Tag: criminal court

Witnesses seek to provide alibi for Afrasheem murder suspect

Four witnesses have testified that Ali Shan was at the Jalapeno restaurant on the night that MP Dr Afrasheem Ali was murdered, reports local media.

Shan is accused of 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.

At a hearing yesterday, four witnesses for the defence 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 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.

As a fifth witness failed to appear yesterday, Judge Abdulla Didi said his testimony would be heard at the next trial date.

Judge Didi also refused a request by Shan’s attorney to release the defendant from police custody and said he would announce a date for hearing closing statements at the next hearing.

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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JSC clears Criminal Court Judge Abdul Bari Yousuf of ethical misconduct

The Judicial Service Commission (JSC) has cleared Criminal Court Judge Abdul Bari Yousuf of allegations of ethical misconduct and lifted his suspension after more than one year and five months.

The judicial watchdog revealed in a statement on Thursday (July 24) that the commission decided there was “insufficient concrete evidence” to prove wrongdoing following consideration of a report prepared by an investigating committee.

The JSC had suspended Bari in February 2013 pending the outcome of an investigation after a complaint was submitted the previous month.

Bari has reportedly been receiving full pay and allowances since his suspension.

Although the commission did not reveal any details regarding the complaint, local media reported that a female attorney from the Prosecutor General’s Office had alleged that Bari sexually assaulted her.

While the JSC refused to confirm the allegations at the time, JSC Spokesperson Hassan Zaheen told Minivan News last week that the commission only provides information to the media after concluding a case.

The JSC is tasked by the Constitution with investigating complaints and taking disciplinary action against judges.

Judge Bari has presided over a number of high-profile cases at the Criminal Court in recent years.

In February 2010, he acquitted Adam Naseer Aboobakuru, whom the administration of former President Mohamed Nasheed had labelled one of the country’s “top six” drug kingpins.

Naseer was arrested in June 2009 with over MVR6 million (US$461,500) in cash while police also found a tin containing drugs outside his house.

Judge Bari, however, ruled that the prosecution was unable to establish that the money was earned from dealing drugs and that the narcotics could have been placed outside Naseer’s house.

In 2011, Bari also ordered the release of Abdul Latheef, who was suspected of involvement with a high-profile drug cartel.

Despite initially ordering Latheef be kept in detention, the Criminal Court changed its first decision in a letter sent to the police asking for the suspect to be transferred to house arrest.

Latheef had been taken into custody with over 1,000 grams of cannabis in the trunk of his car.

Judicial oversight

Last week, the JSC denied media reports alleging that an investigating committee had found former Criminal Court Judge Muhthaz Muhsin – who was appointed as the new prosecutor general on Tuesday – guilty of ethical misconduct.

Muhsin had allegedly attempted to save a suspect arrested for theft from being held in remand detention.

According to the JSC’s annual report for 2013, the commission has yet to conclude investigations or make a decision regarding 106 cases, which were pending at the end of last year, including one complaint dating back to 2008 and four complaints from 2009.

Other pending cases included 13 complaints from 2010, 16 complaints from 2011, 17 complaints from 2012, and 55 complaints from 2013.

The complaints against judges involved allegations of bias, lack of integrity, behavioural misconduct, discrimination, incompetence, procedural violations, inordinate delays in concluding cases, and breach of law and the constitution.

In a comprehensive report on the Maldivian judiciary released in May 2013, UN Special Rapporteur for the Independence of Judges and Lawyers, Gabriela Knaul, noted that there was consensus on the view that the current composition of the JSC was “inadequate and politicised”.

“Because of this politicisation, the commission has allegedly been subjected to all sorts of external influence and has consequently been unable to function properly,” she wrote.

Moreover, a lack of transparency regarding proceedings over complaints, the criteria used to initiate proceedings, and JSC decisions “nourishes serious allegations of selectivity in the management of complaints.”

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Home Minister Umar Naseer’s trial concludes at Criminal Court

Home Minister Umar Naseer’s trial at the Criminal Court on charges of disobedience to order after calling for protesters in January 2012 to storm military barracks has concluded today.

After hearing closing statements, Chief Judge Abdulla Mohamed reportedly said the verdict would be delivered at the final hearing if there were no further matters for clarification.

The Prosecutor General’s (PG) Office is charging Naseer with violating Article 8 (a) of the General Laws Act of 1968 for calling on anti-government protesters in January 2012 to storm the military headquarters with 50 ladders.

The clause prohibits speech or writing contravening Islamic tenets.

According to local media, the prosecution presented video footage of Umar’s remarks as evidence at today’s hearing, while Naseer contended that his remarks were open to interpretation and could not therefore be the basis for pressing charges.

