MVR 3000 fine for man who hit police officer

A man who attacked a policeman during the Usfasgandu take over in 2012 has been fined MVR 3000 (US$194.81), local media reported.

The Criminal Court ruled that Hussain Faheem of Thaa Madifushi Faransaage hit the policeman in the chest whilst he was on active duty on May 29, 2012.

Faheem has been ordered to pay the fine within one month to the court.

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“No idea” why criminal court has taken so long to process museum vandalism case: PG’s Office

The Prosecutor General’s (PG) Office has revealed it has “no idea” as to why two individuals charged with vandalising the national museum last year have yet to be brought to justice.

The two men, accused of damaging archaeological evidence of Maldives’ pre-Islamic Civilisation in the national museum in Male’ on February 7, 2012, failed to attend their trial hearing at Criminal Court scheduled for today (February 25).

A media official from the PG’s Office told Minivan News that the two suspects had originally been charged between September and October last year, but were yet to face trial in court.

Asked as to why the Criminal Court had taken so long to process the case, the media official said “we have no idea”.

The official was then asked if the PG’s Office had made any attempt to question the court over the delayed trial, to which he responded: “No, we haven’t questioned the court, we have taken no action yet.”

Last month private broadcaster Raajje TV aired leaked security camera footage showing a group of men vandalising around 35 exhibits after they stormed the museum amid the political chaos of February 7 last year.

Police in May 2012 forwarded cases against four suspects to the PG’s office, however the case was initially returned to police for further clarification.

Speaking to Minivan News, Police Superintendent Abdulla Nawaz said the case was then sent to the PG’s Office on July 8, 2012.

Local media reported that two men – Mohamed Nishan of M. Haadhoo and Yousuf Rilwan of G. Adimagu – were due to attend a trial hearing at 10:00am this morning over charges relating to the case.

However, a Judiciary Media Unit official said the hearing was cancelled after the two defendants did not receive their summoning chit to the Criminal Court.

“The chit was sent by the court to the homes of the defendants, but they did not receive it. So now the court will have to send a new summoning chit for a new trial hearing,” the official added.

Minivan News contacted the Criminal Court Spokesperson who, when asked for information regarding the case, gave an unclear response. When Minivan News asked for clarification, the spokesperson hung up.

Minivan News then attempted to contact the spokesperson, but he was not responding to calls at time of press.

“99 percent of Maldives’ pre-Islamic history destroyed”

According to museum director Ali Waheed, the vandals destroyed “99 percent” of the evidence of the Maldives’ pre-Islamic history prior to the 12th century, including a 1.5-foot-wide representation of the Buddha’s head – one of the most historically significant pieces at the museum.

An official at the museum told Minivan News following the incident that the group “deliberately targeted the Buddhist relics and ruins of monasteries exhibited in the pre-Islamic collection, destroying most items beyond repair.”

“This is not like a glass we use at home that can be replaced by buying a new one from a shop. These are originals from our ancestors’ time. These cannot be replaced ever again,” the official said.

In September 2012, the United States government donated US$ 20,000 (MVR 308,400) to help restore and repair the damaged artifacts, as part of an effort to preserve Maldivian cultural heritage.

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Protesters released on condition they “not be seen in groups”

Five Maldivian Democratic Party (MDP) protesters arrested Monday (February 18) night were released on the condition they “are not seen within groups for two months,” reports local media.

The Criminal Court “remanded to arrest” 16 of the 84 people taken into police custody during protests.

The court also extended the detention period of four other protesters.

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Murder victim’s parents approve death penalty

The Criminal Court has taken statements from the parents of Abdul Muheeth of Veyru in Galolhu Ward who was murdered by a gang on February 10, 2012.

According to local media present in the court today, Muheeth’s father and mother declared they approved death sentences for the suspects if the court was to find them guilty of murdering their son.

The Prosecutor General has charged three men in connection with the murder of Muheeth, identified by police as Mohamed Maimoon of Naifaru in Lhaviyani Atoll, Ali Mushaffau of Maradhoo in Addu City and Muhujathu Ahmed Nasir of Gadhoo in Faadu Dhaalu Atoll.

In December 30, the Juvenile Court finished taking statements from the heirs of Abdul Muheeth, where all approved passing the death sentence against the trial’s defendants should they be found guilty.

In March, Police Inspector Abdulla Satheeh said Muheeth was mistakenly killed by a gang and that he was not the intended target.

Police previously announced that Muheeth was not a member of any gangs, adding that he had also held a responsible job at the time of his death.

Article 88[d] of the Maldives Penal Code states that murders should be dealt with according to Islamic Sharia and that persons found guilty of murder “shall be executed” if no heir of the victim objects, according to Islamic Sharia.

