Tag: criminal court

Home Minister refuses to cooperate with disobedience trial

Home Minister Umar Naseer has refused to cooperate with a Criminal Court trial on charges of disobedience to order.

The Prosecutor General’s Office charged Naseer with violating Article 8 (a) of the 1968 General Laws for his public call in January 2012 to storm the military headquarters. The clause prohibits speech or writing contravening Islamic tenets.

In a previous hearing, Naseer asked Judge Abdulla Didi to annul Article 8 (a), claiming the clause contradicted the freedom of expression guaranteed by the constitution.

Didi ruled Naseer’s claim does not classify as a point of procedure and has ordered the trial 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 today declined despite these repeated requests and adjourned the hearing.

On Thursday (June12), Didi had issued an arrest warrant ordering the police to present Naseer at court today after he missed three consecutive hearings. The home minister had been out of the country on official visits during all three hearings.

The police made no move to arrest the minister on his return to the Maldives yesterday, with Naseer travelling to the court this morning with a bodyguard escort.

Meanwhile, President Abdulla Yameen has urged his ministers not to leave the country on court dates.

“I’ve told all ministers. But I have not had an opportunity to tell Umar Naseer. With recent events, I’ve said even if you have an official visit, cancel it if you have to attend court. And even on private visits, if it’s a family medical emergency, get permission from the court to leave,” he said.

Disobedience to order

Rejecting Naseer’s point of procedure, Didi said the General Laws stand until the People’s Majlis decides to annul the law.

The Criminal Court would interpret the law if needed, Didi said and ordered the state and Naseer to proceed with the trial and to present witnesses.

Asif asked for the decision in writing, stating that Naseer would like to appeal the court’s decision. The constitution guarantees right of appeal to all individuals, Asif argued, stating that Naseer will only proceed with the trial after appealing Didi’s 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.

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).

Attorney General Mohamed Anil last week asked the parliament to annul several clauses of the General Laws. Asif claims Article 8 (a) is among the clauses up for annulment.

Arrest warrant

The heated trial comes in the aftermath of the dissolution of a coalition agreement between Naseer’s Jumhooree Party (JP) and the ruling Progressive Party of the Maldives (PPM).

Four ministers were appointed to the cabinet on JP slots, but following recent defections and dismissals, Naseer remains as the only JP minister.

The JP’s backing had been crucial in Yameen winning November’s presidential polls, although the JP’s agreement with the PPM fell apart in May following JP leader Gasim Ibrahim’s decision to stand for the Majlis speakers position.

Naseer had joined the JP in 2013 after losing to Yameen in the PPM’s presidential primaries.

Following this defeat, he held a rally in which he 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.

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

Opposition Maldivian Democratic Party (MDP) MP Eva Abdulla has asked the Majlis to summon Naseer on his comments on Afrasheem’s death and progress on the investigation.

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Criminal Court on recess until June 30

The Criminal Court is in mid-term recess starting from today until June 30.

Home Minister Umar Naseer’s trial for disobedience to order, however, will proceed as scheduled at 11:00am on Tuesday (June 17).

A Criminal Court media official said the court will focus on administrative affairs and will reduce hearings during the period.

The Juvenile Court is also currently on recess.

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Home Minister appeals arrest warrant

Home Minister Umar Naseer has appealed a Criminal Court arrest warrant at the High Court today.

The arrest warrant issued on Thursday orders the Maldives Police Services to arrest Naseer and present him at the Criminal Court at 11:00am on Tuesday (June 17), a High Court official said.

Naseer – currently in the Netherlands on an official visit – has failed to attend three consecutive hearings at the Criminal Court to answer charges of disobedience to order.

The Home Minister was abroad during all three hearings.

Home Ministry’s Media Coordinator Thazmeel Abdul Samad told Minivan News on Saturday that Naseer is not a fugitive from justice and will attend hearings willingly once he returns from the Netherlands on June 16.

The Maldives Police Services has acted differently in different arrest warrant cases.

