Tag: criminal court

Justice Ali Hameed’s ‘corruption’ documents destroyed in coffee spill

The Criminal Court has asked the Prosecutor General’s Office (PG) to resend all files concerning Supreme Court Justice Ali Hameed’s alleged misuse of state funds after case documents were destroyed in a coffee spill.

The PG has asked the Criminal Court to present the damaged documents three weeks ago, but the court has not done so yet, an official from the PGO told Minivan News.

The state is raising corruption charges against Ali Hameed over the illegal transfer of credit from his state-funded mobile phone in 2010.

An official from the Criminal Court told Minivan News on April 13 that the court had not decided to accept the case or not.

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 (ACC) 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.

According to the audit report, the interim Supreme Court bench on October 23, 2008 decided to provide for each justice “a post-paid line, a phone and to pay the phone bill without a set limit out of the court’s budget”.

The report also noted that between October 2008 and December 2011, Supreme Court judges paid their phone bills amounting to MVR 281,519 (US$18,257) from the state budget, despite the fact that parliament had not allocated any phone allowances to the judges. Additionally, MVR 117, 832 (US$7640) was found to have been overspent on wages and allowances to the driver of a judge’s car.

The judge is also currently subject to investigation over his alleged appearance in multiple leaked sex videos depicting him fornicating with foreign women in what appears to be a Colombo hotel room.

A further video also appears to show Hameed and a local businessman, Mohamed Saeed, discussing political influence in the judiciary.

Justice Hameed in the video reveals his political ‘hook-up’ with President Abdulla Yameen, claiming that he was one of Yameen’s “back-ups” and that his stand was “to do things the way Yameen wants”, promising to “kill off” Dhivehi Rayithunge Party (DRP) leader Ahmed Thasmeen Ali “if it comes into my hands.”

Even [Speaker of Parliament] Abdulla Shahid will know very well that my stand is to do things the way Yameen wants. That the fall of this government was brought with our participation,” he adds.

However, he also claims that he was a person who “even Yameen cannot play with” and that over time he had “shown Yameen” who he is.

After the sex tapes of Hameed surfaced in May 2013, the judicial oversight body, Judicial Services Commission (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.

Likes(0)Dislikes(0)

Criminal Court refusing to accept serious cases, Deputy PG tells MPs

Deputy Prosecutor General (PG) Hussain Shameem has told MPs on parliament’s independent institutions committee that serious cases are pending at the PG office due to Criminal Court’s procedure on accepting cases.

Serious cases of corruption, drugs and child sex abuse had not reached trial because the Criminal Court was refusing to accept the cases, he said.

The court was informing the PG office that cases should be filed at the magistrate court on the home island of the accused, Shameem explained, noting that magistrate courts could not hear drug cases and that in most cases the suspect was residing in the capital.

The Criminal Court in December last year suspended all ongoing cases and decided not to accept new cases filed by the PG office, claiming the court cannot proceed with trials in the absence of a PG.

In February this year, the Criminal Court started accepting new cases after the Supreme Court issued a second ruling ordering the court to uphold the rule of law.

Likes(0)Dislikes(0)

Former President Nasheed asks High Court to expedite case concerning Hulhumale’ magistrate court bench

Former President Mohamed Nasheed has asked the High Court to expedite the case filed by his legal team challenging the legitimacy of Hulhumale’ magistrate court’s bench.

Speaking to Minivan News today, former Human Resource Minister Hassan Latheef – a member of Nasheed’s legal team – said that the case has remained stalled at the High Court for over a year now.

“We filed the case at the High Court after we noticed that there were many issues regarding how the Judicial Service Commission (JSC) has composed the bench,” Latheef explained.

“For one thing, the JSC does not have to bring selected judges from throughout the country and compose a bench to conduct the trial of a specific individual, that is not the normal procedure.”

The original case filed at the Hulhumale’ court – concerning the military’s controversial detention of Criminal Chief Judge Abdulla Mohamed in January 2012 – needed to be concluded soon because former President Nasheed did not wish to have pending criminal charges, Latheef said.

“But the case at the Hulhumale’ Court can only be continued when the High Court concludes this case we have filed at the High Court,” he noted.

