Tag: criminal court

Drug kingpin Shafaz appeals conviction at High Court

Convicted drug trafficker Ibrahim Shafaz Abdul Razzak has appealed his drug trafficking charges at the High Court, reports local media.

At the first hearing yesterday, Shafaz’s lawyer argued that the trial at the Criminal Court was conducted in a prejudiced and unfair manner.

The defence attorney, Aminath Shezleen, noted that the verdict did not specify the type of drugs Shafaz was accused of trafficking with reference to the appendix of the Drugs Act.

While the conviction was based on a phone call recording, Shezleen said the audio was submitted as evidence without a chain of custody report from police as required by regulations.

The state attorney, however, defended the validity of the report and noted that both sides were allowed to question experts at the trial concerning the analysis report of the phone recording, adding that Shafaz had not denied that it was his voice in the incriminating audio.

Concluding the hearing, the three-judge panel asked for submission of both the chain of custody report and the recording of the phone conversation.

The judges announced that a second hearing would be held after considering the evidence.

The Criminal Court had sentenced the 30-year-old to 18 years in prison in November 2013 and levied a fine of MVR75,000 (US$4,860) for drug trafficking.

In February, Shafaz was temporarily released for three months to seek medical treatment said to be unavailable in the Maldives.

However, following media reports suggesting the Maldives Correctional Services (MCS) violated procedures in authorising his release, Shafaz was caught in Colombo in May and brought back to the Maldives to serve his sentence.

Shafaz was arrested on June 24, 2011, with 896 grams of heroin from a rented apartment in a building owned by ruling Progressive Party of the Maldives MP Ahmed ‘Redwave’ Saleem.

Former head of the Drug Enforcement Department, Superintendent Mohamed Jinah, told the press at the time that police had raided Henveiru Fashan based on intelligence information gathered in the two-year long ‘Operation Challenge’.

Jinah labeled Shafaz a high-profile drug dealer suspected of smuggling and supplying drugs since 2006.

He claimed that the network had smuggled drugs worth MVR1.3 million (US$84,306) to the Maldives between February and April 2011.

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Journalist Haseen denies charges of obstructing police duty

Channel News Maldives (CNM) journalist Abdulla Haseen has denied charges raised against him of working with political figures to obstruct police duties.

At a hearing held at the Criminal Court today, Haseen is reported in local media as having said that he had attended political rallies only as a journalist with the intention of covering them for news pieces.

Haseen is accused of having removed police barricades and of speaking to police officers in obscene language along with Abdulla Idrees of Gulfaamuge in Laamu Maavah and former opposition Maldivian Democratic Party (MDP) MP Hamid Abdul Ghafoor.

The next hearing of the case has been scheduled to be held on September 28.

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PG advised release of suspect in Alhan stabbing, claims Criminal Court

The Prosecutor General’s (PG) Office saw “no reason” to keep a suspect arrested in connection with the stabbing of former MP Alhan Fahmy in pre-trial detention, the Criminal Court has claimed.

The court explained in a press statement yesterday that it was informed that the case against the two suspects – Mohamed Sameeh of Shiny, Fuvahmulah, and Mohamed Naseem, of Ulfamanzil, Seenu Hithadhoo – had been forwarded for prosecution, and that “the Prosecutor General’s Office had advised that it saw no reason to keep Mohamed Sameeh in further detention.”

Responding to criticism following the release of two suspects in Alhan’s stabbing, the Criminal Court contended that media reports concerning the court-ordered release of the pair were “false”.

“Mohamed Sameeh and Mohamed Naseem were released from custody on August 31, 2014 with conditions,” the court said, noting that the suspects had been held in remand detention for seven months.

Local media had reported that the pair were freed due to delays by the PG’s Office in formally filing charges five months after police concluded the investigation.

The Criminal Court noted that issuing arrest warrants, extending detention of suspects, and releasing suspects with or without conditions was “the arrangement under the Maldivian legal system,” adding that the court’s decisions could be appealed at the High Court.

“We remind that the court does not make decisions after seeking the views of a person or people but according to the rules or procedure specified in law,” the statement read, advising verifying information before reporting.

