Tag: criminal court

PG withdraws charges against two suspects of Ayyube’ murder case, pending review

Lawyers for the Prosecutor General’s Office have withdrawn charges against two suspects arrested in connection with the murder of 76 year-old Ali Hassan, of Kudahuvadhoo in Dhaalu Atoll.

The two suspects were previously identified by the police as Fauzan Mohamed and Ibrahim Majeed of Kudahuvadhoo.

Local media reported that the state attorney had told the Criminal Court the charges were withdrawn for revision, and were to be re-submitted to the court.

The state attorney told the court the police investigation into Fauzan Mohamed and Ibrahim Majeed’s involvement in the murder case was ongoing at the time the trial began in the Criminal Court.

According to the state attorney, police have obtained additional evidence against the suspect and the PG wished to review it and revise the case.

The judge then asked the state attorney to resubmit the case as soon as possible.

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

Fauzan Mohamed and Ibrahim Majidh have previously denied the charges against them in the Criminal Court. A case involving Ibrahim Waseem, Ali Hassan’s step-grandson, remains in court.

On March 25, 2013, the first hearing was held into the case and Ibrahim Waseem confessed to being an accessory to murder.

During the hearing Waseem claimed he has been seeking revenge after hearing allegations that Hassan was responsible for the murder of his mother using sorcery.

Waseem was accused of conspiring with Fauzan Mohamed and Ibrahim Majeed, both also from Kudahuvadhoo, of murdering Ali Hassan as he made his way back from maghrib prayers. The defendant admitted to spying on Ali Hassan, but denies direct involvement in the murder.

On January 8 this year, Ali Hassan’s body was discovered with multiple stab wounds in an abandoned house on Kudahuvadhoo.

The victim had previously been accused of using sorcery on a 37 year-old woman, who was reported missing at 2:00am on December 4, 2011 and whose body was later found floating in Kudahuvadhoo lagoon later that morning.

In September 2010, the Juvenile Court obtained statements from Ali Hassan’s heirs. Little is known about the hearing as the Juvenile Court conducts all hearings closed to public and the media.

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Court sentences Lance Corporal Adam Haleem’s murderer to death

The Criminal Court has found Ahmed Samah of Kaashidhoo guilty of murdering Police Lance Corporal Adam Haleem and sentenced him to death.

The Criminal Court ruling stated that the court had obtained statements from three of the four heirs of Adam Haleem, all of whom who had informed the court that they approved the passing of the death sentence against Samah if the court were to find him guilty.

According to the ruling, the fourth heir of Adam Haleem was his one year-old child, and stated that according to the Hanifee and Maalikee Sects of Islam, the other heirs could approve the death sentence on behalf of the infant.

On July 23, Adam Haleem was stabbed to death by Mohamed Samah at 12:00 am while Haleem was on his way to report for duty.

On July 31 last year, Samah confessed in the Criminal Court to attacking Lance Corporal Adam Haleem, stating that he was under the influence of alcohol after drinking cologne.

According to local media, Samah told the court he attacked Haleem with the intention of frightening him but not to kill him, and told the court he wished to repent and apologise to Haleem’s family.

On November 12, a second hearing of the case was held during which Samah said that the confession he made during the previous hearing was a result of police torture while in custody.

The presiding judge asked if Samah could prove the allegation to the court, but Samah said he could not.

Last year after completing the investigation into the case police told media the incident occurred while Haleem was on the way to the police station. The officer had spotted Mohamed Samah outside while he was supposed to be under house arrest.

According to police, Haleem followed Samah to his house and asked him to get ready to come with him to the police station.

According to police procedure, a person under house arrest who fails to comply with court order is to be arrested and taken to the court, and transferred to a pre-trial detention centre.

Samah refused to go to the police station and became angry. He entered his house and took an eight inch knife from the kitchen, which he used to stab Haleem in the left side of his chest, according to police.

Before Haleem was attacked, he called the police station had informed officers on duty that Samah was breaching his house arrest, and asked them to attend the scene. However by the time the other police officers arrived Samah had stabbed Haleem and his body was lying on the ground.

Police officers took Haleem to Kaashidhoo Health Centre, but Haleem failed to survive the deep wound in his chest and died at 12:10am that night.

Samah was arrested the next day and was suspected of being under the influence of illegal drugs. The test results showed his body contained THC (cannabis) and AMP (amphetamines), police said.

Recently, Attorney General Azima Shukoor drafted a bill on how the death sentence should be implemented in the Maldives, and proposed using a lethal injection.

The bill is now open for public comments and has not been yet sent to the parliament. Currently there are no laws that state how to execute death sentences – such sentences have traditionally been commuted to 25 year life sentences by presidential decree.

