Tag: criminal court

Criminal Court delays religious scholar Sheikh Fareed’s trial

The Criminal Court has decided to delay the trial of controversial religious scholar Sheikh Ibrahim Fareed after the state lawyers told the court they wanted to withdraw the case.

According to local media, state lawyers told the Prosecutor Genral’s (PG) Office  had decided to withdraw the case because too much time has passed since Fareed had committed the offense.

Sheikh Fareed was charged for conducting religious sermons in some islands of Haa Dhaalu Atoll after the government cancelled his permission to preach in 2007. The last hearing in to the case was held on 30 January 2011.

Lawyers told the Criminal Court that the PG Office had sent letters to the court informing of the decision to withdraw charges, but the court had refused to accept the letters. Instead, the letters were handed to the judge during today’s hearing.

The judge told the state prosecutor there were many charges the PG Office should withdraw if charges against Fareed are to be dismissed, and said the PG Office should treat everyone equally when dealing with such matters.

The judge also said that the PG Office cannot decide to withdraw cases filed at the court with the ongoing leadership vacuum at the PG office.

The Criminal Court will only accept the withdrawal if the new PG wished to withdraw charges, the judge said. A next hearing will be held after a new PG is appointed by the new parliament, he added.

When charges were first filed against Sheikh Fareed, the President of Islamic Foundation of Maldives (IFM) Ibrahim Fauzy told Minivan News that Fareed was arrested alongside many MDP delegates while he was aboard a boat traveling from Thinadhoo in Gaafu Dhaalu Atoll in the year 2007.

”The former Religious Unity Act is contradictory to the new constitution, it is not acceptable to charge Sheikh Fareed over this issue,” said Fauzy. ”It is all related to politics. The former government confiscated his permission to preach, and later he only spoke at political rallies when he was in the ruling Maldivian Democratic Party (MDP).”

Sheikh Fareed was arrested several times during the former regime for his participation in anti-governmental protests. According to the local media, he was also once charged with terrorism but acquitted.

In 2007 he was the vice president of MDP religious council but resigned after alleging that the party was against Islam.

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Fourth man sentenced to jail for stealing lotion bottles

The Criminal Court has sentenced a fourth man to a prison sentence for stealing a ‘Bettina Barty’ brand lotion bottles in 2012.

Ibrahim Ali of Noonu Atoll Velidhoo Goabilige was sentenced to two years and six months in jail due to his previous record of theft.

The court had previously sentenced three other men in separate cases for stealing lotion bottles.

On April 7, Hussein Fazeel of Pink Dream in Malé received a two and a half year term for stealing ten ‘Enchanteur’ brand lotion bottle and Mohamed Rasheed of Fuvahmulah Island was sentenced to one year for stealing a ‘Bettina Barty’ lotion bottle on April 28.

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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Sun Shiyam’s alcohol possession trial delayed again

The second hearing in the alcohol possession and smuggling trial of Maldives Development Alliance (MDA) leader and MP Ahmed ‘Sun’ Shiyam has been cancelled for the third time in two months.

According to the Criminal Court, a scheduled hearing was cancelled today as the court was unable to deliver the summons chit.

Media reports that the presiding judge has been changed have today been denied by the court.

In March 2012, customs officers at Ibrahim Nasir International Airport (INIA) discovered a bottle of alcohol in the MP’s luggage. After a police investigation, the case was forwarded to the Prosecutor General’s (PG) Office in August 2012 before being returned to police due to incomplete information.

The relative speed at which cases related to opposition MPs have travelled through the justice system prompted the Maldivian Democratic Party to seek a no-confidence motion against then PG Ahmed Muizz.

Muizz’s subsequent resignation last November has indirectly led to the current crisis in the country’s courts.

Shiyam was eventually charged – more than a year later – although a hearing scheduled for November 7 2013 was cancelled after a summons chit was not delivered to Shiyam.

The Criminal Court subsequently ordered police to present the MP in court, after which he appeared for the first hearing on March 13, 2014.

