High Court concludes hearings into deputy speaker’s corruption case

The High Court has concluded appeal hearings into one of four corruption cases concerning Deputy Speaker Ahmed Nazim. Today’s case was lodged by the Prosecutor General (PG) after the lower court had ruled Nazim innocent.

The hearing concerned charges of fraudulently collecting funds through a company owned by Nazim to buy sound systems for a mosque. The amount alleged to have been misappropriated by the deputy speaker in all four cases is alleged to be over US$400,000.

According to local media, High Court judges presiding over the case today said that there would be no more hearings unless the court needed to clarify further information.

Newspaper Haveeru has reported that, during today’s hearing, state attorney Abdulla Rabiu told the court Nazim had abused his authority as a company owner and had also used staff as accomplices.

Rabiu said that there was no need to press charges against the staff used in the corruption, however, and that only Nazim was to be held responsible.

Nazim’s defense lawyers had previously told the court that witnesses produced against him were company staff who had also been involved in the alleged fraud, and who therefore were not acceptable to the court as witnesses.

The state lawyer today responded to these claims by saying that the witnesses not been charged with any of the cases, noting that the constitution states everyone to be innocent until found guilty by a court of law.

Case history

In February 2012, the Criminal Court dismissed four corruption charges against Nazim. The decisions came just days after the controversial transfer of power on February 7 that brought former President Dr Mohamed Waheed to office. The court had then ruled that Nazim’s “acts were not enough to criminalise him”.

Along with Deputy Speaker Nazim, MP Ahmed “Redwave” Saleem, and Abdulla Hameed – both then ministers at the now-defunct Atolls Ministry – were charged in late 2009 on multiple counts of conspiracy to defraud the ministry.

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

According to the report, the documents of Malegam Tailors – the company which won the bid for the harbour project- showed that it shared the same phone number as another of Nazim’s companies, Namira.

Fast Tailors, another company that submitted a bid, also shared the phone number registered under Namira.

Anther company – Needlework Tailors – which submitted the bid, had an employee of Namira sign the documents under the title of general manager, while there were no records to prove that a fourth company named ‘Seaview Maldives Private Maldives’ existed at all, according to the audit report.

The auditors noted that the Seaview bid documents had an date error also found on Fast Tailors documents. According to the auditors, the error was sufficient to prove the same party had prepared both company’s bids.

The prosecution began in late 2009, after police uncovered evidence that implicated Hameed, Saleem, and Nazim in a number of fraudulent transactions.

At a press conference in August 2009, police exhibited numerous quotations, agreements, tender documents, receipts, bank statements, and forged cheques showing that Nazim had 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 channeled through the scam to Nazim, who then laundered cash through Namira Engineering and unregistered companies

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Man handed life sentence over 227.4 grams of cannabis

The Criminal Court has sentenced a man to life in jail for the possession of 227.4 grams of cannabis.

The police arrested Mohamed Naif in Hulhumalé in March 2013 near the ferry terminal. On sighting the police at the terminal, Naif had run rom the police and had thrown away a plastic bag containing cannabis, the police told the Criminal Court.

The court has also ordered Naif to pay a fine of MVR100,000 (US$6485) within a month.

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High Court overturns life sentence for drug possession

The life sentence handed down to Hussein Mohamed Sobah of Raa Atoll for drug possession was today overturned at the High Court.

In January 2013, Sobah was given the sentence after the Criminal Court found him guilty of possessing 2.5k of illegal drugs.

The High Court ruling today stated that Sobah had appealed the ruling, basing his argument on four main points. The High Court, however, had only referred to fact that police had failed to obtain a warrant – or the permission of the owner – before searching the premises of Golden Alloy Pvt Ltd [where the drugs were discovered].

The High Court said that when the judges panel presiding over the case looked into the matter, it noticed that Sobah had highlighted this issue during the Criminal Court hearings.

The court stated that the only situation in which the police can enter a house without the consent of the owner or with a court warrant was in a situation where a person’s life was at risk, requiring police to take immediate action.

The ruling said that the evidence collected inside the premises of Golden Alloy Pvt Ltd could not be considered as admissible, and that the constitution of the Maldives stated that the court should dismiss any evidence collected unlawfully.

In June 2011, police arrested Sobah with another man on suspicion that they were in possession of illegal narcotics, during a special operation conducted by the Drug Enforcement Department (DED).

At the time the then-DED Superintendent Mohamed Jinah said that the police were able to seize the drugs before they had been circulated across the country, and that this was a great success for the police and government.

