criminal court – Page 11 – Minivan News

Suspect in Rilwan’s disappearance released from house arrest

The Criminal Court has released the last remaining suspect related to the disappearance of Minivan News journalist Ahmed Rilwan from house arrest (December 1).

A police media official told Minivan News that the suspect was released after the criminal court deemed it was unnecessary to keep him under house arrest any longer.

The suspect was kept under house arrest in relation to what is believed to have been an abduction at knife-point from outside Rilwan’s Hulhumalé apartment on the night of August 8.

Rilwan’s family and local NGO Maldivian Democracy Network (MDN) have filed two separate cases at the Police Integrity Commission (PIC) accusing the police of negligence in the investigation.

An MDN commissioned private investigation by a UK based security firm outlined several lines of inquiry into the disappearance with pointing out radicalised gang related abduction as the most likely explanation for the disappearance.

Likes

(0)Dislikes

(0)

High Court concludes hearings into Criminal Court’s rejection of Thinadhoo terrorism cases

The High Court today concluded hearings into an appeal by Prosecutor General’s (PG) Office requesting the repealing of a Criminal Court decision to throw out charges of terrorism against 89 individuals from Gaaf Dhaal Thinadhoo Island.

Criminal Court Chief Judge Abdulla Mohamed had dismissed the charges, claiming the PG’s Office was refusing to cooperate with the trial after state prosecutors’ failure to turn up to a trial scheduled for 10am on Saturday, November 22.

PG Muhthaz Mushin has requested the High Court to rule the Criminal Court’s dismissal of the case through a letter as unlawful and to order the terrorism trials to continue.

The 89 defendants faced terrorism charges for allegedly setting fire to the island’s police station, court building, and several police vehicles during nationwide unrest on February 8, 2012 in the wake of former President Mohamed Nasheed’s controversial resignation the previous day.

State prosecutor Shaudha Shameem challenged the Criminal Court’s decision claiming state prosecutors had telephoned and informed the court in advance that they would not be able to attend the hearing on Saturday, November 22.

She contended the Criminal Court had attempted to handover summons to court outside work hours on November 22, Thursday.

But state prosecutors refused to accept summons, as Saturday is not a working day, and because the court had initially scheduled hearings for November 23 instead of November 22, she continued.

Shaudha argued that the Criminal Court could only throw out charges in a courtroom in the presence of the plaintiff and defendant, and claimed Judge Abdulla had failed to follow due procedures in dismissing the case.

She noted that the Criminal Court had previously consulted state prosecutors in scheduling hearings given their busy work schedule.

Two of the 89 facing terrorism charges intervened in the case. with their lawyers – Ibrahim Riffath and Hisaan Hussein – saying the Criminal Court had followed due process by informing the PG’s Office of the November 22 hearing via a letter on the afternoon of November 20.

Hisaan said a presiding judge is authorised to dismiss charges if the plaintiff fails to abide by the judge’s orders, and said a judge has the discretion to decide on the validity of reasons provided for failure to attend hearings.

State prosecutors must not receive special exemptions, she contended.

Meanwhile, Riffath suggested the PG’s Office was lax in cooperating with the trial, pointing out the state had only been able to provide witness testimony during two of the eight hearings.

The High Court bench has said it will issue a verdict in the next hearing. A date for the verdict has not yet been set.

Muhthaz has since resubmitted the cases to the Criminal Court twice. The court rejected the cases on Monday claiming it had no guarantee of cooperation from the PG office.

The PG office submitted cases again yesterday with a letter pledging full cooperation.

Defence lawyers have previously criticised Judge Abdulla’s earlier decisions during the hearings.

Last week, the chief judge ordered 55 of the 89 defendants be held in detention pending the outcome of the trials, claiming the accused were intimidating witnesses. All have subsequently been released.

Defence lawyers have described the judge’s decision to hold the accused in custody as “most unusual” as the identities of state witnesses were not disclosed and had their voices disguised in order to protect their identity.

Around 80 people from Addu City are also currently facing terrorism charges in relation to unrest in the southernmost atoll on February 8.

Related to this story

PG to appeal Criminal Court’s dismissal of terrorism cases

Criminal Court rejects Thinadhoo terrorism cases

55 Thinadhoo arson suspects detained until end of trial

Likes

(0)Dislikes

(0)

PG to appeal Criminal Court’s dismissal of terrorism cases

The Prosecutor General (PG) Office will appeal the Criminal Court’s dismissal of terrorism charges against 89 defendants from the island of Thinadhoo in Gaaf Dhaalu atoll, PG Muthaz Muhsin has told local media.

On Saturday (November 22), Criminal Court Chief Judge Abdulla Mohamed dismissed the cases after state prosecutors failed to attend a hearing scheduled for 10:00am.

