Tag: criminal court

High Court upholds dismissal of corruption charges against deputy speaker of parliament

The High Court last Thursday upheld the Criminal Court’s dismissal of corruption charges against Deputy Speaker of Parliament Ahmed Nazim.

The ruling Progressive Party of Maldives MP was charged with four counts of corruption in late 2009 for allegedly conspiring to defraud the former Ministry of Atolls Development.

Shortly after the controversial transfer of presidential power in February 2012, the Criminal Court ruled that there was insufficient evidence implicating the MP in the alleged scam.

The Prosecutor General’s office appealed the decisions later that year at the High Court on the grounds that the Criminal Court refused to accept state witnesses.

The court of appeal ruled last week that the prosecution was unable to prove that Nazim’s employees signed bogus bid proposals on his instructions.

Moreover, the High Court referred to a Supreme Court precedent which established that accomplices to a crime could not testify for or against an alleged partner to the crime.

The scam – first flagged in an audit report released in early 2009 – involved paper companies allegedly set up by Nazim to win bids for projects worth several hundred thousands dollars, including the fraudulent purchase of harbour lights, national flags, and mosque sound systems.

At a press conference in August 2009, police exhibited numerous quotations, agreements, tender documents, receipts, bank statements, and forged cheques showing that Nazim received over US$400,000 in the scam.

A hard disk seized during a raid of Nazim’s office in May 2009 allegedly contained copies of forged documents and bogus letterheads.

Police alleged that money was channelled through the scam to Nazim who laundered cash through Namira Engineering – of which Nazim was the managing director – and unregistered companies.

Paper companies were allegedly formed using Namira’s equipment and staff to bid for public tenders announced by the now-defunct ministry.

According to the audit report,  evidence was uncovered linking those companies to Nazim with phone and fax numbers stated on the bidding documents registered under his address while the company shareholders were either working at Namira or relatives of Nazim.

Then-employees of Namira testified under oath that they were instructed by Nazim to bid for the projects – however, the Criminal Court judge concluded from their testimonies that they were responsible for the procurement fraud and dismissed their testimonies.

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Criminal Court accepts cases from PG after second Supreme Court order

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The Criminal Court has today started to accept new cases submitted by the Prosecutor General’s (PG) office after the Supreme Court issued a second ruling ordering the court to uphold the rule of law.

“It is essential that the criminal justice system proceeds as it has done to uphold the rule of law as per the constitution. Hence, we order the Criminal Court to continue trials in ongoing cases, to continue to rule on essential issues such as pre-trial detentions within the criminal justice system as before, and to accept cases submitted by the Prosecutor General’s Office,” the Supreme Court order read.

The Criminal Court in December 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.

Former PG Ahmed Muizz resigned from his post in November shortly before the parliament was due to vote on a no confidence motion.

The Supreme Court on deputy PG Hussein Shameem’s request ordered the Criminal Court to restart trials. The court began hearings in ongoing cases, but refused to accept new cases.

The lower court argued that the order had stated cases must be accepted as per regulations – which it suggested could be breached by beginning trials in the absence of a new PG.

With the new order, the Criminal Court subsequently accepted 20 new cases today.

Shameem has said the backlog of cases pending at the PG office has now reached 533 with the Criminal Court’s recent stance. This figure includes 196 cases of suspects in pre-trial detention.

Speaking to Minivan News today, Shameem said it would now take over a month to clear the backlog.

“We will together work with the Criminal Court and hope for greater cooperation in the future,” he said.

The Human Rights Commission of Maldives on Monday called on the People’s Majlis to expedite the appointment of a new PG, stating the delay violates the citizen’s right to justice.

In December, President Abdulla Yameen nominated his nephew Maumoon Hameed for the position. Parliament broke for recess at the end of the year, however, after having forwarded the nominee for vetting by the independent institutions committee.

The Supreme Court is at present holding trial over the Elections Commission (EC) claiming the commission has disobeyed the court’s orders by dissolving political parties.

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New court regulations introduced to speed up justice system

New court regulations will require the Prosecutor General (PG) to press charges against suspects arrested in serious crimes within 45 days of their arrest.

The regulation states that suspects arrested in other cases should be charged within 30 days, as well as giving instruction on how to proceed if the PG fails to press charges against a suspect in the given duration.

Furthermore, the new regulation determines different times of the day that police will be able to request a court warrant, as well as the times at which they will be issued.

According to the regulation, if any other institution needs a court warrant to conduct a criminal investigation, it has to request for the warrant through police.