Asked about the Criminal Court’s contention, a media official at the PG’s Office told Minivan News he would check with the prosecutor on the case, but was not responding at the time of publication.

The media official did, however, say that the case was being expedited. A decision to prosecute would be based on the available evidence, he explained.

“For example, for the two [suspects], there could be a different amount of evidence. So it is likely that something like that might have been [relayed to the court],” he said.

According to local media, one of the suspects – Mohamed Naseem – has been convicted on drug abuse charges and sentenced to three years in prison. Naseem is also reportedly facing charges of sexually abusing a minor.

Meanwhile, the opposition Maldivian Democratic Party (MDP) has strongly condemned the release of two suspects.

The MDP noted in a press statement on Sunday (August 31) that the court’s decision was evidently not based on lack of evidence as judges had been granting extension of remand detention since February.

The remand detention must have been approved because the court believed the suspects posed “a danger to society” based on preliminary evidence, the party contended.

The release of suspects in a near-fatal stabbing despite evidence showed that there was “no hope for attaining justice through the Maldivian criminal justice system,” the statement read.

Alhan was stabbed in the back at the Breakwater cafe’ in Malé on the night of February 1.

Following the stabbing, eyewitnesses saw police catch and arrest one of the assailants. Alhan had received stab wounds to the back and was quickly flown to Sri Lanka for spinal surgery.

The former MP for Addu Feydhoo returned to the Maldives in early March, walking with a crutch following initial fears that the wounds may have caused permanent paralysis.

Speaking to Minivan News at the time, a family member alleged that the attack was politically motivated and well organised, claiming that Alhan’s car had been followed three days prior to the incident.

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Man placed under house arrest for biting his wife

The Criminal Court on Sunday (August 31) sentenced a man to six months under house arrest for biting his wife’s hand.

According to local media, Ali Mohamed, from Maafanu Season, was found guilty of assaulting his wife in November 2012.

The court noted in its verdict that the accused had previously been sentenced for a similar offence.

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MDP condemns release of suspects in Alhan stabbing

The opposition Maldivian Democratic Party (MDP) has strongly condemned the release of two suspects arrested in connection with the stabbing of the party’s former MP Alhan Fahmy.

The Criminal Court yesterday ordered the release of the two suspects – Mohamed Sameeh of Shiny, Fuvahmulah, and Mohamed Naseem, of Ulfamanzil, Hithadhoo – who had been kept in pre-trial detention since their arrest on the night of February 1 shortly after Alhan was stabbed in the back at the Breakwater cafe’ in Malé.

The court freed the pair from custody reportedly due to delays by the Prosecutor General’s (PG) Office in formally filing charges.

Police told local media that one of the suspects was released following the court order. The second suspect was still in custody as he was serving a sentence in an unrelated case.

In a press statement released yesterday, the MDP noted that the court’s decision was evidently not based on lack of evidence as judges had been granting extension of remand detention since February.

The remand detention must have been approved because the court believed the suspects posed “a danger to society” based on preliminary evidence, the party contended.

The release of suspects in a near-fatal stabbing despite evidence showed that there was “no hope for attaining justice through the Maldivian criminal justice system,” the statement read.

The party also noted that numerous and persistent death threats to MDP MPs had not been properly investigated.

“And we note with concern that the relevant authorities have so far been unable to find Minivan News journalist Ahmed Rilwan, who is believed to have been abducted,” it added.

The party accused the government of negligence in ensuring public safety following multiple stabbing incidents and escalating gang violence.

“The party calls on all relevant state institutions to fully investigate the dangerous murder attempt on Alhan Fahmy and punish the perpetrators,” the press release stated.

Following the stabbing, eyewitnesses saw police catch and arrest one of the assailants. Alhan had received stab wounds to the back and was quickly flown to Sri Lanka for spinal surgery.

The former MP for Addu Feydhoo returned to the Maldives in early March, walking with a crutch following initial fears that the wounds may have caused permanent paralysis.

Speaking to Minivan News at the time, a family member alleged that the attack was politically motivated and well organised, claiming that Alhan’s car had been followed three days prior to the incident.