With local media reporting that Shiyam was kept in the guest area of the court – unlike other suspects – Shiyam denied the charges and requested more time to research the case.

A scheduled hearing for April 10 was again cancelled due to Shiyam’s absence from the capital, with the rescheduled hearing also cancelled as the court was unable to deliver the chit.

An unannounced hearing was attempted on March 27 prior to these official hearings, while Judge Ahmed Sameer Abdul Aziz – who is presiding over the case – was on leave. Citing an anonymous source at the court, local media outlet CNM reported that Criminal Court Chief Justice Abdullah Mohamed was behind this attempt.

“[Criminal Court Chief] Justice Abdulla [Mohamed]was to finish the case. In this regard he sent summoning chits to witnesses while they have not even been presented [by the state], and tried to hold a hearing today at 10am,” CNM quoted the official as saying.

The attempt eventually failed after after a number of court officials were absent from work, CNM was told.

While the case was not on the hearing schedule published on their official website, the court’s spokesperson told CNM such arrangements were not unlawful.

Replacing the judge

Meanwhile local media has reported that the court has now replaced Judge Abdul Aziz with Judge Shujau Usman upon Shiyam’s request.

The Criminal Court has denied these reports, saying that today’s hearing had also been scheduled to be conducted by Judge Abdul Aziz.

The media has published contents of a letter attributed to Shiyam which requests the removal Judge Abdul Aziz from the case stating the he has a personal grudge against the Meedhoo MP.

The letter, dated 24 April 2014, and addressed to to Chief Justice Ahmed Faiz is said to states that, during the first hearing, Judge Abdul Aziz displayed hand gestures and facial expressions which suggested the possibility of acting impartially against Shiyam.

It stated that Judge Abdul Aziz was also displeased with the MDA leader following his complaints, and that Shiyam had received information the judge may be considering a hastened and strict verdict against him.

The letter described the case against Shiyam as “a devious plot by some powerful people” and a politically motivated lie invented by Shiyam’s enemies.

If found guilty, Shiyam could lose his seat in the parliament as per Article 73(c)(2) of the constitution which states that members will be disqualified upon receiving a criminal sentence of more than twelve months would.

Import and possession of alcohol without a special permit form the Ministry of Economic Development is is a criminal offence in the Maldives. The penalty for the crime under the Unlawful Imports Act is 1-3 years imprisonment, banishment or a fine between MVR1000 – 5000.

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President Yameen defends nomination of Maumoon Hameed for prosecutor general post

President Abdulla Yameen has defended the nomination of his nephew Maumoon Hameed to the vacant post of prosecutor general (PG), announcing his intention to nominate the lawyer to parliament for a second time.

Parliament rejected Hameed – son of former Atolls Minister Abdulla Hameed – on April 14 after the nominee fell three votes short of securing parliamentary approval.

Addressing supporters in the Feydhoo ward of Addu City last night (May 18), President Yameen insisted that Hameed was chosen based on competence and qualification rather than family connection.

“I don’t want in any case for the People’s Majlis to appoint Maumoon Hameed to the post of Prosecutor General  because he is my brother or a member of my family,” Yameen said.

“But even tonight, I want to say proudly, standing before the public, that yes, it is true, there are educated and competent persons in my family. They want to serve the Maldivian government and the Maldivian people. They will be brought before the law when they violate the law. I am sending Maumoon Hameed’s name [to parliament] this time as well.”

He added that he wished for parliament to approve “approve a trustworthy and experienced person as prosecutor general.”

Opposition members of the Majlis involved in the previous approval process have suggested that he had failed to meet the oversight committee’s assessment criteria, suggesting that he had shown a poor understanding of current legal issues concerning the country’s legal system.

Yameen observed that the nomination of his nephew has been the subject of criticism in the media, noting that the names of other applicants would be forwarded to parliament as well.

Earlier this month, the President’s Office invited applications for the PG post for a third time after too few candidates put forward their names.