The street value of these drugs was estimated by the police to be approximately MVR1.7 million (US$110,000) .

The two men were arrested near the UN building in the Galolhu district on Malé following intelligence reports. Police stated that the drugs were imported with the assistance of a cargo vessel.

“The vessel drops these things into the sea into an area determined by them,’’ the police at the time. “They went to the location on a dingy and picked it up and brought it to Malé.’’

The second man arrested with Sobah was also tried at the Criminal Court, though the court ruled  there was not enough evidence to prove guilt.

The Criminal Court’s ruling on Sobah stated that the fingerprint comparison report for the drugs discovered inside the office matched with the left hand, middle finger, of Sobah.

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Philippines national sentenced to life for smuggling drugs into Maldives

The Criminal Court yesterday (January 26) ruled that Philippines national Jenerosa Pancho Mapula was guilty of smuggling 3Kgs of cocaine into the Maldives, fining her MVR100,000 and sentencing her to life imprisonment.

The Criminal Court ruling stated that on April 24, 2013, Jenerosa arrived in the Maldives at arout 8:50am and that police searched her luggage after receiving intelligence reports that she was carrying illegal narcotics.

The court said that the drugs were discovered inside a handbag in her luggage.

Jenerosa denied the charges, the court said, though according to witnesses produced in court the drugs were found inside her luggage,which was searched in her presence.

The ruling stated that Jenerosa had told the court that the drugs did not belong to her, though she was unable to convince the court of this.

According to the ruling, Jenerosa will have to pay the fine within one month.

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Criminal Court fines man for eating during fasting hours of Ramadan

The Criminal Court has on Thursday fined a man MVR150 for eating during the fasting hours of Ramadan in 2011.

The local media identified the man as Subhee Ismail Mahir of Maafannu ward.

Online newspaper Sun reported that the Prosecutor General’s Office had charged Subhee for breaking the fast by drinking a Coca-Cola bottle standing near a shop named ‘Monalals’, without any valid reason to do so.

Sun reported the Criminal Court’s ruling as stating that this was the first time Subhee was found guilty of a crime of this type and that he is sentenced under article 88 of the penal code.

According to the paper the court ordered him to pay the fine in seven days.

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Deputy PG seeks Supreme Court assistance in Criminal Court dispute

Deputy Prosecutor General Hussain Shameem has written to the Supreme Court regarding a decision made by the Criminal Court to halt all pending cases until a new prosecutor general is appointed.

Shameem said that the letter was sent last week but that the Supreme Court had not responded to it.

“It was a complaint letter we sent because the Supreme Court had previously ordered the Criminal Court to continue its functions as normal,’’ he said. “But the Criminal Court had not implemented the order, and is refusing to accept new cases.’’

According to Shameem, the Criminal Court’s decision was appealed at the High Court but the court’s registrar decided not to accept the appeal, asking the High Court’s Judges panel to review the decision.

Shameem reported that, thus far, no progress had been made on the issue.

He said that there were more than 150 cases pending in the Prosecutor General’s Office which are to be sent to the Criminal Court, some of the cases concerning people held in pre-trial detention until their case is concluded.

Shameem said that he was expecting a response from the Supreme Court before this week ends.

“If they do not respond by then, then we will have to look for other ways to solve this issue,” he added.

On November 25, former Prosecutor General (PG) Ahmed Muiz submitted his resignation, shortly before parliament was set to debate a no-confidence motion against him.

On January 8, the Criminal Court decided not to accept any cases submitted by the PG’s Office and to halt all existing cases because the position of PG has been vacant for over 30 days

At the time, Shameem said that the laws did not prohibit the Deputy PG from taking over the responsibilities of the PG in a case where a new person is not appointed within 30 days.

He also expressed concern that there were people held in pre-trial detention who are to be kept there until their trials were concluded.

“So what do they do now, it would not be fair to keep them in there until the parliament comes back to work from recess after three months and appoint a new PG,’’ Shameem said.

On December 10, President Abdulla Yameen proposed his nephew Maumoon Hameed for the post of Prosecutor General and submitted the name to the parliament for the MPs to approve.

The issue was sent to parliament’s independent commissions committee and the committee decided to seek public opinion before sending his name to the parliament floor for voting.

However, the parliament is now on recess and will not re-commence work until March.

On January 9, the Supreme Court had ordered the Criminal Court to continue pending trials in the court.

The Supreme Court said it had told the Criminal Court that the criminal justice system must proceed in order to maintain constitutional rule.