Last year, Secretary General of the IPU, Anders B. Johnsson wrote to former Speaker of the People’s Majlis Abdulla Shahid requesting an urgent visit to the Maldives to discuss steps to ensure MPs “can do their work unhindered, without fear of intimidation and harassment or attack on their physical integrity.”

Alhan’s name appeared on an IPU list of 21 Maldivian MPs being monitored by the group. The list included Progressive Party of Maldives MP Dr Afrasheem Ali who was murdered in October 2012.

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Criminal Court rules charges of sending threats to MP Rashad not proven

The Criminal Court has ruled that charges Mohamed Raaif of Henveiru Blue Mead sent death threats to Thulaadhoo constituency MP Nazim Rashad have not been proven.

The case was lodged after Nazim Rashaad received death threats in August 2011.

The court’s ruling reads that based on the fact that Raaif pleaded not guilty, and taking into account witness statements, the court decided that the charges could not be proven.

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Court postpones delivering verdict in Siyam alcohol possession trial

The Criminal Court has postponed a hearing scheduled today to deliver a verdict in MP Ahmed ‘Sun’ Siyam Mohamed’s alcohol smuggling and possession trial, reports local media.

At the last hearing in July, Chief Judge Abdulla Mohamed had said the verdict would be delivered at the next trial date. The court has confirmed that a hearing scheduled for today has been cancelled, but did not provide an explanation.

The chief judge had taken over Siyam’s case in May after the MP for Dhaalu Meedhoo requested a change of judge.

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

The government-aligned Maldives Development Alliance (MDA) leader was charged with smuggling and possession of alcohol in November after a liquor bottle was found in his luggage in March 2012.

The bottle was discovered in the tourism tycoon’s bag when it was screened at the airport upon his return from a trip overseas.

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.

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.

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Verdict in Afrasheem murder trial due on September 7

Judge Abdulla Didi has declared today that a verdict in the murder trial of Dr Afrasheem Ali will be delivered on September 7, reports local media.

The accused Ali Shan is on trial for allegedly killing the moderate religious scholar on October 1, 2012 together with Hussain Human, who was found guilty and sentenced to death by the Criminal Court in January.

Following testimony at today’s hearing from witnesses for the defence, Judge Didi said closing statements would be heard at the next trial date on August 28.

At the last hearing, four witnesses testified that Shan was at the Jalapeno restaurant on the night that MP Dr Afrasheem Ali was murdered.

A fifth witness, Ubaidhulla Saeed, told the court today 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 in the Dolphin Cafe when he heard of the murder. Shan was with him at the time, he said.

At a previous hearing, a witness for the prosecution testified to have seen Shan holding a blood-stained knife near Dr Afrasheem’s body by the staircase of the deceased’s residence.

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.

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High Court overturns acquittal of accused drug smugglers

The High Court has today overturned the Criminal Court’s acquittal of two men accused of smuggling more than a kilo of drugs and sentenced the pair to life imprisonment.

In 2011, the Criminal Court had found Abdul Latheef Mohamed, from the Daily Blue house in Fuvahmulah, and Hassan Ali, from special registry number 3033, not guilty of drug smuggling charges.

Police arrested the pair in December 2010 during a joint operation with the Maldives Customs Service after discovering 1083.4246 grams of cannabis in a box in the trunk of Latheef’s car near the T-jetty in Malé.

The lower court had ruled that state prosecutors were unable to prove that the accused were aware that the box contained illicit narcotics.

In the judgment (Dhivehi) delivered by a panel of three judges – including Chief Judge Abdulla Hameed – the High Court ruled that the pair must bear responsibility for being in possession of the drugs as they had loaded the box into the car voluntarily.

While the drugs were smuggled from India, the High Court noted that Latheef had received a text message from an Indian number before he collected the package.

The text message said ‘1 2 3’ and the same digits were written on the box, the High Court noted. Moreover, evidence submitted by the prosecution showed that the pair had called the suspected Indian supplier on numerous occasions after the drugs arrived in the Maldives.

In March 2011, the High Court invalidated a letter by the Criminal Court ordering police to transfer Latheef to house arrest.

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