The PG’s Office will not be able to resubmit a criminal case after withdrawing it, unless it informs the court that the case is being withdrawn for revisions. Cases withdrawn for other purposes cannot be resubmitted.

Earlier this month, the High Court ruled that the lower court could not revisit a police obstruction case involving two MPs, as the PG’s Office had earlier withdrawn the case for reasons that were not clearly understood by all parties.

The regulation obliges the PG to resubmit any case withdrawn for revisions within 30 days of the withdrawal.

The Criminal Court said that a meeting had been held with officials from the police, the Prosecutor General’s Office, and lawyers to launch the new regulation.

On December 10, 2013, the police launched a 100 day roadmap based on four main strategies which sought to increase and enhance operational activities, conduct activities to curb crime, enhance and hasten investigations, and to improve the police institution.

The roadmap set a target of  80 percent of the investigations filed with police to be completed and fowarded onto the Prosecutor General’s (PG) office of a more efficient service.

Police also pledged to conclude their investigations into crimes – other than those of a serious or organised nature-  in 30 days, to conclude testing of suspicious drugs within three days, and to conduct three special operations to curb the illegal businesses of drug and alcohol.

On December 2, 2013, the police and PG’s Office started working together in the investigation process in order to speed up investigations, with the of concluding investigations and submitting them to the court within 48 hours.

The new regulations come as the PG’s Office tackles a backlog of over 500 cases after the Criminal Court’s refusal to accept new work without the appointment of a new prosecutor general. The Deputy PG has said the build up of cases will take a month to clear.

Meanwhile, both the Criminal and Civil Courts have been forced to curtail overtime hours due to budget restrictions. Staff refusing unpaid overtime have been suspended.

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Human Rights Commission concerned over delay in PG appointment

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The Human Rights Commission of the Maldives (HRCM) has called on the People’s Majlis to expedite the appointment of a Prosecutor General (PG) stating the delay violates citizens right to justice.

The commission has said the delay in appointing a PG affects a citizen’s right to seek justice, especially criminal justice, and has called on all three branches of the state to uphold the Constitution.

Former PG Ahmed Muizz resigned from his post in November shortly before the parliament was due to vote on a no-confidence motion against him.

A month later, the Criminal Court suspended all ongoing cases and decided not to accept cases filed by the PG’s Office, claiming that the constitution stipulates a new PG must be appointed within 30 days of vacancy.

The Supreme Court ordered the Criminal Court to restart trials, but the court has refused to accept new cases, only resuming those already started. Deputy PG Hussein Shameem then sought a second Supreme Court order, with the Criminal Court again refusing to cooperate.

The lower court has argued that the order stated that cases must be accepted as per regulations – which it suggests would be breached by beginning trials in the absence of a new PG.

Shameem has responded to the court’s claims by pointing out that it had failed to specify which regulations the PG’s Office has violated.

“There is no such regulation. I have not seen a regulation that says so,” he told Minivan News.

He has argued that the Majlis’ delay in appointing a PG must not obstruct a citizen’s right to seek justice.

The backlog of cases pending at the PG office as a result of the Criminal Court’s refusal to accept cases has now reached 533, Shaheem has revealed – this figure includes 196 cases of suspects in pre-trial detention.

In December, President Abdulla Yameen nominated his nephew Maumoon Hameed for the position. Parliament broke for recess at the end of the year, however, after having forwarded the nominee for vetting by the independent institutions committee.

The committee’s chair, MP Ahmed Sameer – who recently defected from the opposition Maldivian Democratic Party (MDP) to the government-aligned Jumhooree Party – told newspaper Haveeru shortly after the Supreme Court issued its order that the vetting process was stalled due to lack of cooperation from political parties.

While one committee meeting, scheduled to take place during the ongoing recess to interview the nominee, was canceled upon request by pro-government MPs, Sameer said a second attempt to meet was unsuccessful as MDP MPs had opposed it.

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Convicted murderer retracts confession in High Court

Ahmed Murrath – the man sentenced to death by the Criminal Court after being found guilty of murdering a prominent lawyer in 2012 – has today retracted his confession given.

Newspaper Haveeru has reported that Murrath’s lawyer Abdul Hakeem Rashadh told the High Court his client’s hands were handcuffed behind his back when he made the confession and therefore it could not be considered a confession made without coercion.

Rashadh also told the court that Murrath did not willfully commit the murder because he was under the influence of illegal drugs, and also that his client had the opportunity to deny the confession as no witness had seen him committing the murder.