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.

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PG asks High Court to void dismissal of Deputy Speaker Nazim’s corruption cases

The Prosecutor General (PG’s) Office today requested that the High Court void a previous Criminal Court dismissal of four corruption cases against People’s Alliance (PA) MP and Deputy Speaker of Parliament Ahmed Nazim.

Nazim had been cleared by the Criminal Court of all four corruption charges against him on February 23, 2012. The decision was taken 16 days after the controversial transfer of power on February 7, with the court ruling that Nazim’s “acts were not enough to criminalize him.”

All four cases concerned public procurement tenders of the former Atolls Ministry, which were alleged to have been secured through fraudulent documents and paper companies.

The state prosecutor during today’s hearing claimed that the Criminal Court had acted in contradiction to the procedures normally applied in criminal cases.

The prosecutor also alleged that in passing the ruling to dismiss the cases, the Criminal Court had failed to consider any of the evidence provided by the state.

During today’s appeal hearing, the PG’s Office stated that the dismissal of the cases had breached the constitutional decree of equal treatment to all citizens. Concerns were also raised that the Criminal Court had acted against the norms of procedure in similar cases by ruling that two counts of fraud cases against Nazim could not be prosecuted.

Considering these grounds, the state asked the High Court to rule void the Criminal Court’s dismissal of the four cases, and to order the court to rule on the cases anew.

Nazim dismissed the state’s allegations in court today, local media reported. Speaking on his behalf, his lawyer alleged that the state’s appeal case was “based around a lie”.

Nazim’s lawyer responded to the state’s allegation that the Criminal Court had not followed procedures by claiming that the court had presented the state with an opportunity to present their case during hearings.

The defendant’s lawyer also alleged that the witnesses named by the state had not been presented in court as they were not believed to be fair or impartial witnesses.

Last month, Nazim slammed PG Ahmed Muizzu in parliament, stating that he had failed to either come to a decision on or forward to court some 72 percent of cases submitted to his office by the Maldives Anti-Corruption Commission (ACC).

The criticisms levelled by Nazim were dismissed at the time by the PG himself, who said that the claims were inaccurate.

PG Ahmed Muizzu and MP Ahmed Nazim were not responding to calls at the time of press.

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Man sentenced to 24 years imprisonment for molesting his daughters

A 50 year-old man man from Maalhendhoo in Noonu Atoll has been sentenced to 24 years in prison after being found guilty by Kendhikolhudhoo island court of molesting his two teenage daughters, police have said.

According to authorities, the two girls would have been aged 13 and 17 in August last year when complaints were first submitted to Manadhoo Police Station in Noonu Atoll over the abuse.

News of the sentencing comes as authorities this week announced two people had been arrested over separate cases of child abuse alleged have occurred since the beginning of the year.

As part of its investigations, the police said they had arrested a 49 year-old male on January 2 on suspicion of molesting a 6 year-old girl on the island of Nilandhoo in Faafu Atoll.

Officers on the island, also based in Faafu Atoll, were called to attend a scene where a man was allegedly molesting the minor. Police said that officers had arrived at the scene in time to catch the suspect committing the crime.

According to police, the 49 year-old suspect was now being held under pretrial detention. His detention has been extended by Nilandhoo Court for 15 days.

Police this week also arrested a 54 year-old man over allegations he had sexually molested a 10 year-old girl on the island of Gahdhoo in Gaafu Dhaalu Atoll.

Police said the man was arrested yesterday [6 January 2013] at about 10:30pm.

Local newspapers have reported that the suspect was believed to be a relative of the victim.

December cases

Another three suspected cases of sexual abuse involving children or young women were reported to police last week.

On December 31, a 13 year-old living on Gahdhoo in Gaafu Dhaalu Atoll was reported to have sexually assaulted in an abandoned home on the island after being drugged and abducted, police have said.  Three suspects were arrested in connection to the assault.

The same day, a suspect wanted for questioning in connection to the sexual abuse of a 13 year-old girl in Male’ on December 30 handed himself  into police after authorities publicised his picture in the media.

Police also said they had arrested a 33 year-old male in connection with the rape of a girl below 16 years of age in Vili-Male’ on December 29, 2012.

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Former President’s Office under-secretary placed under house arrest

Former President’s Office Under-Secretary Ibrahim Rasheed ‘Hoara’ Ibbe, who stands accused of sexual offences against a 17 year-old girl, has been placed under house arrest.

Rasheed, who served in the President’s Office under the previous government of Mohamed Nasheed, had been kept in pretrial detention until yesterday (January 5) over the allegations.  The Maldives Police Service today confirmed that his detention had been extended for an additional 15 days under house arrest.

