Tag: criminal court

High Court rejects Gassan’s case

The High Court has rejected the appeal submitted by Attorney General (AG) to re-arrest Gassan Maumoon, son of Former President Maumoon Abdul Gayoom and to rule that his arrest was lawful, after the Criminal Court last week found that his detention was unlawful and ordered his release.

According to local newspapers the High Court rejected the case because the case was presented 48 hours after the ruling was made, and secondly because the case was presented by the AG.

The High Court said the AG cannot present criminal cases to the court on behalf of the state and that only the Prosecutor General (PG) has that authority.

Gassan Maumoon was arrested after a 17-year-old boy was severely injured in a Maldivian Democratic Party (MDP) protest against the judiciary that started near the Supreme Court and later moved towards the residence of former President.

The 17-year-old was struck in the head by a wooden plank that was allegedly thrown down from the former president’s residence. Gassan was subsequently accused of the violent act.

After the Criminal Court ruling, the police said they were confused whether the arrests made in the past will be lawful and said they were considering the release of many dangerous criminals who were arrested according the same procedures used with Gassan.

Following the ruling the police met with PG Ahmed Muiz for advice. The PG allegedly told the police officers to leave his office immediately.

The government concluded that it cannot work with the current PG and decided to forward a no-confidence motion against Muiz, which would lead to dismissal if passed.

However, the no-confidence motion has not been forwarded.

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High Court concludes hearings of MP Hameed’s appeal

The High Court concluded hearings last Thursday of the appeal by Independent MP Ismail Abdul Hameed of the Criminal Court verdict finding him guilty of abuse of authority.

The MP for Kaashidhoo was sentenced to one year and six months banishment after he was found guilty of misusing his authority as the former Director of Waste Management at the Male’ municipality to financially benefit a Singaporean company named Island Logistics in the purchase of a barge.

According to local media reports, Judge Abdulla Didi noted in the verdict 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 however signed a document claiming that the barge was delivered on schedule on April 28, 2008.

At the High Court hearing, Hameed’s lawyer however submitted documents showing Hameed visited Indonesia to claim the barge and a letter from the municipality to the Anti-Corruption Commission (ACC) requesting the barge be released.

Hameed insists he signed the delivery forms after the government officially claimed the barge. Moreover, Hameed’s lawyer argued that government violated the agreement by not making payments on time and Hameed negotiated with the company to ensure the delivery of the barge.

The state attorney countered that Hameed signed the documents before the barge arrived in the Male’ harbour.

The High Court adjourned the hearing after informing the parties that a verdict would be issued at the next court date.

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Mother of deceased premature baby receives 100 lashes for fornication

Aminath Shaira, age 30 of Finolhu/Noonu atoll Manadhoo, was publicly lashed 100 times outside the Justice Building for committing fornication. Lashing is the standard punishment for intercourse outside of marriage under Maldivian law.

Shaira was sentenced to one years’ imprisonment after she was identified as the mother of a premature baby that was found on 19 May in a Coast Milk tin in the bushes near the Vilimale’ powerhouse.

Forensic experts at the time claimed the baby was dead upon birth, and had been aborted after a five-month pregnancy.

Shaira was also sentenced to 100 lashes and one year’s house arrest for fornication, the Criminal Court confirmed today. Officials said she would be transferred to a prison in the next few days.

Shaira had been charged with disobedience to an order under article 88(a) of the 1968 penal code as well as violations under the Child Protection Act.

Fingerprints belonging to Mariyam Rizna, 18, of Guraidhoo in Kaafu Atoll, had been found on the Coast Milk tin at the time. Rizna was sentenced to six months in prison for helping Shaira deliver the baby.

A third suspect, Aishath Aniya, 24, of Huraa in Kaafu Atoll, was released after the court determined that there was not enough evidence to prove that she had provided abortion pills to the defendant.

Police were unable to identify the baby’s father at the time, and Shaira did not reveal his name.

Abortion is illegal in the Maldives except to save a mother’s life, or if a child suffers from a congenital defect such as thalassemia. Anecdotal evidence, however, points overwhelmingly to a high rate of abortion and unwanted pregnancy.

Around the same time as Sharia’s arrest, a dead infant was found in a plastic bag in Male’s swimming track area. A medical examination later concluded that the baby had sustained cuts, bruises and other wounds, an indication of possible abortion practices.

In November 2010, an abandoned newborn was discovered alive in bushes near the Wataniya telecommunications tower in Hulhumale’.