President’s Office Spokesperson Ibrahim Muaz revealed this week that the applicants included four judges in addition to former Tourism Minister Mariyam Zulfa and state prosecutor Aishath Fazna Ahmed.

The PG’s post has been vacant since November following the resignation of Ahmed Muiz ahead of a scheduled no-confidence motion in parliament.

The criminal justice system was meanwhile temporarily brought to a halt with the resignation on May 4 of Deputy Prosecutor General Hussain Shameem – who had been fulfilling the responsibilities of the PG – citing “obstruction” by the Criminal Court.

In the wake of Shameem’s resignation, state prosecutors refused to attend trials in the absence of both the PG and his deputy. However, the prosecutors resumed work after a week-long hiatus following a Supreme Court order last week.

18th People’s Majlis

Following parliament’s rejection of Hameed last month, opposition Maldivian Democratic Party (MDP) Spokesperson Hamid Abdul Ghafoor suggested that the failure to secure a simple majority of 39 votes was down to either poor organisation on the part of the ruling Progressive Party of Maldives (PPM) or a sign of discord within the governing coalition.

“MP Gasim Ibrahim [Jumhooree Party leader] was openly lobbying against the PG nominee 30 minutes before vote but voted with PPM,” Hamid claimed, noting the conspicuous absence of a number of prominent government-aligned MPs for the vote.

Hamid predicted that Maumoon Hameed’s name would be resubmitted to the newly-elected parliament as the Progressive Coalition secured a comfortable majority in the March 22 polls.

Tension has however arisen between the PPM and coalition partner JP over the post of speaker. While Gasim announced his intention to stand for the post, President Yameen said the speaker should be a member of the ruling party as it won the most number of seats in the 18th People’s Majlis.

The Progressive Coalition won a combined total of 53 seats in the March 22 parliamentary polls, well above the simple majority of 43 required to approve presidential nominees and pass legislation.

In his speech last night, President Yameen strongly criticised the outgoing parliament, reiterating the importance of parliament’s cooperation for implementing the government’s policies and carrying out infrastructure projects.

“I want a member of our party to become speaker of the People’s Majlis in this term. I don’t want a member of another party to hijack our party,” he said.

Speaking at the function, former President Gayoom also said that the PPM needed to ensure public backing for the government.

“The government needs the sincere support of the Maldivian people at this time. We can provide that support to the government by increasing the number of members in our party,” he said.

The PPM leader launched a recruitment drive to increase party membership earlier this month.

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Majority of criminal trials cancelled for third day

Majority of criminal trials have been cancelled for the third day over legal issues caused by an ongoing leadership vacuum at the independent Prosecutor General’s (PG) Office.

State prosecutors ended a weeklong strike on Tuesday and started attending trials following a Supreme Court ruling, but the majority of hearings were cancelled for the third day today as courts remain unclear on how to interpret the ruling.

The strike came in response to acting PG Hussein Shameem’s resignation and brought the criminal justice system to a halt.

Prosecutors said they were in a “legal void” and expressed concern over lack of accountability in the absence of a PG or deputy PG.

However, the Supreme Court’s ruling on Monday ordered prosecutors to resume work “without any further excuse” claiming there was no legal basis for them evading responsibilities handed over by the prosecutor general or his deputy.

Subsequently, the Criminal Court on Tuesday said it would only proceed with cases if prosecutors had a document signed by the leadership authorising them to represent the state in a specific case.

However, local media said the courts were in disarray with only some judges following the policy.

In response, Chief Justice Ahmed Faiz Hussein sent a letter to Criminal Court Judge Abdulla Mohamed stating that cases should proceed if prosecutors were authorised by the senior most official at the PG office to represent the state.

Faiz reminded the Criminal Court that its ruling said the criminal justice system must not come to a halt.

The Supreme Court in its ruling said the country was in a “state of necessity” where extra legal actions by the government could be deemed lawful.