Muhsin said the PG’s Office was informed of the hearing after 2:30pm on Thursday via a fax and were unable to make arrangements, though lawyers working on the case have told Minivan News that the hearings had been scheduled in advance for 10am every day – including Saturdays – for the duration of the trial.

In addition to appealing the dismissal, Muhsin said the cases would be resubmitted to the Criminal Court today.

Last week, the chief judge ordered 55 defendants be held in detention pending the outcome of the trials, claiming the accused were intimidating witnesses. All have subsequently been released.

The court had earlier ordered the detention of 17 of the 89 defendants, all of whom were released following the dismissal of the cases on Saturday.

Defence lawyers described the judge’s decision to hold the accused in custody as “most usual” as the identities of state witnesses were not disclosed and had their voices disguised in order to protect their identity.

Acts of arson are considered terrorism under the Terrorism Prevention Act enacted by the administration of former President Maumoon Abdul Gayoom. The offence carries a jail term of between 10 to 15 years.

Around 80 people from Addu City are also currently facing terrorism charges in relation to unrest in the southernmost atoll on February 8.

The opposition Maldivian Democratic Party has accused the government of selectively prosecuting dozens of the party’s members and supporters in Addu City and Thinadhoo.

The party has also criticised the use of a single judge – Abdulla Mohamed – in all the cases related to the February 8 unrest, calling the entire process “highly politically motivated”, noting that police officers who committed crimes on February 6, 7, and 8 were not being prosecuted.

On February 8, 2012, riots spread across the country following a brutal crackdown on an MDP march in the capital.

Thousands of MDP supporters took to the streets of Malé in a protest march after Nasheed declared his resignation the previous day had come “under duress” in a “coup d’etat” instigated by mutinying police officers of the Special Operations (SO).

Following an investigation, the Human Rights Commission of Maldives concluded that the heavy-handed police crackdown on the MDP walk was “brutal” and “without warning” while the “disproportionate” use of force left dozens of demonstrators injured and hospitalised.

Related to this story

55 Thinadhoo arson suspects detained until end of trial

Police crackdown sparks riots across the Maldives – “acts of terrorism” say police

Likes

(0)Dislikes

(0)

Shahum found not guilty of murdering Ahusan Basheer

The Criminal Court on Thursday (November 20) found Ibrahim Shahum not guilty of murdering 21-year-old Ahusan Basheer in March 2011.

Ibrahim Shimaz, from Manchangoalhi Venus Thari, was also acquitted of aiding and abetting the murder.

Judge Abdulla Didi noted in the verdict (Dhivehi) that Islamic Sharia requires the eyewitness testimony of two males to prove guilt in murder cases.

The state had presented one eyewitnesses to the assault and three witnesses who claimed to have heard the victim saying before he died that Shahum stabbed him.

The victim had died of several stab wounds to the back and chest.

In December 2012, the Juvenile Court acquitted two minors charged in connection with the murder, citing insufficient evidence to convict.

In March 2013, Shahum was convicted on terrorism charges and sentenced to life imprisonment in connection with the murder of Mohamed Hussain, 17, from Maafanu Beauty Flower in Malé in July 2010.

Shahum allegedly stabbed Basheer shortly after he was released by Chief Judge Abdulla Mohamed following six months in remand detention after being arrested for the 17-year-old’s murder.

Citing the delay in submitting a medical report from the Indira Gandhi Memorial Hospital, the chief judge had said he was releasing the suspect “to hold the health minister accountable”.

Shahum was later taken into custody from an uninhabited island following a manhunt.

Shahum, now 23, escaped from Maafushi jail last month and was apprehended in a guest house in in Malé on October 22.

Likes

(0)Dislikes

(0)

PG withdraws disobedience to order charges against home minister

Prosecutor General (PG) Muhthaz Muhsin has withdrawn disobedience to order charges against Home Minister Umar Naseer.

Muhsin had raised charges against Naseer in April for violating Article 8 (a) of the General Laws Act of 1968 when he called on anti-government protesters in January 2012 to storm the military headquarters with 50 ladders.

The clause prohibits speech or writing contravening Islamic tenets.

If found guilty, Naseer would have faced imprisonment, banishment, or house arrest not exceeding six months or a fine not exceeding MVR150 (US$10).

PG Office Spokesperson Adam Arif said charges had been withdrawn in August for further review, and stressed that the PG is authorised to withdraw charges at any point until a sentence is issued. The moves comes after concluding statements had been delivered at the Criminal Court.

Opposition Maldivian Democratic Party MP Imthiyaz Fahmy said the move “is yet another act by a PG backed by the government to deliberately show the people that the government enjoys complete impunity.”

The decision appears to reflect a thawing of a tense relationship between Naseer and President Abdulla Yameen.

Naseer was summoned to court during the acrimonious dissolution of a coalition agreement between Naseer’s Jumhooree Party (JP) and the ruling Progressive Party of the Maldives (PPM).