Although the Maldives Penal Code allows for the death sentence, it has traditionally been commuted to 25 years in prison.

However the Attorney General has drafted a bill proposing changes to the law outlining the execution of the death sentence, which would put it into practice.

According to the bill persons found guilty of crimes subject to death penalty will be executed using lethal injection.

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.

Statistics show that from January 2001 to December 2010, a total of 14 people were sentenced to death by Maldivian courts.

However in all cases the acting president has commuted these verdicts to life sentences.

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Criminal Court Judge Abdul Baari Yoosuf suspended over allegations of sexual misconduct

The Judicial Service Commission (JSC) has suspended Criminal Court Judge Abdul Baari Yoosuf, informing him to not to report for work until it makes a final decision on his position.

JSC media official Hassan Zaheen confirmed to Minivan News that the judge had been suspended from Wednesday (February 6) onwards, but refused to provide any details. Local newspaper Haveeru reported that Baari Yoosuf was suspended over a disciplinary problem.

“The judge has been asked to not to report to work until further notice from JSC. The matter is being investigated by the JSC, so no additional information can be provided at the moment,” Zaheen said.

Local media outlet CNM reported that the suspension followed a case filed by a female lawyer from the Prosecutor General’s (PG) office, who alleged that Baari Yoosuf had sexually assaulted her.

However, the JSC media official refused to confirm the allegations to Minivan News.

Judge Abdul Baari Yoosuf has looked into many high profile criminal trials including murder and drug offences.

High profile cases he has overseen include the murder case of Police Lance Corporal Adam Haleem, a murder of an expatriate that took place in Shaviyani Atoll and trials concerning drug kingpin Adam Naseer Aboobakuru and Abdul Latheef Mohamed.

Baari Yoosuf sentenced the murderer of Police Lance Corporal Adam Haleem, Ahmed Samah, to death after heirs of the murdered man demanded the death penalty instead of blood money.

In July 2012, Adam Haleem was stabbed to death on Kaashidhoo in Kaafu Atoll Island by Mohamed Samah while Haleem was on his way to report for duty.

He also acquitted Adam Naseer Aboobakuru, whom the former government of President Mohamed Nasheed had labelled one of the country’s ‘top six’ drug dealers.

In June 2009, police found over MVR 6 million (US$461,500) in cash and a tin containing drugs outside Naseer’s house during a raid on his home in Addu Atoll.

He was again arrested in July 2009 in Addu Atoll, but “he wasn’t in prison the whole time,” explained then President’s Office Press Secretary Mohamed Zuhair. “On several occasions, the court has delayed his imprisonment until the hearing.”

In his verdict, Judge Baari Yousuf said there was not enough evidence to prove the money had come from dealing drugs. He added that the drugs could have been placed outside Naseer’s house by anyone and did not necessarily belong to him.

In 2011, Baari made another controversial decision by ordering the release of another drug lord, Abdul Latheef of Fuvamulah in Gnaviyani Atoll, suspected to be involved with a high profile drug cartel.

Despite initially ordering Latheef be kept in detention, in a letter sent to police at the time, the Criminal Court changed its first decision and demanded that police switch Latheef’s detention to house arrest.

Latheef was arrested in December 2010, as he was about to drive away in his car after loading some vegetables into the vehicle’s trunk.

Police officers who stopped his car unpacked the loaded items in his presence and discovered 1083.42 grams of illegal narcotics containing the substance tetrahydrocannabinol (found in cannabis).

The country’s judiciary is currently being subjected to questions over its lack of impartiality and failure to deliver justice.

A substantial amount of criticism is also being levied against the JSC, which is mandated to oversee the functioning of the judiciary.

Several international experts and organisations including the International Commission of Jurists (ICJ) have expressed concern over the state of the judiciary and the JSC.

In February 2011, the ICJ claimed that the Maldives legal system is failing to serve its citizens despite many “positive developments” that have been made in an effort to depoliticise the courts, with many judges found to be lacking qualifications and independence.

Former director of the ICJ’s Asia Pacific operation’s Roger Normand at the time said he did not believe that the Maldives had an “independent judiciary capable of resolving problems”.

A similar report by Professor Paul H Robinson observed that “persons with little or no legal training can hardly be expected to know how to conduct a fair and effective trial.”

“Serious efforts must be made to provide substantial training to current judges in order to insure that all have the background they need in both law and Shari’a. Perhaps more importantly, no judge should be hired who does not already have the needed training,” he further wrote.

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

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Criminal Court concludes hearings into terrorism charges against Shahum

The Criminal Court has concluded hearings into terrorism charges against Ibrahim Shahum Adam of Galolhu Couzy.

Spokesperson for the Criminal Court, Ahmed Mohamed Manik, said the court will deliver a verdict in the case on  February 24.