The police arrested former President Mohamed Nasheed in 2012, and former MPs Abdulla Jabir and Hamid Abdul Ghafoor on the Criminal Court’s orders in 2013. But when the court ordered MP Ahmed ‘Sun Travel’ Shiyam be arrested in March, the police asked him to present himself at the police headquarters on the day in question and escorted him from the police station to the court.

The police have refused to comment on the arrest warrant.

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

Two of the four ministers appointed on JP slots have switched to the PPM and its ally Maldivian Development Alliance (MDA) following the dissolution of the coalition.

Naseer joined the JP in 2013 after losing the PPM’s presidential primary to incumbent President Abdulla Yameen.

The PPM expelled Naseer from the party after he alleged the primaries were rigged and accused Yameen of illicit connections with gangs and the illegal drug trade and vowed to bring a “white revolution” within the party.

Speaking to Minivan News in January Naseer said his earlier comments were “political rhetoric.”

In March, Naseer announced he will run for the presidency in 2023 but pledged to back Yameen for re-election in 2018.

“I am not a political threat to President Yameen. I am ready to work to help President Yameen get re-elected to presidency in 2018. What I may have said before, and the competition that existed between us before is a completely different matter. That has come to an end,” he said in an interview on state broadcaster Television Maldives’ Friday variety show ‘Heyyambo.’

Naseer is accused of calling for 2,000 volunteers on January 23, 2012 to storm the Maldives National Defence Force (MNDF) headquarters with 50 ladders during the two weeks of protests sparked by the military’s controversial detention of Criminal Court Chief Judge Abdulla Mohamed.

On the night in question, Umar 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.

“In my statement I did not mention where to place the ladders or where to climb in using the ladders,” Naseer had said.

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

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State presents witnesses in Sun Shiyam’s alcohol possession trial

The Prosecutor General’s Office has presented witnesses in the alcohol possession trial against tourism tycoon and MP for Meedhoo constituency MP Ahmed ‘Sun Travel’ Shiyam.

Two Customs Services officers who checked Shiyam’s bag in March 2012 at Ibrahim Nasir International Airport testified to finding an alcohol bottle in his luggage at the Criminal Court today, local media has reported.

A Maldives Airports Company Ltd (MACL) staff member who handled the luggage said they were not aware an alcohol bottle was in the bag when they took it for screening.  The staff said the bag was unlocked and it was possible for someone to have put the bottle in the bag.

Two police officers who carried out forensic tests on the bottle testified that the substance in the bottle is alcohol.

Shiyam has denied charges, claiming he is being framed.

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.

The case has garnered controversy after Criminal Court Judge Abdulla Mohamed took over the case from Judge Ahmed Sameer following a complaint by Shiyam in which he said Judge Aziz’s “hand gestures and facial expressions” indicated a personal grudge against him which could lead to an unfair trial.

The MP for Dhaal Meedhoo is the leader of Maldives Development Alliance – which has 7,537 registered members and five MPs – and is founder of the Sun Travel and Tours company.

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

Home Minister Umar Naseer is not a fugitive from justice, the Home Ministry has said in response to local media reports of an arrest warrant to present Naseer at court.

Naseer – currently in the Netherlands on an official visit – has failed to attend three consecutive hearings at the Criminal Court to answer charges of disobedience to order.

Local media have claimed the Criminal Court has issued an arrest warrant ordering the police to present the Naseer at court, but the Home Ministry and the Maldives Police Services declined to confirm if a warrant was issued.

Instead, Home Ministry’s Media Coordinator Thazmeel Abdul Samad said Naseer is not hiding from the courts and will attend hearings willingly once he returns from the Netherlands on June 16.

Naseer is accused of calling for 2,000 volunteers on January 23, 2012 to storm the Maldives National Defence Force (MNDF) headquarters with 50 ladders during the two weeks of protests sparked by the military’s controversial detention of Criminal Court Chief Judge Abdulla Mohamed.