Haveeru reported that Murrath spoke inside the court today, telling judges that when he was in pretrial detention police had refused him access to a doctor.

Murrath acknowledged he is a drug addict and that he had experienced a pain in his body, in response to which police officers at the detention centre had given him a plastic bag containing tea.

Furthermore, it was reported that the Prosecutor General’s Office told the court there were two contradicting statements provided by Murrath, inquiring as to which one should respond.

The court told the PG’s lawyer to prepare his response at the next hearing, asking both parties to make it the final hearing.

Murrath’s girlfriend, Fathimath Hana of Rihab house in Shaviyani Goidhoo island, was also sentenced to life in the case after she confessed to “helping” her boyfriend kill Ahmed Najeeb.

The 65 year-old lawyer’s body was found stuffed inside a dustbin at Masroora house – Murrath’s residence – badly beaten with multiple stab wounds.

Speaking at the Criminal Court during the 2012 trial, Murrath’s girlfriend said that her boyfriend killed Najeeb after he became “sure” the lawyer had attempted to sexually assault her. She admitted to tying Najeeb’s hand, legs, and taped his mouth while Murrath threatened him with a knife.

“We thought he must have a lot of money as he is a lawyer,” she told the court, after declining representation from a lawyer.

Najeeb’s cash card was taken from him and the pair had used it to withdraw money.

According to Hanaa, she did not know that the victim had been killed until Murrath woke her up and told her at around 4:00am. At the time Hanaa said she was sleeping – intoxicated from drinking alcohol.

Murrath corroborated this course of events in his statement, saying that she was asleep when he killed the lawyer. He confessed to killing Najeeb out of anger and apologised to the family members.

On February 9, the cabinet advised President Abdulla Yameen that there was no legal obstruction to implementing death sentences, after the Home Minister Umar Naseer had ordered an end to the 60 year moratorium on executions.

The order closely followed the conclusion of the Dr Afrasheem Ali murder trial, in which Hussein Humam was sentenced to death. Similarly, Humam also claimed that his confession – currently being used as key evidence against his alleged accomplice – was given under duress.

Naseer stated that the order is applicable to all pending sentences, of which there are approximately 20.

In December 2012, the then-Attorney General Azima Shukoor drafted a bill outlining how the death sentence should be executed in the Maldives, with lethal injection being identified as the state’s preferred method of capital punishment.

The last person to be 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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Criminal Court staff file complaint over ‘unlawful suspension’

Criminal Court staff suspended following a refusal to work overtime without pay have asked the Department of Judicial Administration to review the court’s ‘unlawful’ decision.

Eleven staff members at the Criminal Court refused to work overtime on February 10 and were suspended on February 13.

The Criminal Court has subsequently decided to close offices after official work hours due to budget restrictions.

The court at the time told the press that it had no funds to pay overtime allowances for employees, and that the Ministry of Finance had not responded regarding the matter. The Civil Court has taken the same measures owing to lack of funds.

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Criminal Court concludes hearings in to Jadhulla Jameel’s case

The Criminal Court has concluded the hearings in to the manager of J Alidhoo resort Jadhulla Jameel in a case where he was charged with refusing to provide a urine sample to police.

On November 16, Jadhulla was arrested while he was in Hondaidhoo island, an uninhabited island owned by Maldivian Democratic Party (MDP) MP Abdulla Jabir.

Along with Jadhulla, MDP MPs Jabir, Hamid Abdul Ghafoor and senior figures of MDP were arrested that day. Police officers discovered alcohol and hash oil during the raid.

Newspaper Sun Online reported that the last hearing of the case was held at the Criminal Court today, where the Prosecutor General’s Office and Jadhulla’s defense was given the opportunity to provide concluding statements.

According to Sun, the PG’s lawyers today told the court that the witnesses and evidence produced by the state show that Jadhulla refused to provide his urine sample for testing.

The state lawyers also responded to claims made by Jadhulla that the police did not show him the official document required when requesting such a sample, arguing that when police tried to show him the document he had responded by telling officers he did not want to look at anything they had to show him.

Jadhulla’s defense lawyers told the court that there were contradictions in the witness statements.

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Police ask for public assistance in locating three men

The police have asked the public for assistance in locating three men whose whereabouts are unknown.

In a statement, the police said the Criminal Court had ordered the police to arrest and summon them to the court after they had failed to show up to court hearings.

