Tag: criminal court

Fornicating couple sentenced to 18 months jail, 25 lashes for self-made sex video

The Criminal Court has sentenced two consenting adults to 18 months in jail and 25 lashes for videoing themselves engaging in extramarital sex.

Aseel Ismail and Mariyam Sana were arrested in April 2011 after a police raid found CDs and photos in which the couple appear to engage in extramarital sex.

Aseel is currently serving a seven year jail term for assault and Sana is facing trial for drug abuse and alcohol consumption.

The Criminal Court on Wednesday sentenced the two to six months in jail and 25 lashes for fornication and issued an additional one-year jail term for producing pornographic material.

Meanwhile, renowned Quran reciter Hussain Thaufeeq has been sentenced to six months banishment and 15 lashes for sexually abusing children. However the Criminal Court suspended the sentence for three years, on the grounds it was the Qari’s first offence.

Thaufeeq was arrested in August 2010 on multiple charges of child sexual molestation with “some cases going a long time back,” police said at the time.

Thaufeeq’s students had also submitted a petition to the Human Rights Commission of the Maldives (HRCM) asking the commission to investigate the matter

Thaufeeq hosted a daily Quran teaching program on Television Maldives (TVM) for school children every evening after Isha prayers. He also led Friday prayers and conducted sermons.

He is also being charged with possession of pornographic material. The trial is still pending at the Criminal Court.

Under the Child Sex Offenders (Special Provisions) Act of 2009, the penalty for child sex abuse is 10-14 years but can be extended to 15-18 years if the accused was in a position of trust with the children he allegedly abused.

However, it appears Thaufeeq has been charged under a different regulation criminalising fornication and sexual misconduct.

The Criminal Court was not responding to calls at the time of press.

In August this year, a 15-year-old girl who faced 100 lashes after she was raped by her stepfather had her sentence overturned following an international campaign.

The Juvenile Court in September sentenced a 17 year old boy to four months in prison after he kissed a 16 year old girl in a court waiting room. The girl was sentenced to four months house arrest.

Meanwhile, a series of sex tapes in which Supreme Court Judge Ali Hameed appears to be having sex with several unidentified foreign women were leaked in July, but the judicial oversight body voted not to take any disciplinary action citing lack of evidence. The Judicial Services Commission (JSC) continues with the investigation.

According to a 2007 UN study, one in three women in the Maldives experience physical and /or sexual violence at some point in their lives. Further, one in eight women reported they had experienced childhood sexual abuse, the study said.

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Criminal Court open on Saturday to dispense criminal records checks

The Criminal Court is to open during this weekend to provide criminal record checks for those seeking to contest in January’s local council elections.

The Criminal Court is facing an unusual amount of traffic for criminal record and debt record checks with an estimated 4000 candidates contesting the 1091 local council seats.

In 2011, candidates had to sign a declaration stating they had no record of criminal activity or decreed debt. However, several councillors were disqualified from their seats after election and the Elections Commission amended its regulations mandating candidates to submit criminal and debt records with their applications.

Applications are due on December 8 and elections are scheduled for January 18.

The Criminal Court will be open from 9:00 am – 5 pm on Saturday.

Debt and criminal records will be made available on the day of request from the Criminal Court, local media reports.

In addition to the Criminal Court, the Department of Judicial Administration, the Supreme Court and the Department of Penitentiary and Rehabilitation Services (DPRS) also provides records of criminal activity and debt.

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MP Easa withdraws bill reducing penalty for refusal to provide urine

Opposition Maldivian Democratic Party (MDP) MP Ahmed Easa has withdrawn a bill reducing the penalty for refusal to provide urine from a one year jail term to 15 days in jail.

Easa proposed the amendment to the Drugs Act after the Criminal Court sought to prosecute MDP MPs Abdulla Jabir and Hamid Abdul Ghafoor for refusal to provide urine when they were arrested on Hondaidhoo Island in August 2012.

If convicted with a one-year jail term, the two MPs may lose their parliamentary seats.

At the time, the MDP accused the judiciary of “purging” MDP MPs from parliament in order to influence the party’s simple majority in parliament ahead of several no-confidence motions against ministers of former President Dr Mohamed Waheed Hassan.

