Tag: criminal court

Criminal Court orders release of Dr Jameel, rules arrest unlawful

The Criminal Court ordered the immediate release of minority opposition Dhivehi Qaumee Party (DQP) Deputy Leader Dr Mohamed Jameel Ahmed from police detention for a second time tonight, ruling that his arrest on charges of slandering the government was unlawful.

The former cabinet minister under both current and previous governments was first summoned for questioning Thursday night after the President’s Office requested an investigation into “slanderous” allegations that the government was working under the influence of “Jews and Christian priests” to weaken Islam in the Maldives.

Jameel was taken into custody on Sunday night after being repeatedly summoned for interrogation along with DQP council member ‘Sandhaanu’ Ahmed Didi.

Chief Judge of the Criminal Court, Abdulla Mohamed, ordered his immediate release after midnight and ruled that the arrest was unlawful. Police however summoned Jameel again last night and took him to Dhoonidhoo detention.

Dr JameelSpeaking to press outside the Justice Building following his release around 9.30pm tonight, Dr Jameel criticised police for arresting him for a second time for the same offence despite the court ruling that the arrest was unlawful.

Jameel said the court has vindicated DQP’s stance that the government could not silence the opposition “every time we stand up and speak in defense of the country’s sovereignty, independence, businesses and mostly importantly the country’s religion.”

The former Justice Minister explained that the court ruled that section 125 of the 1968 penal code was invalid in reference to articles 27 and 66 of the constitution.

Section 125 of the penal code states, “Where a person makes a fabricated statement or repeats a statement whose basis cannot be proven, he shall be punished with house detention for a period between one to six months or fined between Rf25 and Rf200.”

In an earlier statement, DQP noted that the provision was “one of the most frequently invoked clauses by the 30-year rule of President Gayoom to suppress press freedom and dissenting views,” arguing that the liberal constitution adopted in 2008 and decriminalisation of defamation in 2009 rendered the offence of slander or lying “invalid.”

While article 27 of the constitution guarantees freedom of expression “in a manner that is not contrary to any tenet of Islam,” article 66 states, “All existing statutes, regulations, decrees and notices inconsistent with the fundamental rights and freedoms provisions in this Chapter shall, to the extent of the inconsistency, become void on the commencement of this constitution.”

Jameel meanwhile strongly criticised police officers involved in his arrest for allegedly questioning him after he exercised the right to remain silent.

“In my view, what these few police officers have done is rob the Maldivian people of constitutional protections,” he said.

Meanwhile, roving protests by opposition supporters – sparked by the arrest of Jameel and the unprecedented move by the Maldives National Defence Force’s (MNDF) to take Criminal Court Chief Judge Abdulla Mohamed into custody last night – continue in Male’.

As of press time, protesters were headed towards the residence of Home Minister Hassan Afeef.

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Controversial blogger and “prisoner of conscience” released from custody

Ismail ‘Khilath’ Rasheed was released from police custody last night, where he had been held since December 14 without charges while police investigated his role in a peacefully-intended protest held on December 10.

Police confirmed that Rasheed was released on a court order, and said that the investigation into his involvement in a silent peaceful protest on December 10 had been concluded with no findings against him.

Rasheed was arrested on December 14 for his involvement in a protest for religious tolerance held at Male’s Artificial Beach on International Human Rights Day. The group of approximately 30 protestors were attacked with stones, and Rasheed was taken to the hospital with head injuries.

Rasheed’s detention was twice extended by the court, which subsequently launched an investigation into the contents of his controversial blog which was previously blocked by the Islamic Ministry on the grounds that it contained anti-Islamic content.

After Rasheed’s detention was extended a second time on December 27, Islamic Minister Dr Abdul Majeed Abdul Bari requested parliament’s National Security Committee to include a clear, strong punishment for those advocating religious freedom within the Maldives in the new Penal Code currently at committee stage.