If convicted under Article 88 of the penal code, Naseer faces imprisonment, banishment or house arrest not exceeding six months or a fine not exceeding MVR150 (US$10).

Judge Abdulla Mohamed had taken over the case after Naseer requested a change of judge in letters to both the chief judge and Chief Justice Ahmed Faiz.

The request came after Judge Abdulla Didi refused to accept a procedural point raised by Naseer in the previous hearing in June.

Naseer had asked Judge Didi to annul Article 8 (a) of the General Laws Act on the grounds that it contradicted the right to freedom of expression guaranteed by the constitution.

Didi ruled, however, that Naseer’s claim does not classify as a point of procedure. Naseer’s lawyer Adam Asif meanwhile refused to proceed with the trial until Didi’s decision on the procedural matter was issued in writing. Didi then said he took Naseer’s refusal to proceed with the trial as a refusal to speak in his own defence.

He adjourned the hearing after allowing the state to present video evidence of Naseer’s speech, and said he would hold one more hearing for concluding statements and issue a verdict in a final hearing.

On June 12, Didi had also issued an arrest warrant ordering the police to present Naseer at the court after he missed three consecutive hearings while overseas on official business.

A similar request for a change of judge was granted to Maldivian Development Alliance (MDA) Leader Ahmed ‘Sun’ Shiyam in May after the resort tycoon objected to the manner of the presiding judge in his alcohol smuggling trial.

Disobedience charges

On January 23, 2012, Naseer told anti-government demonstrators in front of the Maldives Monetary Authority building that they should use tactics to tire out the soldiers on duty before climbing into the military barracks, at which point “the people inside will be with us.”

“From today onward, we will turn this protest into one that achieves results,” Naseer had said.

“We know how people overthrow governments. Everything needed to topple the government of this country is now complete.”

After he was questioned by the police in September 2012, Naseer told the press that “there will be no evidence” to prove he committed a criminal offence.

Naseer was appointed Home Minister on a cabinet slot allocated for the Jumhooree Party (JP) on a now defunct coalition agreement with ruling Progressive Party of the Maldives (PPM).

Two other ministers appointed on JP slots have switched to the PPM and its ally MDA following the dissolution of the coalition.

Meanwhile, following this defeat in the PPM primary to Yameen last year, Naseer held a rally in which he alleged widespread vote rigging and accused the PPM presidential candidate 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.

The PPM expelled Naseer after he refused to apologise for his comments.

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Man fined for attempting assault on a police officer

Ahmed Farrah of Evening Rose in Maafannu Ward of capital Malé City has been fined an amount of MVR 3000 for attempting assault on a police officer.

The Criminal Court sentenced Farrah to pay the fine to the court within a period of 30 days.

Local media reports that he was prosecuted for attempting to assault a police officer who tried to stop him at a checkpoint in 2012.

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Criminal Court rules money earned in drug trade to be taken by the state

The Criminal Court has ruled that the money acquired through the sale of drugs by Ahmed Anil from the island of Kon’de in Gaaf Alif Atoll is to be taken by the state.

The money amounts to MVR64,985 (US$4,214). Anil was sentenced to life in jail and fined MVR100,000 (US$6,485) which he has to pay to the Criminal Court within a period of 30 days.

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Man sentenced to seven years and six months for stealing laptop

The Criminal Court has sentenced Hussein Abdul Hakeem of Lhaviyani atoll Hinnavaru Island to seven years and six months for stealing a laptop.

This is the seventh count of theft against Hakeem. The Penal Code adds a year for every count of theft.

Hakeem was sentenced for stealing a laptop from a house in Malé in 2012.

In February, Ali Rasheed of Haa Dhaal Hanimadhoo Island was sentenced to four and a half years for stealing three lotion bottles. Rasheed also had been convicted of theft four times previously.

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Court extends detention of four suspects in 24kg drug smuggling case

The Criminal Court has extended pre-trial detention of four suspects arrested in connection with the smuggling of 24kg of heroin in March to 15 days on Friday (July 4).

According to police, the suspects include three Maldivian men and a Bangladeshi man while the remand detention of a fourth Maldivian was extended to seven days on July 1.

Last week, the Criminal Court denied ordering the deportation of two Pakistanis arrested in connection with the case after police claimed the court had ordered their transfer to the care of the Immigration Department.

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Criminal Court denies ordering deportation of Pakistanis arrested in 24kg drug haul

The Criminal Court has denied ordering the deportation of two Pakistani nationals arrested in connection with the smuggling of 24kg of heroin in March.

Citing police, local media reported this week that the court had ordered the deportation of the pair.

The Criminal Court however refuted the claims in a press statement released yesterday (July 2), noting that ordering the deportation of foreign nationals was outside the court’s jurisdiction.