Rasheed was arrested on December 6, 2012, after being discovered at a house in the Galolhu Ward  of Male’ with a seventeen year-old girl.

A Criminal Court Spokesperson had told local media that Rasheed was brought before a judge yesterday for a hearing on whether to extend the period of his detention. The presiding judge decided that the suspect was to be placed under house arrest for the next 15 days, according to reports.

Police Sub-Inspector Hassan Haneef today confirmed to Minivan News that Rasheed was now placed under house arrest, but could not give further details of the case as it was related to a minor.

‘’In such cases related to minors we do not provide details,’’ he said.

Haneef also declined to confirm local media reports alleging Rasheed and the 17 year-old girl had been found naked when discovered together by police.

Ibrahim Rasheed is a well known politician and a senior figure within the opposition Maldivian Democratic Party (MDP).

Legal grounds

According to Maldivian law, any person under 18 years of age is considered a minor.

Special provisions relating to child sex abuse cases state that “for the purpose of this law, unless proven otherwise, the courts shall not accept that the sexual activity was carried out with the consent of the minor, if the minor is between the ages of 13 to 18.”

Sexual offences involving minors is punishable by up to 25 years imprisonment.

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Criminal Court extends detention of ‘Reeko’ Moosa’s son-in-law

The Criminal Court yesterday (January 2) extended the pretrial detention period of Abdulla Javid, son-in-law of opposition Maldivian Democratic Party (MDP) Chairperson and MP ‘Reeko’ Moosa Manik, following his arrest in early December.

Criminal Court Spokesperson Ahmed Mohamed Manik today told Minivan News that the suspect’s detention period had been extended by an additional 15 days.  Manik said he could not confirm any other details of the case at present.

Abdull Javid was arrested on December 4, 2012.  Police have not officially confirmed the charges against him.

Police Spokesperson Sub-Inspector Hassan Haneef said today that authorities would be giving information related to its investigations into the murder of Progressive Party of Maldives (PPM) MP Dr Afrasheem Ali only during press conferences held for the specific purpose.

Following the suspect’s detention, the MDP last month accused the Maldives Police Service of attempting to pin Afrasheem’s murder on members of the opposition party rather than going after those guilty of the crime.  The MDP has continued to call for Javid’s release since.

Javid had unsuccessfully attempted to appeal the first extension of his detention at the High Court.

A lower court ruling at the time stated that Javid had been brought under police custody in connection with the murder of Ungoofaaru Constituency MP Dr Afrasheem.  However, the High Court supported the lower court’s decision to hold Javid in detention for the investigation of the case on the grounds that police had obtained a phone call recording as evidence.

The court ruled that the phone call was an adequate evidence to suspect someone of a crime, referring to the constitution’s article that allows holding persons accused of a crime at pretrial detention.

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

He 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 PPM, established by former President Maumoon Abdul Gayoom.

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

During the investigation of the Mp’s murder, police have offered a reward of MVR500,000 for anyone providing substantial information on the case.

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High Court supports lower court’s decision to extend detention of Abdulla Javid

The High Court has upheld a  Criminal Court order to extend the detention of Abdulla Javid, the son-in-law of Maldivian Democratic Party (MDP) Chairperson and MP ‘Reeko’ Moosa Manik.

The High Court’s ruling stated that Javid was arrested in connection with the murder of late MP and Religious Scholar Dr Afrasheem Ali, and that at police had a phone call recording as evidence to support their accusation against Javid.

The case was filed at the High Court by Javid claiming that the Criminal Court’s extension of detention order was unlawful, however,the High Court ruled that there was no reasonable ground so support this.

Police Sub-Inspector Hassan Haneef told Minivan News that police policy when providing information about Dr Afrasheem’s death was to keep all information until the next press briefing.

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).

He said 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 the permissibility of playing music, and praying next to the deceased.

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Police fail to bring murder suspect to court

Police on Thursday failed to bring murder suspect Mohamed Samah to the Criminal Court for sentencing.

A court official told local media that the verdict was due to be delivered at Thursday’s hearing, which was cancelled after police did not bring the accused to court despite repeated requests by the judge.

Samah is accused of stabbing police Lance Corporal Adam Haleem to death on the island of Kaashidhoo in Kaafu atoll on July 22.

Following his arrest, Samah confessed to the crime and asked for forgiveness, claiming that the incident occurred while he was under the influence of drugs.

At the last hearing in early November, Samah however told the judge that police extracted the confession through torture.

Samah reportedly told the judge that he would prefer to face the death sentence under Islamic shariah than endure torture in custody.

The judge revealed at the last hearing that three of Haleem’s heirs had opted for qisas (retaliation or death for death).