Meanwhile, Amnesty International declared Rasheed a prisoner of conscience, and Reporters Without Borders (RSF) challenged Bari’s argument that calling for freedom of religious was unconstitutional within a democratic Muslim society.

“The Maldivian constitution bans the promotion of any religion other than Islam but guarantees freedom of assembly and expression as long as it does not contravene Islam. Rasheed professes to be an adherent of Sufism, which emphasises the inner, spiritual dimension of Islam,” read the statement by RSF.

Minivan News was unable to reach Rasheed at time of press.

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Man sentenced twice for same offence sues for Rf10 million in damages

A man sentenced by two different courts for the same offence has sued for damages in excess of Rf10 million, reports Haveeru.

Ali Shareef, of Laamu Gan Iruvai, was first sentenced by the island magistrate court for participating in an unlawful assembly in 2004 and fined Rf75.

However in 2007, Shareef was brought before the Criminal Court in Male’ on the same charge and sentenced to four months imprisonment.

Shareef served 61 days of the sentence in jail. The High Court has since overturned the Criminal Court verdict, which prompted Shareef to sue for Rf10.8 million in compensation for unlawful detention.

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Man walks free after 2-year murder trial

Mohamed Waheed of Maafanu Goalwich, accused of murdering his girl friend’s eight-month old child in June 2009, has been freed by the Criminal Court on the grounds that the Prosecutor General’s Office (PG) failed to prove he committed the crime during the two year long trial.

Judge Abdullah Didi who heard the case concluded today that Waheed refuted the murder charge, while no substantial evidence was provided to the court by PG to prove that Waheed had caused any harm to the child.

The Judge noted that in cases such as this, the prosecutors must prove the alleged party is guilty “beyond reasonable doubt” and since enough evidence was not presented, the court acquitted Waheed.

However, the baby’s mother, Noorzaadha Ali of Addu Atoll Hithadhoo, was sentenced to six months imprisonment in April 2011 for negligence.

Ali was not herself charged with murder, although the court ruled that she was in violation of elements of the Penal Code.

According to local media, the presiding judge said at the time that the suspect had not vaccinated the baby, taken proper care to clean the child, and failed to explain internal and external injuries to her child.

On the basis of these findings, the judge declared that Nooruzaadha had neglected her duties as a mother.

The eight-month-old baby boy died in the intensive care unit of Indira Gandhi Memorial Hospital (IGMH)  in June 2009.

Three suspects were arrested in connection with allegations that he had been physically and sexually abused. These suspects included the victim’s mother, then 28; her boyfriend Mohamed Waheed, then 46 and from Male’; and a third man whose identity has not yet been revealed.

Addressing media at the time, Inspector Hamdhoon Rasheed, head of the police investigation unit, said initial test results revealed the baby had extensive injuries. The examination also revealed signs of sexual abuse.

Rasheed said the boy had suffered head and neck injuries, and was covered in scratches. The hospital reported the case to police after Waheed took the baby in for medical care.

Nooruzaadha has a long history of criminal activity, according to both police and the prosecutor general’s office.

She was arrested twice in 2002, once for sexual misconduct and the second time for prostitution, said Deputy Prosecutor General Hussein Shameem.

She was sentenced to eight months house arrest for the first offence, which she breached, and six months imprisonment for the second.

The same year, she was put under house arrest for disobedience of order, which she violated and was fined Rf150 (US$12). In 2006, she was arrested on the same charge and was ordered to spend two months in jail.

In 2004, Nooruzaadha was handed a six-year sentence for possession of drugs and in 2005 and 2007, she was given two 12-year sentences on each occasion for drug possession.

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Criminal Court issues Interpol red notice to arrest three suspects in Rf18 million fraud

The Criminal Court has issued an Interpol red notice for the arrest of three suspects involved in a Rf18 million (US$1.1 million) fraud case.

The three men are accused of transferring money to the Bank of Maldives from the State Bank of India joint saving account of the three owners of the motorcycle business ‘Sheesha’.

