per the agreement but the government is arbitrarily taking over property for political reasons without any regard to constitutional rights and freedoms,” Sameer said.

The JP has accused political enemies of being behind a number of setbacks for Gasim’s business interests last year, as well as death threats he received.

In one instance, the international status of Maamigili airport was removed for less than a month in August as Gasim opposed the government’s flagship SEZ bill in the Majlis. Gasim later reversed his stance on the bill, with the JP issuing a three-line whip in support of the legislation.

Defence minister’s residence raided

In a brief press conference held at Iskandar Koshi this afternoon, Chief Inspector of Police Mohamed Shifan stated that two apartments on the 8th floor of a house were raided under a court warrant at approximately 3.30am this morning.

“When police searched one of the two apartments of the house, police personnel involved in the operation discovered that the house was resided in by Minister of Defence and National Security Colonel (retired) Mohamed Nazim”.

Therefore in light of the discovery, the raid was conducted by giving full consideration and respect to Nazim, police said.

Police also noted that some items needed for the police investigation were confiscated from one of the apartments and that police “applied appropriate force” to enter the house.

Police did not allow journalists to ask any further questions during the press conference.

Haveeru subsequently reported that the police officers who requested the court warrant for Nazim’s residence have been summoned to the court for further clarification on the matter.

Nasheed vows to defend Gasim

Speaking at a Maldivian Democratic Party (MDP) rally in the capital Malé last weekend, former president Mohamed Nasheed said that, despite their political differences, he would not allow President Abdulla Yameen to destroy the JP leader Gasim.

“Gasim’s property cannot be looted. Gasim’s character and body cannot be harmed,” he told supporters at the Alimas Carnival ground. “We shall rally in his defense”.

The speech continued a warming of relations between the opposition MDP and Gasim’s JP, which had allied with the Progressive Party of Maldives (PPM) against Nasheed in 2013 to secure the presidency for Yameen.

Indeed, MDP Chairperson Ali Waheed and Vice President Mohamed Shifan flanked Gasim as he spoke to the media outside his home this afternoon.

Following calls from Nasheed to work with the JP in defence of the Constitution last week, the party’s Deputy Leader Ameen Ibrahim expressed gratitude to the MDP leader.

“The JP parliamentary group has decided to do the necessary to defend the Constitution. Very happy that President Nasheed has decided to travel with us in the same boat,” tweeted Ameen.

Recently, the ruling coalition member Maldivian Development Alliance MP Mohamed Ismail proposed an amendment to Article 109 of the Constitution seeking to bar individuals aged 65 years and above from standing for the presidency.

The move would end the presidential ambitions of the JP leader, who will be 66-years-old in 2018.


Related to this story

Police raid Defence Minister Nazim’s home in early hours

Nasheed pledges to defend Gasim from government attacks

Politicians behind death threats to Gasim, claims JP

Likes(0)Dislikes(0)

No pending charges against Azlif Rauf, says Criminal Court

The Criminal Court has confirmed that there are no pending charges against Azlif Rauf of Henveiru Hilton, hence the court has not issued an order to the Department of Immigration and Emigration to hold his passport.

Yesterday (January 9) it was reported that Azlif Rauf travelled to Turkey with six members of Malé’s Kuda Henveiru gang.

The seven also included an individual arrested over the disappearance of Minivan News journalist Ahmed Rilwan, one man arrested for issuing a death threat, one man classified by the police as a dangerous criminal, and three men with criminal records, local media have reported.

Hussain Humam Ahmed, now serving a life sentence over the Afrasheem murder, named Azlif and five others in the organising of the killing in October 2012. Humam later retracted the confession claiming it had come under duress.

Officials at the Prosecutor General’s Office told Minivan News that they had pressed terrorism charges against Rauf on October 3, 2013, before withdrawing them on September 11, 2014 “for further review”. No decision has yet been made on the case.

They also stated that no decision has been made on the file sent by Maldives Police Services regarding Azlif Rauf’s potential involvement in the Afrasheem murder.

Likes(0)Dislikes(0)

MDA Leader Siyam acquitted of alcohol smuggling charges

Government-aligned Maldives Development Alliance (MDA) Leader Ahmed ‘Sun’ Siyam Mohamed was acquitted of alcohol possession and smuggling charges by the Criminal Court on Thursday (December 4).

Chief Judge Abdulla Mohamed found the resort tycoon not guilty on the grounds that due process was not followed in accordance with the Maldives Customs Act.

The MP for Dhaalu Meedhoo was charged with smuggling and possession of alcohol in November 2013 after a ‘Johnny Walker Black’ bottle was found in his luggage at the airport upon returning from Sri Lanka in March 2012.

In June, two witnesses for the prosecution testified to finding a bottle of alcohol in Siyam’s luggage.

While the customs officers testified that they discovered the bottle when Siyam’s bag was screened, a Maldives Airports Company Ltd (MACL) staff member who handled the luggage said they were unaware of its contents prior to screening.

However, Siyam’s lawyer argued that the MP was being framed, noting that according to the prosecution’s witnesses the luggage was not searched in his presence.

Following multiple delays and cancellations of hearings, Chief Judge Abdulla Mohamed took over the case from Judge Ahmed Sameer Abdul Aziz in May after Siyam claimed the latter’s “hand gestures and facial expressions” indicated a personal grudge against him which could lead to an unfair trial.

Siyam wrote to both the chief judge and the Supreme Court requesting the removal of Judge Sameer from his case.

Responding to criticism of the court for providing preferential treatment to the coalition leader, Judge Abdulla declared at a ceremony in September that the court would provide VIP treatment and escort persons facing trial in and out through the back door in circumstances where it sees fit.

Siyam was reportedly escorted in and out of the backdoor when he arrived at the court for a trial date and was also seated in a separate area.

The penalty for alcohol possession in the penal code is either a fine of between MVR1,000 to MVR3,000 or imprisonment, banishment or house arrest for up to three years.

Under Article 73 of the constitution, an MP convicted of a criminal offence and sentenced to more than one year in prison will lose his or her seat in parliament.

Siyam’s MDA formed an alliance with the now-ruling Progressive Party of Maldives (PPM) in August to back PPM presidential candidate Abdulla Yameen.

In March 2012, an audio clip of a conversation between Siyam and Yameen was leaked on social media, in which the pair aired grievances against PPM leader and former President Maumoon Abdul Gayoom.


Related to this story

Chief Judge Abdulla Mohamed takes over Sun Siyam’s case

Sun Siyam’s alcohol possession trial delayed again

Likes(0)Dislikes(0)