“’When we filed the case at the High Court, on April 1, 2013 the court issued an injunction ordering Hulhumale’ court to halt the trial against Nasheed until the court concluded the case we have filed.”

The case filed by Nasheed’s legal team challenging the legality of the magistrate court bench was stalled after the JSC suspended the former High Court Chief Judge – who was presiding over the case – pending an investigation over a disciplinary matter.

During the hearings held at the High Court, the JSC contended that the High Court did not have jurisdiction to rule on the case as the panel of judges presiding over Nasheed’s trial was appointed based on counsel from the Supreme Court

Nasheed said at the time that he was  “prepared” to justify the reasons for the arrest of Judge Abdulla, and said he was ready to appear in court to defend the decision.

Nasheed also dismissed accusations of the High Court, the Supreme Court and the prosecutor general that he had ordered the military to arrest Judge Abdulla unlawfully.

“I did nothing unlawful during my tenure,” he insisted.

Nasheed also urged the public to attend the trial and witness proceedings, alleging that the case was politically motivated.

Judge Abdulla’s arrest sparked three weeks of anti-government protests in January, leading the Nasheed administration to appeal for international assistance from the Commonwealth and UN to reform the judiciary.

Likes(0)Dislikes(0)

Home Minister Umar Naseer pleads not guilty to charges at Criminal Court

Home Minister Umar Naseer denied charges of ‘disobedience to an order’ at the first hearing of his trial at the Criminal Court today.

Judge Abdulla Didi told Naseer’s lawyer to respond to the charges at the next trial date, according to local media.

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.

The case against Naseer was submitted to the Criminal Court by the Prosecutor General’s office in December 2012 after police concluded their investigation.

The 22 consecutive nights of protests by the then-opposition in January 2012 culminated in the resignation of President Mohamed Nasheed on February 7 in the wake of a violent mutiny by riot police officers.

Speaking at a Progressive Party of Maldives rally days after the controversial transfer of presidential power, Naseer claimed he had warned the president’s closest aides that Nasheed could “lose his life” if he did not comply with the ultimatum to resign.

Naseer said he told the president that he could “either surrender with bloodshed or surrender peacefully”.

Naseer also told Australia’s SBS Dateline programme that he was organising the protests from a “command centre” and that he feared for Nasheed’s life.

In January 2013, Naseer said the ousting of the Maldivian Democratic Party government was the result of “planning, propaganda and a lot of work.”

Likes(0)Dislikes(0)

All women arrested at Anbaraa island festival transferred to house arrest

Yesterday evening, police transferred all the women taken into custody at the Anbaraa music festival to house arrest.

Nineteen women were amongst the 79 people arrested on suspicion of being under the influence, and in possession of, illegal drugs on Friday (April 18).

An official from the Home Ministry told online newspaper CNM that the women were transferred to house arrest due to a lack of space in detention centres and difficulties in catering for them.

He told the paper that they were all transferred under the authority held by the home minister. He further noted that the court warrant to extend their detention period stated that they should be detained in a place determined by the Home Ministry.

Meanwhile former President and acting president of Maldivian Democratic Party (MDP) Mohamed Nasheed told press yesterday that, while the police told the court everyone arrested had tested positive to illegal drugs, he had information that they had not all been tested when they were summoned to the Criminal Court to have their detention extended on Saturday (April 19) .

Nasheed said that the only situation where police should raid any place in the manner they did, is when their lives were at risk or if the police believed they might be attacked when trying to arrest a person.

The opposition leader said that he did not understand the reason why police had to raid an island firing rubber bullets and shouting when its inhabitants were a group of young people entertaining themselves.

Nasheed also alleged that, after raiding the island, police officers handcuffed all the young people and went fishing.

He repeated the allegations he previously made against Tourism Minister and Progressive Party of Maldives (PPM) Deputy Leader Ahmed Adheeb and said that he was one of the event organisers.

Nasheed suggested a cross-cabinet plan in which it is one minister’s duty was to gather all the young people to one place while the other minister’s duty could be arresting all of them at once.

The PPM have described Nasheed’s comments as an “uncivilised” attempt to sabotage the implementation of its youth manifesto as well as the other youth development efforts of the government.