However, critics have said the state of necessity argument could only be valid if either the executive and legislative branches were in a situation where they cannot carry out their constitutional duty and approve a new PG.

Former PG Ahmed Muizz resigned in November 2013 shortly before a vote of no confidence at the People’s Majlis.

The People’s Majlis rejected President Abdulla Yameen’s first choice – his nephew Maumoon Hameed – for the job in March.

Deputy PG Shameem headed the office for five months in the absence of a PG, but resigned on May 6 citing the Criminal Court’s “obstruction” of criminal justice.

In his resignation statement, Shameem highlighted the Criminal Court’s failure to prosecute foreigners involved in drug trafficking, delays in issuing rulings on drug related offenses, and “unreasonable obstacles” in filing cases at the court.

“These issues obstruct the proper functioning of the criminal justice system. I am deeply saddened to note the extreme delay on the part of those who have the power to address these issues,” he said.

Shameem called on the state to approve a new candidate immediately, but Yameen has said he will only submit a new nominee to the newly elected parliament, which is set to convene on May 28. The ruling coalition enjoys a healthy majority in the new Majlis.

The current Majlis is in recess, but Speaker Abdulla Shahid has said an extraordinary session could be scheduled on the request of one-third of sitting MPs.

Local media has today revealed that seven candidates have applied for the vacant PG’s position. The third call for applications were closed today at 3pm.

Former attorney general and President of the Bar Association Husnu Suood said the apex court’s ruling might allow the status quo to continue indefinitely.

“I am saddened the Supreme Court did not allocate a time period in which the president and parliament must appoint a new PG. The way to uphold the constitution, the real solution to this problem, is to appoint a new PG as soon as possible,” he said.

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Criminal cases in PG leadership absence unconstitutional, says Drug Court judge

Any trials of criminal cases in the absence of a prosecutor general (PG) and a deputy PG violates the constitution, Drug Court Judge Mahaz Ali has said.

Writing on his personal blog, Mahaz disagreed with the attorney general’s (AG) recent suggestion that the official in the senior most position at the PG office must take over the PG’s responsibilities.

AG Mohamed Anil claimed the country was in the midst of a “state of necessity” in the aftermath of acting PG Hussain Shameem’s resignation earlier this week.

The doctrine of necessity is the basis on which extra-legal actions by state actors, designed to restore order, are deemed constitutional.

Both the Maldivian Democratic Party (MDP) and the Maldives Bar Association have also spoken out against the government’s stance on the matter.

State of necessity

Mahaz wrote that the state of necessity argument was valid only if there was no legal solution, suggesting that there was no reason President Abdulla Yameen could not propose a name for approval by the People’s Majlis.

“A state of necessity is faced only when all legal avenues have been exhausted. In the current situation, the solution is to appoint a new prosecutor general. The current People’s Majlis is not in a situation where it cannot carry out its duties,” wrote the judge.

“The authority that must nominate a candidate [the President] is able to do so. Unless these two parties are in a state in which they cannot carry out their constitutional duties, a state of necessity will not be faced in the prosecutor general’s case.”

Although Shameem has called on the executive and People’s Majlis to approve a PG immediately, President Yameen said he will only submit a new nominee to the newly elected house – set to convene on May 28.

After a drawn out nomination process, Yameen’s previous choice for the role – his nephew, Maumoon Hameed – failed to gain the required number of votes in parliament last month. In contrast to the previous session, pro-government parties will enjoy a healthy majority in the 18th Majlis.

Judge Mahaz argued that the Supreme Court order on 6 February – which ordered criminal courts to accept cases filed by the PG’s Office – did not provide a solution, only mentioning how to act in absence of a PG. The Supreme Court order was prompted by the Criminal Court’s January decision to refuse new cases until a new appointment was made.

Mahaz also referred to previous case law regarding the Attorney General’s Office, noting that no superior court had deemed similar instances to be ‘situations of necessity’ requiring the next in line to take charge of the office.