Following Thursday’s hearing, the Criminal Court – along with the Civil Court and High Court – broke for a 15-day recess. The murder trial will therefore resume after December 15.

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High Court overturns Criminal Court’s July 2010 suspension of senior police officers

The High Court on Tuesday overturned the Criminal Court’s suspension of two senior police officers in July 2010, ruling that Chief Judge Abdulla Mohamed’s decision to bar Superintendent Mohamed Jinah and Inspector Mohamed Riyaz from the court for six months was unlawful.

The pair was suspended after they appeared in court over the detention of then-opposition MPs Abdulla Yameen, Ahmed Nazim and Gasim Ibrahim on charges of bribery and treason.

The suspension for alleged contempt of court was appealed at the High Court by the Attorney General’s Office on July 21, 2010.

Police meanwhile filed a complaint against the chief judge at the Judicial Service Commission (JSC) alleging “obstruction of high-profile corruption cases.”

The JSC has however not completed an investigation of the complaint to date. The case is among 168 complaints that the commission has yet to conclude as of December 2011, according to the JSC annual report for 2011 (Dhivehi).

In January 2012, the JSC revealed that there were 11 complaints filed at the commission against Judge Abdulla Mohamed, including allegations of corruption and abuse of power.

Procedural fairness

In its judgment on Tuesday (Dhivehi) – more than two years after the case was registered – the High Court ruled that the administrative action against Jinah and Riyaz was neither procedurally fair nor in accordance with regulations on holding persons in contempt of court.

A police media official told Minivan News at the time that court had “sent a letter signed by the Chief Judge of the court to Police Commissioner Ahmed Faseeh. The letter did not mention any specific reason [for the suspensions], only ‘ethical grounds’.”

The High Court noted that the Criminal Court did not reply to a letter from the Maldives Police Service – sent two days after receiving the letter from the Criminal Court on July 11 informing the Police Commissioner of the suspension – seeking clarification concerning the unprecedented action.

Police had asked the court to clarify the date the hearing in question took place, the nature of the contempt allegedly exhibited by the pair or the alleged violation of ethical codes, whether it had taken place outside the hearing and whether the police officers were given any warning prior to the administrative action.

While article 43 of the constitution guarantees the right to “administrative action that is lawful, procedurally fair and expeditious,” the High Court noted that due process was not followed by the Criminal Court as the officers were not informed either of the reasons for the action or “the date of the incident”.

The High Court ruling also referred to article 68 of the constitution, which states, “When interpreting and applying the rights and freedoms contained within this Chapter, a court or tribunal shall promote the values that underlie an open and democratic society based on human dignity, equality and freedom, and shall consider international treaties to which the Maldives is a party.”

“Obstruction of investigations”

Appearing on state broadcaster Television Maldives (TVM) on July 17, 2010, then-Deputy Commissioner of Police Ismail Atheef explained that Jinah and Riyaz had appeared in court on July 9.

However, the letter from Chief Judge Abdullah Mohamed informing police of the suspension was received two days later on July 11.

“If someone is in contempt of the court, action has to be taken immediately according to provision five of the court regulations,” he noted.

Atheef added that the detectives were not given any warning nor had their conduct in court been noted by the journalists who were present.

“So when this letter came to us, the way police interpret it is that this is an obstruction specifically of our investigation,” he claimed.

It was the first time that police officers were suspended from the Criminal Court, Atheef said.

The former Deputy Commissioner contended that the suspension was a deliberate obstruction because Riyaz and Jinah, as the two lead detectives and top police lawyers, would have had to appear at court to seek an extension for MP Nazim’s detention.

Meanwhile, Jinah was among a number of senior officers assaulted by mutinying police inside the police headquarters before the controversial transfer of presidential power on February 7, 2012.

Following the police mutiny at the Republic Square and violent clashes with military officers, Jinah was handcuffed and taken to the Dhoonidhoo detention island.

Local media reported this week that Jinah was demoted from the rank of chief superintendent to superintendent on November 19.

Jinah was reportedly demoted over remarks he made to the media following the arrest of Gassan Maumoon, son of former President Maumoon Abdul Gayoom.

However, in June this year, the Civil Court ruled in favour of Jinah in a case filed by Gassan claiming violation of his basic rights by the superintendent. In October 2011, Gassan was arrested on suspicion of hurling a wooden block into a crowd of Maldivian Democratic Party (MDP) protesters outside the former president’s residence.

While the former head of the Drug Enforcement Department (DED) has reportedly decided to leave the Maldives Police Service, police have said the request made last month has not yet been granted as the disciplinary board was investigating a case involving the senior officer.

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