Four ministers had been appointed to the cabinet on JP slots, but following the split two defected and a further minister was dismissed. Naseer now remains as the sole JP minister in the cabinet.

Naseer initially joined the JP after he lost the PPM primaries to Yameen in 2013. Following this defeat, he publicly alleged widespread vote rigging and accused Yameen of illicit connections with gangs and the illegal drug trade.

Naseer also implicated Yameen in MP Dr Afrasheem Ali’s death, claiming he had witnessed a meeting between Yameen and an individual who was under investigation for Afrasheem’s brutal death.

Naseer has since retracted his statement under oath during a Majlis sitting.

In August, Yameen also reduced the home minister’s powers after Naseer allegedly ordered police officers to investigate Minister of Tourism Ahmed Adeeb – the PPM deputy leader – for alleged unlawful activities.

Criminal Court Chief Judge Abdulla Mohamed took over the case mid-way through the trial from Judge Abdulla Didi, after Naseer requested a change of judge folowing Didi’s refusal to accept a procedural point raised by Naseer.

Didi, on June 12, had issued an arrest warrant ordering the police to present Naseer at court today after he had missed three consecutive hearings due to official visits abroad.

The police, however, made no move to arrest the minister on his return to the Maldives, and Naseer arrived at the court on June 17 with a bodyguard escort.

Naseer had initially refused to cooperate with the trial, claiming clause Article 8 (a) contradicted the freedom of expression guaranteed by the constitution.

Related to this story

Home Minister Umar Naseer’s trial concludes at Criminal Court

Home Minister refuses to cooperate with disobedience trial

President Yameen does not have gang affiliations, Umar tells the Majlis

Umar Naseer is not a fugitive from justice, says Home Ministry

Likes

(0)Dislikes

(0)

High Court overturns sex crime conviction of renowned Quran teacher

The High Court on Sunday (October 16) overturned the conviction of renowned Quran teacher or reciter Hussain Thoufeeq, for committing a sex crime.

In November 2013, Thaufeeq was sentenced to six months banishment and 15 lashes for sexually abusing children. However the Criminal Court suspended the sentence for three years, on the grounds it was the Qari’s first offence.

Thaufeeq appealed the verdict and the High Court ruled noted that the three witnesses were all related, had not reported the matter to police, and had testified after being evicted from their apartment.

Presiding Judges Abbas Shareef, Yousuf Hussain, and Dr Ezmirelda Zahir ruled that the testimony of the witnesses was not sufficient to prove guilt beyond reasonable doubt.

Thaufeeq was arrested in August 2010 on multiple charges of child sexual molestation with “some cases going a long time back,” police said at the time.

Thaufeeq’s students had also submitted a petition to the Human Rights Commission of the Maldives (HRCM) asking the commission to investigate the allegations.

Thaufeeq hosted a daily Quran teaching program on Television Maldives (TVM) for school children every evening after Isha prayers. He also led Friday prayers and conducted sermons.

Under the Child Sex Offenders (Special Provisions) Act of 2009, the penalty for child sex abuse is 10-14 years but can be extended to 15-18 years if the accused was in a position of trust with the children he allegedly abused.

However, Thaufeeq was charged under a different regulation for criminalising fornication and sexual misconduct.

The Qari is also being charged with possession of pornographic material. The trial is still pending at the Criminal Court.

Likes

(0)Dislikes

(0)

Criminal Court hears concluding statements for ‘Husseynube’ murder case

The Criminal Court yesterday concluded hearings in the ‘Husseynube’ murder trial, obtaining the concluding statements from both the Prosecutor General’s Office and the defendants.

Hussain Mohamed Manik – known by the islanders of Hoarafushi as ‘Husseynube’ – was a prominent businessman found dead inside an abandoned house in September 2010.

Ahmed Ibrahim, Mohamed Latheef, and Numan Abdulla were arrested in connection with the murder and charged with terrorism in September 2011.

The Prosecutor General’s Office accused the three of murdering 61 year-old Hussain Mohamed after taking him hostage and robbing him.

It was accused that the defendants stole more than MVR100,000 and US$1000 in cash from the victim.

According to local media present at the court yesterday, the prosecution said that the three charged with the murder had confessed to police during the investigation, explaining how the incident had occurred.

The prosecutors noted that the information given by the suspects after the confession could only be known by a person involved in the murder. He also noted that their information had led to evidence that had been produced in court.

However, the defence lawyer told the court that police conduct during the investigation of the case was unlawful.

He said that any confession made outside of the court should be dismissed, to which the judge responded by saying that he would adhere to the clause in the constitution which states that confession made outside the court will be inadmissible.

Before concluding the hearing the judge announced that the case was to be concluded by the end of this month.