In July 2010, the eight Civil Court judges unanimously decided they would not proceed with civil cases in the absence of an AG following then-AG Husnu Suood’s resignation.

Violation of independence

The Bar Association of the Maldives has also joined the debate, arguing that the AG’s advise was inconsistent with the Prosecutor General Act, and that Shameem’s resignation had created a leadership vacuum.

The resignation of the deputy PG while the position of PG was vacant had left the office with no official who could now assume its legal responsibilities, the association said, arguing state prosecutors cannot represent the PG in the courts in the current situation.

“Given that the prosecutor general’s position is an independent and impartial position, this office believes the government’s exertion of influence by ordering state prosecutors to attend courts is a violation of the office’s independence,” the association said in a statement.

Despite the Prosecutor General’s Act requiring the appointment of a new PG within 30 days of the position’s vacancy, Shameem has headed the office for over five month’s following the resignation of his predecessor Ahmed Muiz in November.

The Criminal Court was forced to cancel more than 100 cases last week as state prosecutors refused to attend hearings, doubting their current legal capacity to represent the PG’s Office.

The Hithadhoo Court in Addu City is conducting criminal trials, however, and is issuing verdicts in the absence of a state prosecutor. Court officials told local media on Thursday that they did not accept the justification of absence put forth by lawyers from the PG’s Office.

In his resignation statement, Deputy PG Shameem had said he was unable to fulfill his duties due to the Criminal Court’s failure to prosecute foreigners involved in drug trafficking, delays in issuing rulings on drug related offenses, and “unreasonable obstacles” in filing cases at the court.

The President’s Office put out a third call for names this week, claiming the previous number of applicants had been low during the second call. Shameem had expressed interest in the position both times, while local media has speculated that a third call will allow Hameed to resubmit his application.

The MDP has also commented on the current situation, accusing President Yameen of nepotism:

“In contravention to principles of good governance in democratic countries, it is evident is more for the president in this current state to appoint his nephew or other relatives to the position of Prosecutor General.”

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114 criminal hearings cancelled as state prosecutors refuse to attend court for third day

The Criminal Court has cancelled hearings in 114 criminal cases as state prosecutors refused to attend trials for a third day.

State prosecutors claim they are now “in a legal void” in the absence of a Prosecutor General (PG) or a deputy PG. Former PG Ahmed Muizz resigned in November shortly ahead of a no confidence motion at parliament, while Deputy PG Hussein Shameem resigned on Monday citing the Criminal Court’s “obstruction” of criminal justice.

Attorney General Mohamed Anil has said Assistant Prosecutor General Ahmed Hameed Fahmy must take over the responsibilities of the PG.

The leadership vacuum at the PG office “halts the criminal justice system and endangers public peace,” Anil said in a six page legal opinion sent to President Abdulla Yameen. The PG office must continue with its responsibilities in order to uphold the rule of law, he added.

Meanwhile, the Hithadhoo Court in Addu City is conducting criminal trials and issuing verdicts in the absence of a state prosecutor. Court officials told local media that the court did not accept the justification of absence put forth by PG office lawyers.

President Abdulla Yameen called Deputy Prosecutor General Hussein Shameem’s resignation “irresponsible” and said criminal cases must proceed at the courts.

Although Shameem has called on the executive and People’s Majlis to approve a PG immediately, Yameen said he would only submit a new nominee to the newly elected 18th parliament which is set to convene on May 28.

Yameen’s Progressive Party of the Maldives (PPM) holds a majority in the new parliament. The current Majlis, dominated by the Maldivian Democratic Party (MDP), had rejected Yameen’s nephew Maumoon Hameed for the position in March.

The President’s Office has put out a third call for applicants claiming the number of applicants had been low during the second call. Shameem had expressed interest in the position both times. Local media speculates a third call will allow Hameed to resubmit his application.

Chief Justice Ahmed Faiz Hussain said criminal cases can continue even with the leadership vacuum at the PG.

