Tag: criminal court

Criminal Court releases suspect in Minivan News attack

The Criminal Court last night released a suspect arrested by police in connection with the attack on Minivan News on Thursday afternoon (September 25).

Police arrested the 32-year-old man Thursday night on charges of stealing a CCTV camera outside the Minivan News building and took the suspect before a judge last night seeking extension of detention.

A machete knife was buried in the door of the Minivan News building after a man in a white shirt – clearly identifiable on the CCTV footage – removed the security camera.

Police have confirmed to local media that the suspect was released with conditions.

According to the Criminal Court, the three conditions were cooperating with the police investigation, not leaving Malé without informing police, and not causing any disturbance.

Local media has identified the suspect as Ahmed Muaz, known as ‘Gatu Mua,’ an alleged gang leader with a criminal record for theft and other offences.

Shortly before newspaper Haveeru published the news of Muaz’s arrest on Thursday night, a journalist at the local daily received a death threat via text message from a private number.

“If you write the name [of the arrested suspect] we will wipe you out. Remember that,” read the message, which was also posted on Twitter by the journalist.

Other media outlets reportedly received threatening phone calls warning them not to name the individual.

According to Haveeru, Muaz refused to get into the police van when police attempted to take him into custody.

“He went to the police office on his own cycle,” the newspaper reported.

Home Minister Umar Naseer meanwhile tweeted: “The suspect who attacked Minivan News office has been arrested. The govt will uphold the law.”

Following a meeting between journalists and Naseer late on Thursday night, the minister released a press statement the next day assuring that the attack on Minivan News as well as threats to journalists would be investigated with seriousness and urgency.

As the incident was related to “gang activity,” Naseer said the government was taking prompt action.

“[We] offer assurance that the government’s efforts to find an adequate and permanent solution to the environment of crime created in the Maldives will be carried forward without interruption,” the statement read.

In the hours after the attack, a Minivan News journalist also received a death threat, which read: “You will be killed or disappeared next, be careful.”

The Minivan News office building was also evacuated on Thursday night following threats of an arson attack. A similar threat was sent to opposition-aligned private broadcaster Raajje TV.

Investigation report

The attack on the Minivan office came after an investigation report – commissioned by the Maldivian Democracy Network (MDN) and conducted by Glasgow-based Athena Intelligence and Security – into the disappearance of Minivan News journalist Ahmed Rilwan was made public.

Citing the abduction of several young men in June by a vigilante group in a push to identify online activists advocating secularism or professing atheism, the investigation report found gang activity in Rilwan’s abduction to be a “strong possibility.”

The abductions in June followed local media reports of a meeting between Islamic Minister Dr Mohamed Shaheem Ali Saeed and youth groups who expressed concern over insults to Islam online and the promotion of homosexuality.

Witnesses to the abductions told Minivan News that the individuals photographed in the meeting formed part of the vigilante group that carried out the abductions in June.

The investigation report commissioned by MDN claimed that Muaz met both Islamic Minister Shaheem and Home Minister Umar Naseer.

In an apparent reference to the meeting with Muaz, Home Minister Naseer tweeted yesterday (September 26) that his “daily schedule involves meeting people who request for appointments”.

“Muaz’s concerns included the growth of secularism, which he believed would eventually destabilise the Maldives as rifts between Islamists and secularists erupt into open violence,” the investigation report stated.

Police told Minivan News last week that individuals named in the investigation report “raised their concerns and some have filed cases with the police alleging that their personal safety and security is at risk and they are receiving threats.”

Meanwhile, Tourism Ministry’s Coordinator Ahmed Shamoon tweeted yesterday of a war against MDN and Minivan News. The ruling Progressive Party of Maldives member later deleted the tweet and claimed the screenshot circulating on social media was “fake”.

“The war we are waging against MDN and Minivan News is a war against laadheeniyath [secularism or irreligiousness],” read the tweet.

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Power failure disrupts court proceedings

Multiple Court proceedings were disrupted this morning by a power failure at the justice building in which a number of courts are based .

Speaking to local news outlet CNM, a media official from the Criminal Court said that the power failure happened between 10am and 11:30am this morning.

“Some of the cases were cancelled today because it was impossible to continue the court proceedings during the power failure,” said the official.

Twenty different hearings were scheduled at the Criminal Court alone during the period of the power failure, including a hearing on the murder of Abdul Muheeth (Bobby), a 21-year-old who was stabbed to death near the finance ministry in 2012 in a case of mistaken identity.

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Bangladeshi murder suspect freed after five years in pre-trial detention

A Bangladeshi man charged with murder was acquitted and freed by the Criminal Court today after being held for five years in pre-trial detention.