Easa said he had withdrawn the bill due to criticism from his own party and because he believes the police will be more professional with the election of President Abdulla Yameen Abdul Gayoom.

The Criminal Court’s Chief Judge Abdulla Mohamed has sentenced Hamid to six months in jail for disobedience to order after he refused to obey court summons to attend a refusal to provide urine trial.

Hamid contends the court summons were issued in violation of the Parliamentary Powers and Privileges Act which prohibits the judiciary from scheduling hearings during Majlis work hours.

Hamid had sought refuse inside the People’s Majlis when the six month jail term was issued. The MDP then amended the parliament’s standing orders to allow an MP convicted of criminal acts to continue to attend Majlis sittings.

The Home Ministry transferred Hamid to house arrest in mid November and Hamid has now left the parliament after four weeks.

New Home Minister Umar Naseer has said enforcing Hamid’s jail sentence would be difficult as the Department of Penitentiary and Rehabilitation Department (DPRS) does not have the facilities to transport Hamid back and forth from Maafushi Island jail to Malé.

“We have to arrange a speed boat to bring him to every single session if he is kept in a jail outside Malé. We may have to bring him two or three times a day,” he told local newspaper Haveeru.

Furthermore, Naseer explained that incarcerating Hamid in the Malé City jail was not an option because the jail was at full capacity.

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MP Imthiyaz Fahmy charged with contempt of court under expired regulation

Opposition Maldivian Democratic Party (MDP) MP Imthiyaz ‘Inthi’ Fahmy is being tried for contempt of court under a regulation that expired in 2011, the MP’s lawyer Masthoor Husny has said during a Criminal Court hearing today.

The Prosecutor General’s Office is charging Fahmy for comments criticizing the Supreme Court during a Raajje TV program called “Fala Suruhee” (Headlines).

Police have asked the PG to try MDP MPs Alhan Fahmy, Mohamed ‘Bonda’ Rasheed, Ali Waheed and ‘Reeko’ Moosa Manik on the same charges.

Husny cited Article 19 and 59 of the Constitution ratified in 2008 which states that a citizen is free to engage in any conduct or activity that is not expressly prohibited by Islamic Shariah or by law and states that no person shall be found guilty of any act or omission.

The regulation criminalising contempt of court was to expire with the ratification of the new constitution.

But the People’s Majlis voted at the time to extend the validity of several regulations until the government is able to submit new laws that are streamlined under the new constitution.

However, in 2011, when the regulations were up for yearly review, the Majlis failed to extend the validity of the regulation criminalising contempt of court.

The hearing was adjourned today when the state prosecutor requested more time to review the matter.

Meanwhile, MP Hamid Abdul Ghafoor has returned home after four weeks of refuge inside the People’s Majlis to evade Criminal Court summons issued in violation of the Parliamentary Privileges and Powers Act.

The Criminal Court then sentenced Hamid to six months in jail in absentia for disobedience to order.

The MDP had pledged to ‘clean the judiciary’ following a series of sex tapes in which Supreme Court Justice Ali Hameed appears to be having sex with several foreign women in a Colombo hotel room.

The MDP has also condemned a series of controversial Supreme Court rulings annulling the first round of presidential elections held on September 7 and the stripping of parliamentary seats of MDP MP Ali Azim and MDP aligned DRP’s Mohamed Nashiz.

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State to appoint lawyer for Filipino woman charged with smuggling three kilos of cocaine

The Criminal Court has asked the state to appoint a defence lawyer for a Filipino woman arrested in Male airport after attempting to smuggle three kilograms of cocaine into the country, as she was not able to afford one.

According to local media present at the court today, the woman asked the court what would happen if a lawyer was not appointed and the Judge told her that the court was now working with the Attorney General (AG)’s office to appoint a lawyer.

The judge also said the court found it difficult to conduct such serious cases without the respondent having a defence lawyer.

The woman told the court that she would keep trying to make her family appoint her a lawyer.

On September 17 customs reported that its officers at the Ibrahim Nasir International Airport had seized 3368 grams of drugs inside the suitcase of the 33 year-old woman.

The customs department said the woman came to Maldives from Rio de Janeiro after transiting in Dubai.