Media reports to the contrary were “based on false information,” the court said.

The statement explained that a court order extending the remand detention of the Pakistani suspects to 15 days had instructed the police to transfer the pair to the the custody of the Department of Immigration.

Police had stated at the remand hearing that the Prosecutor General’s Office had decided to deport the suspects, the statement noted.

The media reports referred to by the Criminal Court were based on a news item published on the police website on Tuesday (July 1).

Out of 18 suspects arrested in the case, police explained that 15 were held in pre-trial detention, including three Bangladeshis, four Maldivians, and eight Pakistanis.

Six of the Pakistani nationals had since been released while the Criminal Court ordered the release of two Bangladeshis on June 24.

On the same day, one of the Maldivian suspects was transferred to house arrest due to poor health. The suspect had earlier suffered burns to 45 percent of his body in a fire accident, police noted.

“The detention period of a Maldivian involved in the case was extended to seven days today [Tuesday]. Additionally, the detention period of three Maldivians and a Bangladeshi will be up on July 4,” the police news item read.

“The court has asked for the two Pakistanis involved in the case to be deported.”

Minivan News was awaiting a response from the police media official at the time of press. The official told newspaper Haveeru yesterday that police were looking into the matter.

Record haul

Four Maldivians, three Bangladeshis, and 11 Pakistanis were taken into custody on March 10 with 24kg of heroin, which police said was “the largest amount of drugs seized in a police operation conducted in the Maldives so far.”

The drugs were transported in a vessel named ‘Hormooz’ registered in Iran, Superintendent Mohamed Rasheed, head of the Drug Enforcement Department (DED), revealed at a press briefing on March 12.

The 11 Pakistani nationals were the crew and captain of the Iranian boat. Local media reported in April that the Iranian vessel was allowed to leave the country while six crew members were also released.

The drugs were allegedly collected by the four Maldivians and three Bangladeshis 30 nautical miles off the coast of Alif Alif Mathiveri, Rasheed had explained, after which it was concealed under fibre boards in a dinghy.

Two of the suspects were seized by police after arriving on the dinghy in Hulhumale’ while their dhoni waited in the harbour.

The Iranian vessel was meanwhile captured at sea with coastguard assistance between Alif Alif and Baa atolls, Rasheed said.

Asked by reporters whether a police sergeant and a Maldivian man – Abdulla Shaffath – arrested in connection with the Artur brothers’ case last year were among the 18 suspects, Rasheed had said he could not disclose details as it could hamper the investigation.

Rasheed, however, confirmed that a police officer had been arrested in connection with the drug haul while two of the Maldivian suspects had prior records for drug-related offences.

While the street value of the drugs was estimated to be MVR36 million (US$2.2 million), Superintendent Rasheed noted that the drugs would likely be laced with “other powders” to increase its volume “two or threefold” before being sold.

The additional volume could potentially raise its street value to almost MVR100 million (US$6.5 million), he said.

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Home Minister’s trial delayed as court decides on change of judge

Home Minister Umar Naseer’s scheduled hearing in his disobedience to order trial was postponed today after the Criminal Court was unable to decide on a request to change the presiding judge.

Haveeru reported that it was not yet clear whether Naseer’s plea to Chief Judge Abdulla Mohamed and Chief Justice Ahmed Faiz to remove Judge Abdulla Didi from the case had been granted.

The request came after Judge Didi refused to accept a procedural point raised by Naseer in the previous hearing earlier this month.

Naseer had asked Judge Abdulla Didi to annul Article 8 (a) of the 1968 General Laws under which he is charged, claiming the clause contradicted the freedom of expression guaranteed by the constitution.

Didi ruled, however, that Naseer’s claim does not classify as a point of procedure, ordering the trial to continue.

Naseer’s lawyer Adam Asif has refused to proceed with the trial until Didi’s decision on the procedural matter is issued in writing. Asif has said that Naseer intends to appeal the decision.

Didi said he took Naseer’s refusal to proceed with the trial as a refusal to speak in his own defense.

He adjourned the hearing after allowing the state to present video evidence of Naseer’s speech, and said he would hold one more hearing for concluding statements and issue a verdict in a separate hearing.

On June12, Didi had issued an arrest warrant ordering the police to present Naseer at the court after he missed three consecutive hearings while overseas on official business.

If convicted under Article 88 of the penal code, Naseer faces imprisonment, banishment or house arrest not exceeding six months or a fine not exceeding MVR150 (US$10).

A similar request for a change of judge was granted to Progressive Coalition leader Ahmed ‘Sun’ Shiyam in May after the Maldivian Development Alliance had objected to the manner of the presiding judge in his alcohol smuggling trial.

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