The Maldives Police Service yesterday denied allegations by the opposition MDP that constitutional rights and procedures were violated in the arrest made in Anbaraa.

The MDP’s rights committee has contended that procedures specified in the constitution for arrest or detention – such as informing suspects of the reasons in writing within 24 hours, providing access to legal counsel, and presenting suspects before a judge within 24 hours for a remand hearing – were breached by the police.

Moreover, the committee alleged that police did not act in accordance with regulations governing the exercise of law enforcement powers concerning arrest and detention.

Last weekend police searched 198 persons and arrested 79, including one minor, during a music festival on Anbaraa island in Vaavu atoll.

Home Minister Umar Naseer the following day in a tweet said that law will be enforced without any exemptions, writing that “anybody can party but no drugs on the menu.’’

Likes(0)Dislikes(0)

Defense witnesses tell court murder suspect was playing video games when incident occurred

Three defense witnesses of Muhujath Abdul Naasih who was arrested in connection with the death of 21-year-old Abdul Muheeth ‘Bobby’ of Galolhu Veyru have told the court that Naasih was with them playing video games when the incident occurred.

Local media present at the Criminal Court today reported that the three witnesses said Naasih was with them playing video games from 10pm to 2am the night Muheeth was murdered.

The witnesses said that at 2am they went to Petral Hotel where they met another friend before going for a ride around Malé.

They told the court that while they were riding on two motorbikes they clashed into each other, claiming that that was how Naasih got the bruise on his leg which police had claimed was obtained during the attack on Muheeth.

According to the witnesses they took Naasih to ADK hospital and after treating the injury they all went home.

Haveeru has previously reported that police had said phone call recordings revealed that Naasih’s leg was injured by another minor was involved in the murder case who had been carrying a sharp weapon that night.

Before concluding today’s hearing the presiding judge announced that the next hearing would be held on May 6.

On February 19, 2012, Muheeth was rushed to Indira Gandhi Memorial Hospital after being stabbed at 1:45am near the Finance Ministry building. He later died during treatment.

In May 2013, the Juvenile Court issued the death sentence to two 18 year-olds found guilty of the murder.

A total of three minors were charged in the case, with one later acquitted. The two sentenced to death are both 18 years-old, although both were minors at the time of the murder,

At the time of Muheeth’s death Police Inspector Abdulla Satheeh told the press that the investigation showed that the victim had no involvement in gang-related crimes, had no police record, and was working in a responsible job at the time.

The three main suspects were identified at the time as Muhujath Ahmed Naasih of Abulagee Ge on Gahdhoo in Gaaf Dhaal Atoll, Mohamed Maimoon of Zaithoonige, on Naifaru of Lhaviyani Atoll and Ali Mushahfau of Sultan Villa on Maradhoo in Seenu Atoll.

Bobby’s murder prompted a public outpouring of grief, with the ‘Justice for Bobby’ Facebook page receiving over 16,000 members, and a ten-minute silence observed at the scene of the murder.

Likes(0)Dislikes(0)

Lawyer of Shifan murder suspect says witness statements contradictory

The lawyer of Abdulla Thimeez – charged with the murder of Ali Shifan – has argued in court that the witness statements given to the Criminal Court were inconsistent with on another.

According to local media present at the High Court today, Thilmeez’s lawyer Shaheem Ahmed said that two witnesses reported seeing Thlimeez near West Park restaurant, where Shifan was murdered, while the others have said they did not see Thilmeez at the murder scene.

Lawyer Shaheem said that, as the witnesses were inconsistent, some must have been lying, also noting that murder cases can be proven only if there is enough evidence to rule a person guilty without doubt.

Shifan was attacked around on April 1, 2012, outside the West Park restaurant on Boduthakurufaanu Magu – the outer ring road of Male’.

He was stabbed multiple times in the back and arms by a group of men on motorbikes as he stepped out of the restaurant to meet a friend, police reported.

In March, 2013, the Criminal Court ruled that all six suspects arrested in connection with the stabbing murder of Ali Shifan are innocent and ordered their release.

The judge ruled that there was not enough evidence to convict, reported local media, despite the DNA of the victim being found under the fingernail of one of the suspects.

Although the state had produced five witnesses to the court, their statements to police were contradictory said the judge at the time.