“The Constitution does not recognize the post of a Deputy Prosecutor General. What the Constitution accepts is a Prosecutor General. About four months have passed since we last had a Prosecutor General. That issue has been already reviewed. The situation has not changed,” Faiz said, referring to a Supreme Court order on February 18.

The order was issued in response to the Criminal Court’s refusal in January to proceed with all criminal trials in the absence of a PG, and refusal to begin new trials in February.

The Criminal Court released a statement today announcing that it will abide by the Supreme Court order and continue conducting cases.

In a resignation statement, Shameem said he was unable to fulfill his duties due to the Criminal Court’s failure to prosecute foreigners involved in drug trafficking, delays in issuing rulings on drug related offenses and “unreasonable obstacles” in filing cases at the court.

“These issues obstruct the proper functioning of the criminal justice system. I am deeply saddened to note the extreme delay on the part of those who have the power to address these issues,” he said.

PG Office Spokesperson Hussain Nashid was not responding to calls at the time of press.

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Ayyube murder suspect denies charges

Fauzan Mohamed, a suspect arrested in connection to the murder of 76 year-old Ali Hassan ‘Ayyube’ has denied the charges levied against him in the Criminal Court and has said he did not want the state to appoint him a lawyer.

According to online newspaper ‘Haveeru’, a hearing in to the case was yesterday held at the Criminal Court where the Judge repeatedly asked Fauzan if he wanted the state to appoint him a lawyer. But, he replied that he will continue the trial without a lawyer and said he will not need a lawyer at any point of the trial.

During yesterday’s hearing, the state presented four witnesses, a DNA report, Ayyube’s death certificate and a crime scene report.

Fauzan also presented two witnesses for his defense but he did not have the full name and permanent address of the two witnesses. The judge asked him to provide a written document including the full names and the permanent address of the witnesses.

Ayyube’s body was discovered with multiple stab wounds in an abandoned house on Kudahuvadhoo on January 8, 2013. Police arrested six individuals in connection to the case.

The victim had previously been accused of using sorcery on Fauzan’s 37 year-old mother. She was reported missing at 2:00am on December 4, 2011 and her body was found floating in Kudahuvadhoo lagoon later that morning.

Island Council President of Kudahuvadhoo Ibrahim Fikry at the time told Minivan News that the islanders were all frightened after Ayyube’s death.

“After the death of the woman the islanders were scared, and then this incident occurred and now the islanders are worse,” he said adding that no one walked the streets after the sun went down.

“The injuries sustained were horrific,” Fikry told Minivan News at the time. He said that the victim’s forehead was slashed and that his neck was slit. “There were deep stab wounds to the chest and back, revealing the bones. The intestines were visible from a slash to the stomach,” he recalled.

In March, 2013, two minors charged with Ayyube’s murder pleaded guilty to aiding the murder in court. The two minors were charged with spying on Ayyube before the murder, and assisting the assailants to hide the weapons they used to murder him.

The step-grandson of Hassan was also summoned to the Criminal Court for his involvement in the case.

He told the court that he believed Fauzan murdered Ayyube because he was rumored to have killed Fauzan’s mother.

If found guilty, Fauzan will be sentenced to death. The death penalty will be implemented if the Supreme Court upholds the sentence and if all of Ayyube’s heirs desire the death sentence.

Before the trial ends, the court will take statements from all heirs of the victim to determine if they had any objection to passing death sentence on Fauzan.

On April 27, 2014, Home Minister Umar Naseer has said that death penalty will be implemented in the Maldives from that day onwards with the publication of procedural regulations concerning death penalty and its implementation in the government gazette.

Maldives has been maintaining an unofficial moratorium on the death penalty since 1953. After 1953, the heads of state have always commuted death sentences to life imprisonment through powers vested in him in the Clemency Act.

The last person to be judicially executed in the Maldives was Hakim Didi, who was executed by firing squad in 1953 after being found guilty of conspiracy to murder using black magic.