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Verdict in Afrasheem murder case expected tomorrow

A verdict in the trial of Hussain Humam, the chief suspect in the brutal murder of MP Afrasheem Ali in October 2012, is expected tomorrow.

The final hearing of the case has been scheduled for 10:00am at the Criminal Court. The late moderate religious scholar’s heirs have all asked the court for the death penalty.

Humam had initially confessed to the murder, but later withdrew his statement claiming it had been extracted by the police under duress.

Humam is already serving a seven-year jail sentence for drug abuse.

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Supreme Court orders Criminal Court to restart trials

The Supreme Court has ordered the Criminal Court to restart trials following the court’s decision to suspend all cases in the absence of a prosecutor general (PG).

In a statement today, the Supreme Court said it had told the Criminal Court that the criminal justice system must proceed in order to maintain constitutional rule.

The apex court ordered the Criminal Court to “continue with all ongoing cases without any obstruction, and continue issuing rulings such as that on [pre-trial] detentions as before.”

The Criminal Court had announced yesterday it will halt all ongoing cases as the PG’s position has been vacant for more than 30 days.

Former PG Ahmed Muizz had resigned from his position shortly before the parliament was set to debate a no confidence motion against him.

Speaking to Minivan News, deputy PG Hussein Shameem condemned the Criminal Court for its decision, alleging the court had not discussed the matter with him or the parliament.

Further, people held in pre-trial detention may have to stay in remand centers if cases do not go ahead, Shameem said.

“So what do they do now, it would not be fair to keep them in there until the parliament comes back to work from recess after three months and appoint a new PG,’’ Shameem said.

“That is one of my biggest concerns over this issue, it is a responsibility of the PG office to uphold constitutional rights of the people.’’

There were no laws stating that the deputy PG cannot fulfill the responsibilities of PG in the case of the position being vacant, Shameem added.

He argued that PG’s office’s work must not come to a halt because the parliament had failed to appoint a new PG.

On December 10, President Abdulla Yameen proposed his nephew Maumoon Hameed for the post of Prosecutor General and submitted the name to the parliament for the MPs to approve.

The issue was sent to parliament’s Independent Commissions Committee and the committee decided to seek public opinion on him before sending it to the parliament floor for voting.

However, the parliament is now on recess and will not start work until March.

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Criminal Court stops accepting cases from PG’s Office

The Criminal Court has today decided not to accept any cases submitted by the Prosecutor General’s Office and to halt all existing cases because the position of Prosecutor General (PG) has been vacant for over 30 days, the PG’s Office has confirmed.

On November 25, former PG Ahmed Muiz submitted his resignation, shortly before parliament was set to debate a no-confidence motion against him.

Speaking to Minivan News today Deputy Prosecutor General Hussein Shameem said that as soon as he receives the court’s decision he will appeal it at the High Court.

Shameem stated that the laws do not say that the Deputy PG cannot take over the responsibilities of the PG in a case where a new PG is not appointed within 30 days.

He also said that it was for the parliament to appoint a new PG, noting that the Criminal Court had not discussed the issue with the parliament before making the decision.

Shameem expressed concern that there were people held in pretrial detention who are to be kept there until their trial was concluded.

“So what do they do now, it would not be fair to keep them in there until the parliament comes back to work from recess after three months and appoint a new PG,’’ Shameem said.

“That is one of my biggest concerns over this issue, it is a responsibility of the PG office to uphold constitutional rights of the people.’’

He said the court had not approached the PG’s Office before making this decision.

“And also, this morning the court made the decision but today afternoon we received a chit from the court stating that two cases have been scheduled for tomorrow,’’ he said, adding that “maybe the two cases are concerning someone close to them.’’

Furthermore, Shameem said that there were no laws stating that the Deputy PG cannot fulfill the responsibilities of PG in the case of the position being vacant. He argued that the work of PG’s Office should not come to a halt because the parliament had failed to appoint a new PG.

He also said that the court had informed the PG that it will continue the extension of detention trials for those under arrest.

On December 10, President Abdulla Yameen proposed his nephew Maumoon Hameed for the post of Prosecutor General and submitted the name to the parliament for the MPs to approve.

The issue was sent to parliament’s Independent Commissions Committee and the committee decided to seek public opinion on him before sending it to the parliament floor for voting.

However, the parliament is now on recess and will not re-commence work until March.

Criminal Court Spokesperson Ahmed Mohamed Manik did not respond to Minivan News at time of press.

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