Likes(0)Dislikes(0)

Suspected drug lord reported to have fled country following police error

A suspected drug lord had been freed after the police failed to summon him to the court on time, with local media reporting that the individual has now left the country for Sri Lanka.

According to Haveeru, the police have told the paper that the suspect was released in compliance with a decision made by the court.

The paper noted that when he was brought before the judge to extend his pre-trial detention period, the duration of his previous detention had already expired.

Maldivian laws oblige the police to bring all persons arrested in connection with criminal offenses before a court of law within 24 hours of arrest. If the police wish to further extend a detention period they must request an extension before the previous warrant expires.

Haveeru reported that police had tried to obtain a new arrest warrant to take him back into police custody but the court had refused, saying that the suspect had to be freed due of police negligence.

The paper stated that, when the police summoned him to the court, seven minutes had elapsed since the expiry of his previous pre-trial detention period.

It was reported that the suspected drug lord was arrested last December with large amounts of cash and illegal drugs inside his house.

In February, Ibrahim Shafaz Abdul Razzaq – sentenced to 18 years in prison last November after being found guilty of drug trafficking – departed to Sri Lanka for medical treatment.

The Maldives Correctional Services was not informed of a date for the inmate’s return and he was not accompanied by a correctional officer, local media reported.

Following the incident, the Anti-Corruption Commission has confiscated the passport of an expatriate doctor who signed the medical report recommending that Shafaz be sent abroad for treatment.

Commissioner of Prisons Moosa Azim has previously told Minivan News that all due procedures had been followed in allowing Shafaz to leave to get medical treatment.

“A medical officer does not have to accompany the inmate. He was allowed to leave under an agreement with his family. Family members will be held accountable for his actions, including failure to return,” Azim told Minivan News at the time.

In a similar incident in 2011, the Criminal Court released the suspected murderer of a 17-year-old boy, citing a lack of cooperation from the Health Ministry.

Keeping someone in detention for six months for not getting a response from the health ministry was “too much’’, said the judge at the time. The suspect was subsequently released before being rearrested just weeks later in connection with the murder of a 21 year-old man.

Likes(0)Dislikes(0)

PG office presses corruption charges against Supreme Court Justice Ali Hameed

The Prosecutor General’s (PG) office has pressed corruption charges against Supreme Court Justice Ali Hameed Mohamed over the illegal transfer of credit from his state-funded mobile phone in 2010.

A media official from the Criminal Court told Minivan News today that the court has yet to make a decision on hearing 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 explained.

The process normally takes “two to three days,” the media official said.

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 (ACC) 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.

According to the audit report, the interim Supreme Court bench on October 23, 2008 decided to provide for each justice “a post-paid line, a phone and to pay the phone bill without a set limit out of the court’s budget”.

“From October 2008 to December 2011, a total of MVR281,519.71 (US$18,256) was spent on phone bills,” the report stated.

Charge sheet

The Bar Association of Maldives last week called for the suspension of Justice Hameed pending an investigation into his alleged appearance in a series of sex tapes that emerged online last year.

After the sex tapes of Hameed engaging in sexual relations with three prostitutes in a Sri Lankan hotel room surfaced in May 2013, the judicial oversight body, Judicial Services Commission (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.

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.

The commission contended that a decision by parliament’s finance committee to allow the judges to purchase the flats in Sina-Male’ contravened the Judges Act and the constitution.

The ACC explained that it investigated a complaint alleging three senior judges were occupying state-owned apartments while simultaneously receiving living allowances.

The flats were leased during President Maumoon Abdul Gayoom’s administration by the former Justice Ministry and High Court under terms that would see the now-defunct ministry and High Court gain ownership upon completion of full payment

The three judges had reportedly been paying rent for the flats in the government-owned Sina-Malé apartment blocks when the committee decided to grant them ownership upon completion of full payment.

The ACC found that the Finance Committee’s decision to register the flats to the judges was in violation of article 102 of the constitution and article 38 of the Judges Act as well as section 100(a)(11) of the parliamentary rules of procedure.

Article 39(b) of the Judges Act states that judges in the same court shall be given the same amount as living allowances and prohibits “different kinds of living allowance or benefits for different judges.”

Likes(0)Dislikes(0)