Shahum was charged with terrorism after he allegedly attacked a group of men with a sharp weapon in March 2010, March, near Maaziya football stadium in Maafannu Ward. He also stands accused of murder is a separate case.

One of the victims of in the Maafannu attack died the following day. He was identified by the police at the time as 17 year-old Mohamed Hassan.

The victim was admitted to Indira Gandi Memorial Hospital and was treated for more than eight hours in the intensive care unit, but the knife had severed a major artery and despite an emergency blood transfusion he died the following morning at 6:15am. He was was buried that afternoon at Aasahara cemetery.

A person familiar with the matter told Minivan News at the time that the boy was stabbed while climbing on to the back of a lorry after watching a football match held in the Maaziya football ground.

“He was with his friends on a lorry and about to leave when they were attacked by a group of people armed with stones and sticks,” the source said. “After a while they came close and stabbed him with a knife. Two other boys were also stabbed, one in the chest and another in the leg.’’

Shahum was previously sentenced to a year in prison for attacking a fellow student in an Imam course.

The Criminal Court has almost concluded the second trial against Shahum, concerning his alleged murder of 21 year-old Ahusan Basheer in 2011.

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Criminal Court extends detention of second suspect in Afrasheem murder case

The Criminal Court yesterday extended the detention period of Ahmed Shan, the second main suspect arrested in connection with the death of late MP and well-known religious scholar Dr Afrasheem Ali.

The Criminal Court told local media that Shan, of Henveiru Hikost House, was summoned to the Criminal Court yesterday and his pretrial detention period was extended another 15 days.

Meanwhile, the Criminal Court recently started the trial of Hussain Human, the main suspect arrested in connection with the case.

During the first hearing the state attorney read out the charges against Humam, who pleaded not guilty and requested the court grant him the opportunity to appoint a lawyer.

Attorneys representing the state told the Criminal Court that on 1 October 2012, Humam and a group of people attacked and murdered Dr Afrasheem Ali.

The mobile phone of Criminal Court Spokesperson Mohamed Manik was switched off and he was unavailable for comment at time of press.

MP Afrasheem was brutally stabbed to death on the night of October 1, on the staircase of his home.

Commissioner of Police Abdulla Riyaz has previously alleged the murder of the MP was well planned and worth MVR 4 million (US$260,000).

In a presentation shown to a press conference last year, Riyaz claimed that 11 suspects were initially arrested, of which three had since been released. He added that about 200 items had been analysed as evidence, including forensic and digital evidence, which he claimed were enough to prosecute the prime suspects.

“Over 500 hours of CCTV footage have been analysed, more than a hundred people have been interviewed and about 13,000 phone call recordings have been analysed out of which 12,000 were from one single tower,” Riyaz said.

The commissioner claimed Afrasheem was last seen alive inside the premises of the state broadcaster, Television Maldives (TVM). The presentation suggested that Afrasheem was seen leaving the premises in his car around 11:04pm, according to nearby CCTV camera footage.

Afrasheem left the station after participating in a religious TV program called “Islamee Dhiriulhun” (Islamic Life), with Deputy Minister of Islamic Affairs Mohamed Qubad Aboobakuru.

In his last words, aired on the show, Afrasheem said he was deeply saddened and asked for forgiveness from citizens if he had created a misconception in their minds due to his inability to express himself in the right manner.

Minister of Islamic Affairs Sheikh Shaheem Ali Saeed was quoted in local media as saying that the Islamic Ministry had not forced Afrasheem to offer a public apology for anything during his last television appearance and disputed that there was any religious motivation in the death of the moderate scholar.

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Police release owner of fraudulent Maleesha Hajj Group to house arrest

Police have released the 42 year-old Head of Maleesha Hajj Group Abdul Latheef, who was arrested on charges of fraudulently collecting MVR 11.9 million (US$77,0000) from clients of his Hajj Group, under house arrest.

Police Sub-Inspector Hassan Haneef told Minivan News Abdul Latheef was switched to house arrest two days ago due to his medical condition.

‘’Police made the decision to release him after considering his medical condition, on advice from doctors who examined his case,’’ Haneef said.

In late September police alleged that Abdul Latheef had defrauded 175 people of MVR 12 million (US$778,000) after they made payments to the Maleesha Hajj Group to travel to Mecca to perform Hajj.

The owner of the business allegedly collected MVR 68,000 (US$4400) from each person, who wished to go to Mecca this year to fulfill the Hajj, one of the five pillars of Islam.

The issue was reported to police after clients of Maleesha Hajj Group noticed that the group had not called them or responded to any of their calls, and that the Maleesha Hajj Group office on Hulhumale’ was closed.