At the time customs said the case was also being investigated by Dubai police and relevant authorities, concerning the case’s possible connections to drug lords around the world.

The customs also said that the street value of the drugs would be over US$400,000.

Speaking to Minivan News today, Criminal Court spokesperson Ahmed Mohamed Manik said the court had given the woman the opportunity to appoint a lawyer previously, but she had not.

According to Manik this was the second chance the court had given her the chance to appoint a lawyer.

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Heirs of slain MP want execution if court finds suspect guilty

Criminal Court Spokesperson Ahmed Mohamed Manik has today confirmed that all heirs of late MP Dr Afrasheem Ali wished to execute Hussain Humam of Henveiru Hicost, if the court found him guilty of murdering Dr Afrasheem.

Progressive Party of Maldives (PPM) MP Dr Afrasheem Ali was stabbed to death on the night of October 1, 2012, on the staircase of his home.

Manik said that the court took the statements from Dr Arasheem’s heirs today.

He said that today’s scheduled hearing, during which Humam was to deliver his last words and closing statement before the judge concludes the case but, was cancelled as his defence lawyer Hassan Hisan is ill.

”Its the third hearing that had to be cancelled because his lawyer is ill,” he said. ”Today the court asked Humam to inform his lawyer that there will be another hearing scheduled next week and it will be last opportunity for Humam to present his closing statement and say his last words.”

Manik said the court will proceed with the case without his last words even if his defence lawyer is unable to attend to the next hearing.

After taking the closing statement and last words the court will deliver a verdict unless there is anything else to clarify.

State prosecutors have previously accused Humam of going to the residence of Dr Afrasheem and murdering him with a machete and a bayonet knife.

Humam had initially denied charges against him. He later confessed to the crime at a hearing held in May, according to a statement read in the court by prosecutors .

The statement was said to have been given by Humam at one of the initial hearings. It claimed that son-in-law of ‘Reeko’ Moosa Manik, Abdulla ‘Jaa’ Javid, had offered to pay him MVR 4million for the murder of MP Afrasheem. At a subsequent hearing in June, however, Humam retracted his confession, claiming that he had been coerced by police.

Commissioner of Police Abdulla Riyaz previously alleged that the murder of Dr Afrasheem was a well planned murder worth MVR 4million (US$260,000).

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Court extends detention of seven arrested in anti-government protest

The police yesterday summoned 22 people arrested in the Maldivian Democratic Party (MDP) protest on Sunday night to the Criminal Court. Fifteen persons were released under conditions and seven were given up to 10 days in pre-trial detention.

The protests erupted in response to the decision by Dr Mohamed Waheed to remain in the position of president after his constitutional term ended at midnight.

In a statement, police said that the 23 persons were arrested on charges of objecting to police orders, obstructing police duty, breaking police lines, and throwing objects such as stones and water bottles at police officers trying to control the protest.

Police said that 19 men and four women were arrested in the protest, with one woman being released without having been summoned to the court.

In the statement, police accused protesters of vandalising a traffic light on Sosun Magu and destroying a security camera in the Roashanee building.

Police said that the protesters threw stones and water bottles at police officers in the area close to where journalists were covering the protest.

It was also reported that protesters set ablaze a barricade on Sosun Magu and stopped two public buses, jumping into the bus, assaulting the driver and attempted to overturn the vehicle.

Police said a journalist was injured in the protest after being hit by an object thrown by the protesters. He was subsequently treated at ADK hospital and was released the same night.

On October 21, Waheed has said he did not want to stay on as president when his term expired.

“It is not in the best interest of this country if there is no elected president when the current presidential term ends on November 10. I do not want to stay in this position even a day beyond November 11,” Waheed told the press that time.

The Supreme Court verdict, which annulled the first round of election held on September 7, also said Waheed’s government should continue past November 11 if there is no president elect.

The Jumhooree Party (JP) and Progressive Party of the Maldives (PPM) have pledged their support to Waheed staying on, but former president and Maldivian Democratic Party (MDP) presidential candidate Mohamed Nasheed has called for Waheed to resign, allowing a transitional government under the Speaker of Parliament to oversee elections.