Mohamed Yaseen was found not guilty of murdering another Bangladeshi man, Amir Hossain, on May 31, 2009.

The Criminal Court ruled that the prosecution was unable to submit enough evidence to prove that Yaseen committed the murder.

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Three Bangladeshis charged in first criminal prosecution for human trafficking

Three Bangladeshi men are on trial at the Criminal Court in the first criminal prosecution for human trafficking in the Maldives since the enactment of Anti-Human Trafficking Act in December.

The three Bangladeshi nationals identified by the court as Baadshah, Abdul Malak and M D Saim Mohla are accused of trafficking a Bangladeshi woman who arrived in the Maldives in December to work as a house maid.

The three defendants could face 10 years in jail if they are convicted.

M D Saim Mohla is also facing charges of possession of pornographic material, which were found on his phone when he was arrested.

In June, the Maldives was removed from the US State Department’s tier two watch list for human trafficking following the passage of the legislation last year.

In a report submitted to the UN Human Rights Council and made public yesterday, the Human Rights Commission of Maldives (HRCM) recommended “concerted efforts” to enforce the law.

“There are countless reports of exploitation of migrant workers through fraudulent recruitment practices by their agents, withholding of wages and confiscation of passports,” the report stated.

“Shelters to accommodate trafficking victims and support services are not operational. Lack of resources and capacity appear to be a challenge faced by authorities in establishment of institutional mechanisms and to implement the Anti‐Human Trafficking Act. Thus efforts to facilitate redress to victims remain disproportionate to a deteriorating situation.”

In a section on migrant workers, the HRCM noted that expatriate workers were often subjected to “inhumane conditions like being accommodated in overcrowded places which lack proper ventilation, adequate sanitary facilities and limited accessibility to water.”

“Maltreatment and negative attitudes towards migrant workers are a concern. Accessing services from [Labour Relations Authority] is a challenge for migrant workers based at atolls due to transportation difficulties as many remain reluctant to seek assistance for fear of deportation due to undocumented status.”

The HRCM also recommended ratification of the International Convention on Migrant Workers.

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Court will provide VIP treatment when it sees fit, insists Chief Judge Abdulla

The Criminal Court will provide VIP treatment and escort persons facing trial in and out through the back door in circumstances where it sees fit, Chief Judge Abdulla Mohamed has said.

Speaking at a function held on Saturday night (September 13) to celebrate the court’s anniversary, Judge Abdulla reportedly said that the court would allow accused parties to enter through the back door for safety reasons.

“If a court employee has to go an receive such a person, that would be done, too. That is done through the court’s administrative arrangements,” he was quoted as saying in local media.

The remarks followed criticism of the court for providing preferential treatment to MP Ahmed Siyam Mohamed in his alcohol possession case.

The leader of the government-aligned Maldives Development Alliance was 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.

Moreover, the chief judge had taken over Siyam’s case in May after the business tycoon requested a change of judge.

Judge Abdulla also criticised the police and state prosecutors for failure to secure convictions as a result of poor planning, insufficient evidence, and glaring inconsistencies between statements submitted by police and witness testimony heard at trial.

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Afrasheem murder suspect Shan acquitted at Criminal Court

Ali Shan has been acquitted of murdering MP Dr Afrasheem Ali in October 2012 at the conclusion of his trial at the Criminal Court yesterday.

In the not guilty verdict (Dhivehi) delivered yesterday, Judge Abdulla Didi stated that the evidence submitted by state prosecutors was not sufficient to prove that Shan – from Henveiru Hikost in Malé – was involved in the murder along with Hussain Human, who was found guilty and sentenced to death by the Criminal Court in January.

The Progressive Party of Maldives MP for Raa Ungoofaru was found brutally murdered near the staircase of his house on the night of October 1, 2012.

While the prosecution’s key witness did not see Shan attacking the moderate religious scholar, Judge Didi noted that witnesses for the defence testified that Shan was at the Jalapeno restaurant at the time the murder took place.

At a hearing last month, four witnesses testified that Shan was at the restaurant until 1:15am.

However, there were slight discrepancies in the testimonies. While one witness – Ali Hashim ‘Smith’ – reportedly claimed that he joined Shan and four others for a coffee at 11:30pm, a second witness suggested Hashim arrived around 10:30pm.

While the fourth witness said he left Jalapeno with Hashim around 1:00m and went to the Labamba restaurant, Hashim had said he left around 12:30am and went to the Laban restaurant in front of the Hulhumalé ferry terminal.

At the final hearing on August 21, a fifth witness, Ubaidhulla Saeed, told the court that he saw Shan at the restaurant around 9:30pm on the night the former MP was murdered.