By the time police began looking for Abdul Latheef he had fled from the Maldives, and his whereabouts were unknown.

On October 2, 2012, Interpol issued a red notice to locate and apprehend Abdul Latheef and on November 25, police located and arrested him at the Mount Lavinia Hotel in Colombo, Sri Lanka.

At the time, Sri Lankan police told local newspaper Haveeru that Abdul Latheef was suspected of being involved in a Sri Lankan money laundering ring as well, and that he was also suspected of collecting money from Sri Lankans.

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Abdulla ‘Jaa’ Javid released from custody, brother detained by police

Abdulla ‘Jaa’ Javid has been released from custody following his 45-day detention in connection with the murder of MP Dr Afrasheem Ali last year.

On the day of his release (January 17) however, Javid’s brother Shahin Mohamed was taken away by police whilst waiting with Javid’s family outside of the court.

Chairperson of Maldivian Democratic Party (MDP) ‘Reeko’ Moosa Manik – Javid’s father-in-law – told Minivan News on Thursday that the police “took away” Mohamed without any warning.

“He was waiting for his brother to come out of court and the police came along and took him away. He was waiting silently and they took him without giving a reason,” Manik claimed.

Regarding Mohamed being held by police, Maldives Police Service (MPS) Spokesperson Sub-Inspector Hassan Haneef said that police would not be releasing any information of the Afrasheem murder case due to the “sensitivity” of the investigation.

Minivan News has since learned that Mohamed was released from police custody three hours after he was taken away by police.

Local media reported that Javid was released after he was brought to court to extend his detention period following the expiry of his previous term.

Javid’s lawyer, according to Manik, said the judge stated there was “no way” Javid could be kept in custody any longer.

“If they had any evidence they would have kept him there,” Manik added.

Former Deputy Prosecutor General Hussain Shameem said that Javid’s 45-day detention was “unreasonable” given that two people had already been charged of the crime.

“As for the arrest it is a constitutional right of the accused – and detained – for his case to be processed through the criminal justice system within a ‘reasonable time’,” Shameem added.

Javid had previously attempted to file a case to High Court claiming that the extension of detention order issued against him by the Criminal Court was unlawful.

However, the High Court ruled that there was no reasonable ground to support this adding that police claimed to have a phone call recording that supported their accusations of Javid’s involvement in the murder.

In December last year the MDP accused the police of attempting to pin Afrasheem’s murder of MDP members instead of going after those guilty of the crime, a statement seen by local media has read.

The party further reportedly stated that police had detained two of its members Mariyam Naifa and Alli ‘Smith’ Hashim for an extended period of time before releasing them without any charges.

Minivan News is awaiting for additional information from Director Department of Judicial Administration Ahmed Maajid regarding the release of Javid.

‘A desperate plea to help free my husband’

In a letter obtained by Minivan News, Javid’s wife Mida Moosa pleaded for the release of her husband claiming that the family were “very confused” regarding the information they had received about his detention.

The letter claims that Javid’s arrest took place hours before parliament was scheduled to finalise a decision on whether the proposed no-confidence vote against President Mohamed Waheed Hassan Manik should be held via secret votes.

Upon Javid’s initial extension of custodial detention, the letter alleges that Javid was kept in solitary confinement and that this matter was taken to the High Court.

“At the High Court hearing on December 13, MPS stated that Javid was kept in solitary confinement most likely because of an error made by the prison he was kept in,” the letter claims.

After the first 14 days of Javid’s detention the letter notes that he was brought back to court and on December 19 he was given another 15 day extension on his detention.

According to the letter, the prosecutors had brought a request form to court by the MPS stating that Javid was being kept in prison “for his own safety and to interrogate him on some evidence they had regarding the case.”

Afrasheem’s murder

Commissioner of Police Abdulla Riyaz has claimed that the murder of MP for Ungoofaaru constituency Dr Afrasheem Ali was a well-planned murder and insisted it was politically motivated.

The Commissioner alleged that the assassins were offered MVR 4 million (US$260,000) and that 200 items were collected as forensic and digital evidence.

“Over 500 hours of CCTV footage have been analysed, more than 100 people have been interviewed and about 13,000 phone call recordings have been analysed out of which 12,000 were from one single tower,” Riyaz said.

Afrasheem was killed on October 1. His wife discovered the body lying on the staircase of their home.

Dr Afrasheem was elected to parliament in 2009 as a member of the then-opposition Dhivehi Rayithunge Party (DRP).

Following the opposition’s split, Afrasheem sided with the Progressive Party of the Maldives (PPM) of former President Maumoon Abdul Gayoom, and faded into the political background.

Widely considered an Islamic moderate, Dr Afrasheem took outspoken and controversial positions on issues such as allowing the playing of music, and praying next to the deceased.

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