During a first hearing into the case on April 27, Naseer denied charges. At a second hearing on May 22, he asked the court to strike down the clause he is being prosecuted under.

The Prosecutor General’s Office is pressing disobedience to order charges under Article 88 of the Penal Code with reference to Article 8 (a) of the General Laws.

The General Laws was passed in 1968 and the clause in question prohibits writing or speech against any tenet of Islam.

The Criminal Court scheduled a hearing on May 25, but Naseer left the country on an official trip and asked Judge Abdulla Didi to delay the trial.

A hearing was scheduled again for June 10, but the minister left the country on June 9 to source sniffer dogs and body scanners from the Netherlands.

The Home Ministry had sent a letter to the Criminal Court informing Judge Didi of Naseer’s absence on June 10, but Didi decided to go ahead with the hearing.

He argued the minister’s absence was unacceptable given his previous absence on May 25, and warned Naseer’s lawyer Adam Asif that action would be taken if the minister fails to attend the next hearing scheduled for June 12.

“I sincerely appeal to you not to force us to have the minister placed under detention and presented to court,” Didi said.

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

Naseer was appointed as 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 Maldivian Development Alliance (MDA) following the dissolution of the coalition.

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.

“In my statement I did not mention where to place the ladders or where to climb in using the ladders.” Naseer had said.

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Home Minister fails to attend court, leaves on official trip to source sniffer dogs, body scanners

Minister of Home Affairs Umar Naseer has failed to attend a second court hearing into charges of disobedience to order.

The Home Ministry has reported Naseer left the country last night on an official trip to the Netherlands to source sniffer dogs and body scanner machines for airport security purposes.

Naseer is accused of calling for 2,000 volunteers to storm the Maldives National Defence Force (MNDF) headquarters with 50 ladders on January 23, 2012 during two weeks of protests following the military’s controversial detention of Criminal Court Chief Judge Abdulla Mohamed.

Judge Abdulla Didi, who is presiding over Naseer’s case, warned action will be taken against the minister if he fails to attend the next hearing of the case, scheduled to be held on Thursday, June 12.

“I sincerely appeal to you not to force us to have the minister placed under detention and presented to court,” Abdulla Didi said to Naseer’s lawyer, Adam Asif, in court today.

The Home Ministry, however, said it had notified the court in advance that Naseer will be out of the country from June 9 to June 16. The Criminal Court has rescheduled hearings in previous cases if any of the parties are unable to attend.

But the judge stated that Naseer had gone abroad previously on an official trip after receiving summons for the last scheduled hearing.

Although the Home Ministry had sent letters notifying the court of Naseer’s absence from the capital in advance, Judge Didi said he did not accept the justification.

Today’s hearing had been scheduled after the Home Ministry had assured that Naseer will be in Male’ from June 8, Didi said adding that he did not accept Naseer’s absence for an official trip as a sufficient reason for a second absence.

The Home Ministry’s official website has issued statement saying that Naseer will be in the Netherlands until June 16 on an official trip.

During the trip, he will be meeting with OD Security – a company which builds body scanners to combat drugs and terrorism, and the K10 Working Dogs – a canine supplier for global government agencies.

Naseer is also scheduled to visit Abu Dhabi on the trip, where he will be meeting with the United Arab Emirates Minister of Interior Lt General Sheikh Saif Bin Zayed Al Nahyan.

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Criminal Court disregarded crucial evidence to set top drug dealer free, reveals High Court ruling

The Criminal Court set a drug kingpin free after claiming that a hearing during which crucial evidence was presented never took place, a High Court ruling on May 29 has revealed.

The High Court overturned the lower court’s ruling and sentenced Hassan Yoosuf of Laamu atoll Gan Island to life in jail for trafficking 46.6 grams of cannabis products.

The Criminal Court said the state had not presented the rubber packet alleged to contain cannabis as physical evidence to the court. But both state prosecutors and Yoosuf testified at the High Court that the police brought the packet to the court on August 22, 2010.