Police identified the three men as Ibrahim Samiu, 44 of Maajehige in Maradhoo, Seenu Atoll, Ahmed Riyah, 28 of Hulhudhoo in Seenu Atoll and Ahmed Nasir, 27 of Sinama Villa in Miladhoo Island, Noonu Atoll.

Police said they were charged with three separate cases.

Ibrahim Samiu was charged for possessing and using illegal drugs, Ahmed Riyah was charged for trafficking diamorphine and Ahmed Nasir was charged for possessing illegal drugs for the purpose of trading it, police said.

Police have appealed to the public to contact police hotline 3322111 or police custodial department at 9991442 if they have any information regarding the mens’ whereabouts.

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Government will not seek to speed up Nasheed’s trial, says President Yameen

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President Abdulla Yameen has said that the current government will not try to push the courts to speed up the trial of former President Mohamed Nasheed, who was charged for “unlawful arrest of Criminal Court Chief Judge Abdulla Mohamed’’.

Local media did report, however, that Yameen noted the opposition leader must be sentenced if there is rule of law in the country.

Speaking at a ceremony held to open the campaign office of the Progressive Party of Maldives’ Majlis candidate for the Maafannu-West constituency, Yameen noted that there were things the government could to expedite proceedings, but said that the government did not wish to enter the criminal justice procedure.

Yameen also said that international groups had no concerns over this issue or any other other issues such as the delay in appointment of a new prosecutor general (PG) – which has led to a backlog of over 500 cases.

A UN report on the independence of judges last year did make mention of the Nasheed case, noting that it was “difficult to understand why one former President is being tried for an act he took outside of his prerogative, while another [Maumoon Abdul Gayoom] has not had to answer for any of the alleged human rights violations documented over the years.”

In July 2012, Nasheed and Former Defense Minister Tholhath Ibrahim were charged with violating Article 81 of the penal code, which states that the detention of a government employee who has not been found guilty of a crime is illegal.

If found guilty, Nasheed and Tholhath will face a jail sentence or banishment of three years or a fine of MVR3000 (US$193.5).

The case was first filed at the Hulhumalé Magistrate Court before Nasheed’s legal team argued that it did not have jurisdiction to preside over the case, filing a procedural issue at the High Court.

The Judicial Services Commission (JSC) appointed a three member panel consisting of judges Shujau Usman, Abdul Nasir Abdul Raheem, and Hussain Mazeed to hear Nasheed’s procedural issue.

Before the court reached a conclusion on the issue, however, the  JSC suspended Chief Judge in the High Court bench Ahmed Shareef before changing Judge Mazeed and Judge Usman to the Civil Court.

Since this time, no hearings of the case have been conducted or scheduled.

Abdulla Mohamed’s arrest

Abdulla Mohamed was a central figure in the downfall of the former president. He was detained by the military in January 2012 after the government accused him of political bias, obstructing police, stalling cases, having links with organised crime.

The home minister at the time described the judge as “taking the entire criminal justice system in his fist” to protect key figures of the former dictatorship from human rights and corruption cases.

The chief judge was detained after he had opened the court outside normal hours to order the immediate release of the current Vice President Dr Mohamed Jameel Ahmed, arrested after the President’s Office requested an investigation into “slanderous” allegations that the administration was working under the influence of “Jews and Christian priests” to weaken Islam in the Maldives.

Prosecutor general (PG) at that time – the recently resigned Ahmed Muizz – joined the High Court and Supreme Court in condemning the MNDF’s role in the arrest, requesting that the judge be released.

The police are required to go through the PG’s Office to obtain an arrest warrant from the High Court, Muizz said, claiming that the MNDF and Nasheed’s administration “haven’t followed the procedures, and the authorities are in breach of law. They could be charged with contempt of the courts.”

Muizz subsequently ordered the Human Rights Commission of the Maldives (HRCM) to investigate the matter.

Judge Abdulla’s arrest sparked three weeks of anti-government protests, while the government appealed for assistance from the Commonwealth and UN with reform of the judiciary.

As protests escalated, elements of the police and military mutinied on February 7, alleging that Nasheed’s orders to arrest the judge had been unlawful. A Commonwealth legal delegation had landed in the capital only days earlier.

Nasheed publicly resigned the same day, later saying he had been as forced to do so “under duress” in a coup d’état. A Commonwealth led investigation would later rule the transfer to have been legal.

Judge Abdulla was released on the evening of February 7, and the Criminal Court swiftly issued a warrant for Nasheed’s arrest. Police did not act on the warrant, however, after mounting international concern.

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