In a statement, police identified the three suspects as Ibrahim Shahid of Thulhadhoo in Baa Atoll, Mohamed Mustafa of Lhaimagu in Shaviyani Atoll and Mohamed Muthausim of the same island.

Following the incident, the three owners of Sheesha: Ahmed Hassan Manik, Hussain Husham and Ibrahim Husham, met with the press and said that the State Bank of India should take full responsibility for the fraud.

Hussain Husham told the media that the total amount of Rf 18 million was taken in two transactions and that the first transaction was made on November 9 and with the withdrawal of Rf 8.5 Million.

Later on December 20, the culprits withdrew a further Rf 9.5 Million from their account.

Hussain told the press that SBI transferred the money to an account with Bank of Maldives, using a forged document faxed to SBI.

He said the document had the name and signature of Ahmed Hassan Manik, and that the money transferred to Bank of Maldives account had already been withdrawn when they came to know about it.

He also said police arrested one person in connection with the case, but that the court had released him after determining that he was arrested unlawfully.

Husaain said the company had decided to sue the State Bank of India and that they should take full responsibility.

Police Sub-Inspector Ahmed Shiyam said police arrested the head of the group with some documents.

‘’But the court released him and he immediately left the country,’’ Shiyam said. ‘’We have another person held in detention, and we are looking for other three suspects including the person we arrested before.’’

Shiyam said yesterday an Interpol red notice was issued and that police were trying to locate the individuals through Interpol system.

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High Court invalidates Criminal Court verdict against police officer

The High Court has invalidated the Criminal Court’s ruling on a Police Drug Enforcement Department (DED) Officer.

The officer was accused of asking an inmate to find him two girls between the ages of 16 to 25 to have sex with him three nights from 8:00pm to 1:00am, and that in exchange the inmate was to be freed and the case dropped.

The High Court identified the inmate as Mabaah Waheed of Maafannu Jaina and the police officer as Police Constable Ahmed Ismail.

The Criminal Court had ruled that according to Mabaah’s statements, documents presented to the court and text messages sent to Mabah’s mobile phone warranted enough evidence to suggest claims made by Mabah against Ismail were true.

The High Court however noted that Mabaah was arrested by the police on a drug related matter in a case Ismail investigated, raising the possibility that Mabaah might have a grudge against Ismail and so his statements would be weak.

The High Court said in the ruling that Ismail had argued that evidences and statements given by Mabaah should be invalid because Mabaah was inclined to give false statements as Ismail had not commuted the investigation.

The texts allegedly sent to Mabaah by Ismail requesting for the girls were not tested by any digital analysis system, the High Court said, adding that there was not enough evidence to suggest the texts were really sent by Ismail.

The Court also said that there was no evidence other than the words of Mabaah that the documents, written in English, were given to him by Ismail asking for the two girls.

Delivering the verdict, the High Court said it was hard to believe that a person would give a document making such a request, and that the only evidence that the Prosecutor General has presented to the court was the document  and the text messages on the mobile phone, not enough to prove that the officer was guilty.

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JSC completes report on misconduct of Chief Criminal Court Judge

The Judicial Services Commission (JSC) has completed its investigation into the alleged misconduct of Chief Criminal Court judge Abdulla Mohamed.

The JSC has not yet decided whether to take action, however Supreme Court judge Adam Mohamed, also a member of the JSC, told local media this week that the Chief Judge had violated the Judges’ Code of Conduct by making politically contentious statements to local television media.

A JSC official who requested he not be named told Minivan News that while the report into Abdulla Mohamed’s misconduct had been completed, “there are still proceedures to follow. The judge will have 30 days to reply to the report, and then a decision will be made [whether to forward the matter parliament]. We are not obliged to give any information to the media until the report is finalised.”

The case against Abdulla Mohamed was presented to the JSC in January 2010 by former President’s member of the JSC, Aishath Velezinee, after Abdulla Mohamed appeared on private network DhiTV and expressed “biased political views”.