Minivan News understands that defence chiefs arrived at the President’s Office prior to Waheed’s address to the nation, initially scheduled for 10:30pm on Sunday. The address was delayed an hour, before Waheed appeared and said he would resign on November 16, the date scheduled for the delayed run-off vote.

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Criminal Court cancels trials of MP ‘Sun Travel’ Shiyam and senior MDP member

The Criminal Court has cancelled Thursday’s hearings in the trials of Maldives Development Alliance Leader and MP Ahmed ‘Sun Travel’ Shiyam and Maldivian Democratic Party member Ibrahim Hussain Zaki, after the court could not hand over summon chits to them.

Zaki is facing trial after he was arrested from the island of Hondaidhoo in Haa Dhaalu Atoll while he was allegedly in possession of cannabis and alcohol.

MP Shiyam is facing trial in a case where an alcohol bottle was allegedly discovered inside his luggage when he arrived from a trip abroad country.

The Criminal Court has recently sentenced MDP MP Hamid Abdul Ghafoor to six months after he failed to show up to the court for the hearings of a case in which he was charged for possessing cannabis and refusing to provide police a sample of his urine for drug testing.

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State produces three police officers as witnesses against MDP MP Jabir

The state has today produced three police officers to the Criminal Court as witnesses against Maldivian Democratic Party (MDP) MP Abdulla Jabir, during the hearing of a case in which Jabir faces charges of possession of cannabis.

According to local media present at the trial, Jabir told the court that the three police officers were among the policemen who allegedly brutalised him on the uninhabited picnic island of Hondaidhoo where he was arrested and that the Police Integrity Commission’s (PIC) report on his arrest concluded that police were brutal.

Chief Judge of the Criminal Court Abdulla Mohamed, presiding over the case, asked Jabir to submit video footage of the torture to the court.

Jabir’s lawyer argued that the constitution states that any witness or evidence obtained in violation to the laws should not be accepted by the court.

However, the judge replied that the court would decide on accepting the witnesses when delivering the verdict and that the court would hear what the witnesses have to day.

A total of 10 people were taken into police custody on November 16 after police raided and searched Hondaidhoo with a court warrant. Officers alleged they found large amounts of suspected drugs and alcohol upon searching the island.

In August this year, a Criminal Court media official told Minivan News that the PG had charged MDP MPs Abdulla Jabir and Hamid Abdul Ghafoor with smuggling alcohol into the country and consuming alcohol.

Jabir and Hamid were also both charged with objecting to urine testing and possession of cannabis and alcohol.

Former President Mohamed Nasheed’s Press Secretary Mohamed Zuhair and his wife Mariyam Faiza were also charged for objecting to take a urine test, said Manik.

Additionally, the son of former President Nasheed’s Special Envoy, Mohamed Hamdhoon Zaki,  has been charged for trafficking illegal drugs into the country – the penalty for which is 25 years and can be fined up to MVR10million.

On 24 October, the Criminal Court issued a warrant to arrest and summon Hamid to the court, but the MP took refuge in the parliament building on the same day meaning police were unable to arrest him.

The Criminal Court later sentenced Hamid to six months for failing to produced himself to the court.

The MDP has previously alleged that the government aligned parties were attempting to reverse the MDP’s majority in parliament by using courts that remain under the influence of former president Maumoon Abdul Gayoom as a means to strip the MDP MPs of their seats in parliament.

On October 24, the Supreme Court ruled that MDP MP Ali Azim and MDP-aligned Dhivehi Rayyithunge Party MP Mohamed Nashiz were disqualified from the parliament over an unpaid debt.

On November 4, Progressive Party of Maldives (PPM) council member and prominent lawyer Mohamed ‘Wadde’ Waheed filed a case at the Supreme Court requesting the court disqualify DRP Leader and MP Ahmed Thasmeen Ali from parliament.

Leader of the government-aligned Maldivian Development Alliance (MDA) and MP Ahmed ‘Sun Travel’ Shiyam is also facing alcohol possession charges that – if convicted – would result in the loss of his seat.

The Inter-Parliamentary Union has requested an urgent visit to the Maldives, arriving last week to attempt to build trust between factionalised institutions, whilst the US has expressed concern at reported intimidation,

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