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Stalled Ali Hameed cases “exposes state of Maldivian judiciary,” says MDP

The opposition Maldivian Democratic Party (MDP) has expressed “surprise and concern” with the revelation yesterday (May 4) that documents of a corruption case against Supreme Court Justice Ali Hameed were destroyed in a coffee spill at the Criminal Court.

An official from the Prosecutor General’s (PG) office told Minivan News that the Criminal Court requested resubmission of the case files three weeks ago, but has so far refused to present the allegedly damaged documents.

Justice Hameed is facing charges over the illegal transfer of credit from his state-funded mobile phone in 2010.

In a press release yesterday, the main opposition party stated that the lack of progress in cases involving Justice Hameed as well as “these incidents that occur when a case reaches court exposes quite well the state of the Maldivian judiciary.”

“As the documents of the corruption case raised by the state against Ali Hameed were destroyed after coffee was spilled on them, the party hopes that the Criminal Court will not decide that the charges cannot be proven for that reason,” the MDP’s press release stated in conclusion.

The Judicial Service Commission’s (JSC) regulations stipulate that action must be taken within 48 hours of a criminal case being filed against a judge. However, the judicial oversight body told local media last month that a decision would be made once the court decides to hear the case.

The Criminal Court’s media official told Minivan News on April 13 that the court had not decided whether or not to accept the case.

Cases filed by the PG office are scrutinised in the order of submission “to make sure all the paperwork is complete and that there are no missing documents,” he said. The process normally takes “two to three days,” he added.

The case against Justice Hameed – accused of abuse of authority to benefit a third party – was sent to the PG office in July 2013 by the Anti-Corruption Commission after investigating allegations in the 2010 audit report of the Department of Judicial Administration.

Auditors found that a Supreme Court Justice transferred MVR2,223 (US$144) from his state-funded mobile phone on different occasions during 2010.

Sex tapes

Justice Hameed is also the subject of investigations by both the police and the JSC over his alleged appearance in a series of sex tapes that emerged in May 2013.

A further video showed Hameed and a local businessman, Mohamed Saeed, discussing political influence in the judiciary.

After the secretly taped videos of Hameed engaging in sexual relations with three prostitutes in a Sri Lankan hotel room surfaced online, the JSC set up committees to investigate the case twice – in May and December 2013.

Both subcommittees unanimously recommended the JSC suspend Hameed pending an investigation.

However, in July 2013, the JSC disregarded the recommendation citing lack of evidence, while a JSC decision on the December subcommittee’s recommendation is still pending.

The MDP meanwhile stated that disgraced judges accused of corruption or blackmail should be suspended pending the outcome of a trial, noting that the practice was “regrettably” alien to the Maldivian judiciary.

Justice Hameed’s continued presence on the Supreme Court bench violated international best practices and judicial norms, the party contended.

Other cases

Meanwhile, the 2010 audit also discovered that MVR13,200 (US$856) was spent out of the apex court’s budget to repair a state-owned car used by an unnamed Supreme Court Justice, later revealed in the media to be Justice Hameed.

According to the police report cited by auditors, the driver of the justice’s car was responsible for the accident, which occurred on January 23, 2011.

However, the official driver insisted the car was undamaged when he parked and left it the previous night.

Despite the findings of the audit report, in March 2011 the Supreme Court dismissed allegations of corruption reported in local media regarding phone allowances and use of court funds to repair Justice Hameed’s car.

Moreover, in September 2011, the ACC began investigating allegations that over MVR50,000 (US$3,200) of state funds was spent on plane tickets for Justice Hameed’s official visit to China in December 2010.

The complainant alleged that Hameed also visited Sri Lanka and Malaysia both before and after his trip to China to attend a conference by the International Council of Jurists.

A return ticket on a direct flight from Malé to Beijing at time cost MVR16,686 (US$1,080).

Furthermore, in May 2012, the ACC revealed that Justice Hameed was among three sitting judges illegally occupying state-owned apartments.

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