Likes

(0)Dislikes

(0)

Police officers testify against February 8 arson suspects

Eight police officers testified at the Criminal Court today against several defendants accused of setting fire to a police station in Addu City on February 8, 2012.

At today’s hearing, the police officers reportedly identified the accused and testified that they had thrown stones at police officers blocking the causeway between Feydhoo and Gan and had broken through police lines before entering Gan police station.

The officers also claimed some of the defendants had bragged about setting the station on fire.

More than 80 people from Addu City are currently on trial – charged with terrorism – for acts of arson on February 8, 2012, which saw police vehicles, courts and police stations torched in the southernmost atoll.

Some 89 individuals from the island of Thinadhoo in Gaaf Dhaal atoll are also facing terrorism charges. The atoll council office, court building, police station and several police vehicles were set on fire in Thinadhoo on February 8.

The Criminal Court yesterday issued a warrant ordering police to hold 12 defendants from Thinadhoo and one from Gahdhoo – including Thinadhoo island council member Abdulla Saneef – in detention pending the outcome of the trial after they failed to attend a previous hearing.

The accused were presented to court under police custody yesterday.

Chief Judge Abdulla Mohamed reportedly asked the accused to submit their justifications in writing for the court to reconsider the decision.

Following its investigation into the nationwide unrest and violence on February 8, the police forwarded over 100 cases to the Prosecutor General’s office, requesting that 108 individuals be charged with terrorism.

Meanwhile, Police Commissioner Hussain Waheed and Chief Inspector of Upper South Division Mohamed Basheer were summoned to the court last night to explain why police failed to execute an earlier order by the court to bring suspects to face trial.

The court has previously said it was facing difficulties summoning defendants from the southern atolls as well as housing and feeding the accused. Under the Judicature Act, terrorism trials must be conducted at the Criminal Court in Malé.

Speaking at parliament today, Progressive Party of Maldives MP for Thinadhoo North Saudhulla Hilmy accused opposition-aligned private broadcaster Raajje TV of inflaming passions and inciting violence by falsely reporting on February 8 that MDP MPs had been killed by the security forces.

Raajje TV has since denied the allegations.

February 8

In a press release issued on September 18 after the hearings were scheduled – following a hiatus of over a year – the opposition Maldivian Democratic Party (MDP) contended that the trials against dozens of the party’s members and supporters were politically-motivated acts of intimidation.

The party also accused the government of threatening to prosecute persons who participate in MDP activities.

The press statement also noted that police officers who committed crimes on February 6, 7, and 8 were not being prosecuted.

On February 8, 2012, riots spread across the country following a brutal crackdown on an MDP march in the capital.

Thousands of MDP supporters took to the streets of Malé in a protest march after former President Mohamed Nasheed declared his resignation the previous day had come “under duress” in a “coup d’etat”instigated by mutinying police officers of the Special Operations (SO).

Following an investigation, the Human Rights Commission of Maldives (HRCM) concluded that the heavy-handed police crackdown on the MDP walk was “brutal” and “without warning” while the “disproportionate” use of force left dozens of demonstrators injured and hospitalised.

Al Jazeera filmed parts of the crackdown, reporting that “police and military charged, beating demonstrators as they ran – women, the elderly, [with] dozens left nursing their wounds”. The BBC meanwhile reported “a baton charge by police on crowds gathered outside one of the main hospitals.”

Amnesty International warned that failure to prosecute police officers accused of human rights abuses and “serious failings in the justice system entrenched impunity”.

Moreover, former PIC Chair Shahinda Ismail told Minivan News in September 2012 that a staff sergeant caught on tape kicking a fallen demonstrator “was promoted after this incident.”

In February this year, Shahinda told Minivan News that detainees arrested in Addu City on February 9 were “forced to walk on smoldering coals”.

Likes

(0)Dislikes

(0)

Imam of unauthorised independent prayer congregation sentenced to jail

Self-appointed Imam, Hussain Thowfiq, arrested last month (September 30) for leading unauthorised prayers at Dharmuvantha Mosque, has been sentenced to jail for two years by the Criminal Court.

The 34-year-old was found guilty of disobeying religious unity regulations by delivering unauthorised sermons at the mosque, leading Friday prayers at a mosque not designated for the prayer, and of attempting to incite religious strife and discord read the criminal court sentence.

Meanwhile, Islamic Minister Dr Mohamed Shaheem Ali Saeed said yesterday (November 8 ) that such independent congregations are “unacceptable” and threatened legal action if members of such groups refuse to accept advice from scholars.

The government would not allow practices outside the bounds of the law and religious strictures, declared Shaheem.

The Dharumavantha congregation had previously been described as inciting extremist ideology by the Islamic minister. The sermons had called for the destruction of the current government, prompting a temporary shutdown on February this year.

Likes

(0)Dislikes

(0)