However, the Criminal Court said it has no record of the hearing having taken place.

The High Court’s ruling also highlighted additional intentional lapses in the lower court’s verdict such as its dismissal of credible eyewitness testimony.

Police have called Yoosuf “the top drug dealer” in Laamu Atoll. He was found guilty of drug trafficking and sentenced to 30 years on a separate case in November 2011, but released by the Drug Court in February 2012 after completing a six month rehabilitation program.

No record

Yoosuf fled from the police on December 15, 2009 when the police attempted to arrest him on suspicion of drug trafficking, eyewitnesses said.

When police caught up with him, he threw away a cigarette pack into the trees on the roadside. A rubber packet containing a black substance fell out from the box, eyewitnesses said.

At the Criminal Court, Yoosuf denied charges, arguing the rubber packet presented as evidence could not have fit inside the Camel Light cigarette box.

The presiding judge then asked the state to present the evidence at court. Forensic expert Corporal Mohamed Thihamee went to court with the evidence and demonstrated how the packet could be folded to fit inside the box on August 22, 2010, but the Criminal Court later denied the hearing took place.

Thihamee also testified that the hearing took place. Yoosuf also said the evidence was presented, but said he did not remember seeing Thihamee fit the rubber packet inside the box.

Thihamee demonstrated the same during the High Court appeal.

Discrepancies

The Criminal Court also ruled there were too many discrepancies in witness statements to convict Yoosuf.

But the High Court said all four witnesses testified that they saw Yoosuf throw away the cigarette pack during the police chase and that they saw a rubber packet fall out from the box.

They further testified the police found the rubber packet caught between the fronds of a short coconut palm tree on the roadside, the High Court said.

The witness statements and the forensic report on the substance inside the packet is enough proof to convict Yoosuf, the High Court’s majority verdict found.

Dissenting judge Abdulla Hameed found Yoosuf not guilty on a procedural point, arguing the right process was not followed in compiling the forensic report. He said the junior police officer who conducted the analysis was only authorised to do so under a senior officer’s direct supervision.

But judges forming the majority opinion Azmiralda Zahir and Abdul Rauf Ibrahim said the senior police officer is not mandated to be present throughout the time of analysis, but is supposed to supervise whether all the procedures are followed correctly.

The Maldives Correctional Services recently temporarily released convicted drug kingpin Ibrahim Shafaz Abdul Razzak for medical treatment in suspect circumstances in February. But he was caught in Colombo and extradited to the Maldives in May.

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Man handed six-month jail term for breaking house arrest

A man serving a three year four months house arrest sentence has been handed a six-month jail term on Tuesday for breaking his house arrest.

Mohamed Shiham of Felidhoo House in Gaaf Dhaal atoll Gahdhoo Island was sentenced to house arrest in August 2010, but left his house before the end of his sentence in April 2013.

He confessed to the offense at the Criminal Court.

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Sun Shiyam’s bag was searched in absentia, witnesses admit in alcohol trial

Tourism tycoon and MP ‘Sun Travel’ Ahmed Shiyam’s bags were searched in his absence, state prosecutors have told the Criminal Court on Monday (May 26).

Shiyam is being charged with smuggling alcohol and possessing alcohol after a liquor bottle was found in his luggage at the airport in March 2012.

But Shiyam’s lawyer Ali Shah claimed the MP was being framed. Witnesses presented by the state admitted the luggage was with another individual when it was unlocked.

Witnesses also said they did not question Shiyam about the find at the time.

The case has garnered controversy after Criminal Court Judge Abdulla Mohamed took over the case from Judge Ahmed Sameer following a complaint by Shiyam in which he said Judge Aziz’s “hand gestures and facial expressions” indicated a personal grudge against him which could lead to an unfair trial.

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.

The MP for Dhaal Meedhoo is the leader of Maldives Development Alliance – which has 7,537 registered members and three MPs – and is founder of the Sun Travel and Tours company.

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