After having coffee with friends, Ubaidhulla said he and Shan went for a motorbike ride and was at the Dolphin Cafe when he heard of the murder. Shan was with him at the time, he said.

While a witness for the prosecution testified to have seen Shan holding a blood-stained knife over Dr Afrasheem’s body by the staircase of the deceased’s residence, Judge Didi said the minor did not see Shan committing the murder.

At a hearing in February, state prosecutors presented evidence against the accused, including two witness testimonies, the confession of Humam, and a recording of a phone call.

Judge Didi, however, ruled that Humam’s confession was inadmissible as a Supreme Court precedent has established that a convict could not provide testimony either in favour or against an accomplices to a crime.

Moreover, neither the phone call recording nor the medico-legal report of Dr Afrasheem’s fatal injuries were sufficient to prove guilt, Judge Didi said.

As murder was a hudud offence in Islam, Judge Didi reportedly said such crimes must be proven beyond any doubt in Islamic Shariah.

Judge Didi also cited an authentic hadith from Prophet Mohamed (pbuh) in the reasoning for the verdict.

According to reporters present at the trial, Shan’s family members inside the courtroom burst into tears after he was pronounced not guilty.

Shan has been kept in pre-trial detention for almost two years.

Five others – a juvenile identified as ‘Nangi,’ Maldives National Defence Force officer Azleef Rauf, Abdulla ‘Jaa’ Javid (son-in-law of opposition Maldivian Democratic Party MP ‘Reeko’ Moosa Manik), Jaa’s brother Jana and another person identified only as ‘Spy’ – were also implicated in Human’s confession, which he later retracted and claimed had been extracted by police through coercion.

In December 2012, then-Commissioner of Police Abdulla Riyaz described the murder as a “preplanned politically motivated act of terrorism carried out by politicians”.

The current Jumhooree Party MP had also said both Humam and Shan belonged to a local gang who often carried out criminal acts for politicians and businessmen. Riyaz claimed the gang was paid MVR4 million (US$259,403) for the assassination.

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Over 35 sentences not enforced, reveals Criminal Court Chief Judge Abdulla Mohamed

Some 37 sentences remain unenforced due to lack of cooperation from the relevant authorities, Chief Judge Abdulla Mohamed said at a ceremony held last night to mark the anniversary of the Criminal Court.

Judge Abdulla reportedly criticised police for incomplete investigations and lack of attention to the Constitution and the law.

The Criminal Court also lacks a suitable environment for state prosecutors and witnesses to present testimony, he said.

According to local media, Juvenile Court Chief Judge Mohamed Naeem, also president of the Judges Association, said the Maldivian judiciary is now fully independent and free of undue influences.

Prior to the adoption of the new constitution in 2008 – which separated the judiciary from the executive – Naeem said judges and state attorneys would sometimes sit together to write verdicts.

Judges also delivered verdicts and judgments based on instructions from a committee of the now-defunct justice ministry, he said.

Speaking as chief guest at the event, Naeem said judges at the Criminal Court should be provided adequate security and criticised the Supreme Court for not formulating rules on issuing risk allowances for employees in the judiciary.

Responding to criticism over delays in concluding cases, Naeem said the judiciary’s speed was not slow when the number of judges, staff and resources at its disposal was taken into consideration.

The court’s annual report was released at last night’s event and certificates were awarded to staff at the Criminal Court in recognition of their work.

In March 2011, the Judicial Service Commission (JSC) demoted Naeem from the Civil Court to the Juvenile Court as a disciplinary measure. A week later, the JSC appointed Naeem chief judge at the Juvenile Court.

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Former undersecretary sentenced to house arrest

The Criminal Court has sentenced Hinna Khalid of Valhufehi in Henveiru ward to six months of house arrest.

Hinna Khalid served as an undersecretary at the President’s Office during President Dr Mohamed Waheed’s administration.

Khalid has been sentenced on charges of abusing powers for personal gain while serving as head of the Malé municipality.

The case was presided over by Criminal Court Chief Judge Abdulla Mohamed.

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Appeal hearings on Farhad murder case ends

Appeal hearings on the death sentence issued by the Criminal Court on Mohamed Nabeel of Reef in Galolhu ward on charges of the murder of Abdulla Farhad of Lilymaage in Seenu Atoll Hithadhoo have been completed.

The High Court will be announcing its verdict at the next hearing, which has not been scheduled so far.

The murder of Farhad was committed on March 9, 2009 in capital Malé city near Sosun Store on Majeedhee Magu.

He was allegedly attacked for harassing a girl who worked at a nearby shop. The girl has previously been reported to be a sister of the accused, Nabeel.

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