In 2005, then Attorney General Dr Hassan Saeed forwarded to the President’s Office concerns about the conduct of Abdulla Mohamed after he requested that an underage victim of sexual abuse reenact her abuse for the court.

In 2009 following the election of the current government, those documents were sent to the JSC.

Velezinee said today that this was the first time the JSC had ever completed an investigation into a judge’s misconduct.

“There are many allegations against Abdulla Mohamed, but one is enough,” she said.

“If the JSC decides, all investigation reports, documents and oral statements will be submitted to parliament, which can then decide to remove him with a simple two-thirds majority.”

Press Secretary for the President, Mohamed Zuhair, welcomed the JSC’s investigation and said that it had the potential to be the “first time ever that a Maldivian institution has decided against a judge.”

Abdulla Mohamed had presided over the ongoing corruption trial of Deputy Speaker and People’s Alliance (PA) MP Ahmed Nazim, Zuhair noted, in which he banned media from entering the courtroom.

A decision on Abdulla Mohamed would signal that the JSC intended to “clean up the judiciary”, Zuhair said.

He acknowledged that the executive had little ability to involve itself with the judiciary under new separation of powers, “however there is a clause that requires the President to ensure the rule of law and respect for justice, and respect for the Constitution.”

“There has been growing public concern within the President’s party over the impartiality of the judicial system,” Zuhair said.

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Laamu drug kingpin sentenced to 25 years imprisonment

The Criminal Court on Wednesday sentenced a man identified by the police as one of the top drug dealers in the Maldives to 25 year imprisonment for illegal trade of narcotics, with an additional five years for possessing an illegal narcotic without a prescription.

The Criminal Court identified the person as Hassan Yousuf, Mathimaradhoo ward of Gan in Laamu Atoll.

The court saidthat  according to police officers that attended the scene to arrest Yousuf, he was holding a cigarette pack in his hand when he saw the officers and he threw the pack away.

When police picked up the cigarette pack and searched it, they found two grams of heroin inside.

Yousuf was arrested last year September in a special operation conducted by police, after they were informed that he was in possession of illegal narcotics.

“Police and society have recognised him as the top dealer in Laamu Atoll, and he has now been caught for the second time,’’ said Head of Drug Enforcement Department Superintendent Ahmed Jinah, at the time. “A recent case involving him is in trial, and he was again caught with suspected narcotics.”

Jinah said Yousuf was in police custody and the court had granted an extension of his detention to 10 days.

“The atolls have lately been used by drug traffickers for transportation and establishing hideouts,’’ Jinah said. ‘’We have conducted special operations in the islands to curb the number of users and dealers, which is hard and challenging due to the low numbers of police officers in the atolls and the large areas [to cover].’’

Jinah in September said police had observed that Addu Atoll, Laamu Atoll and Noonu Atoll were being used by dealers and users for transportation of drugs and the construction of hideouts.

Another drug related case against Yousuf is still ongoing in the court.

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High Court upholds Criminal Court guilty verdict against MP Ismail Abdul Hameed

The High Court last night upheld the Criminal Court’s guilty verdict against Independent MP Ismail Abdul Hameed for corruption and abuse of authority as former director of waste management at the Male’ municipality.

Under article 73(c)(3) of the constitution, MPs found guilty of a criminal offence “and sentenced to a term of more than twelve months” would be stripped of their seat.

Hameed was accused of abused of authority to financially benefit a Singaporean company named Island Logistics in a deal to purchase a barge.

In the verdict delivered on August 29, Criminal Court Judge Abdulla Didi noted that the agreement stipulated the barge was to be delivered within 90 days of signing the agreement, upon which 50 percent of the value was to be paid to Island Logistics.

Although the barge arrived in the Maldives on October 23, 2008, Hameed had signed a a protocol of delivery and acceptance of the vessel on April 28, 2008.

The judge ruled that Hameed’s actions were intentional and in violation of the Anti-Corruption Act.

The High Court judges ruled unanimously last night that there were no grounds to overturn the guilty verdict.

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