In January 2010, Minivan News reported that many women unable to travel to Sri Lanka resort to illegal abortions performed by unskilled individuals in unhygienic settings.

Deputy Minister of Health and Family Fathimath Afiya told Minivan News that a meeting was held today to discuss reproductive services in the Maldives. While Maldivian and Shariah law criminalise abortion and intercourse outside of wedlock, Afiya said communication between relevant services and the judiciary made it difficult to fully address each case.

“There needs to be an appropriate legal framework for reporting these cases to the services that could help unmarried and teenage women in compromised positions,” said Afiya. “We are very concerned about the rising number of unwanted pregnancies and abortions by married and unmarried women. Today, we began formulating an action plan for short- and long-term improvements.”

The action plan, which will be finalised during a half-day workshop in November, aims to create awareness of the challenges that pregnant married or unmarried women face, and the comparative lack of appropriate services, among citizens and legislators.

“The situation is very serious, I was surprised at the work that needed to be done to improve the situation,” Afiya said.

Sexual education is not administered per se in the Maldives, and the only official study of reproductive health was done in 2004. Other unofficial studies have noted that very little information is available on the subject.

According to Afiya, up to three cases of abortion are reported by Indira Ghandi Memorial Hospital’s (IGMH) family protection unit–a scant slice of the real picture. Most abortions go unreported or are only brought to medical professionals when an unsafe abortion has damaged the mother.

The stigma of having a child out of wedlock appears to drive women to grave action. Some use abortion-inducing pills or receive injections from amateur abortionists; others turn to harmful vaginal preparations, containing chemicals such as bleach or kerosene. Although infrequent, some women insert objects into their uterus or induce abdominal trauma.

Afiya said the situation is not limited to abortions – an increasing number of women abandon their babies at the hospital after birth.

“Some will just leave after giving birth. It does happen somewhat regularly,” she said.

In 2009, a young woman convicted of having extra-marital sex was also flogged. Amnesty International called for a moratorium on the “inhumane and degrading” punishment in the Maldives.

Although flogging is still a legal form of punishment in many Muslim countries worldwide, Amnesty officials claim that it specifically discriminates against women. Of the 184 people sentenced to lashing in 2006, 146 were female.

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Police considering legality of 300 arrests in wake of Criminal Court’s release of Gassan

The Maldives Police Service is reviewing the legality of a number of arrests made under article 46 of the constitution, after the Criminal Court ruled last night that the arrest of Gassan Maumoon, son of former President Maumoon Abdul Gayoom, was unlawful.

Police Sub-Inspector Ahmed Shiyam explained that police were studying the cases to determine whether the arrests were lawful in light of the Criminal Court precedent, and considering releasing the suspects.

Chief Judge Abdulla Mohamed ruled last night that Gassan was arrested in violation of article 46 of the constitution and a Supreme Court precedent establishing criminal justice procedures.

Article 46 states, “No person shall be arrested or detained for an offence unless the arresting officer observes the offence being committed, or has reasonable and probable grounds or evidence to believe the person has committed an offence or is about to commit an offence, or under the authority of an arrest warrant issued by the court.”

Gassan’s lawyers argued at court that as the former President’s son was taken into custody without an arrest warrant after he was summoned for questioning, the circumstances of his arrest does not fit the exceptions provided for in the constitution where suspects could be arrested without a court order.

Sub-Inspector Shiyam however said there were “dangerous criminals we have arrested following the same procedure for committing offences such as child molestation, drugs and assault and battery.”

Police were currently reviewing the cases of “over 300” suspects to determine if their arrests were constitutional, he said.

Responding to the legal arguments from Gassan’s lawyers at the Criminal Court hearing yesterday, Police Superintendent Mohamed Jinah said if Gassan’s arrest was unlawful, “every one police have arrested and brought before the court [for extension of detention] was arrested in violation of the constitution.”

Jinah insisted that the arrest was lawful as police had reasonable grounds to suspect Gassan had committed a crime and were prepared to submit early evidence for an extension of detention.

Speaking to Minivan News today, Progressive Party of Maldives (PPM) Spokesperson MP Ahmed Mahlouf said the police statement was intended to “put the lid on Gassan’s arrest,” which he said had drawn public anger towards the government.

Mahlouf noted that only the Criminal Court, High Court or Supreme Court could order the release of suspects held in remand detention and “not the President’s Office or Home Ministry.”

“And the only way to change a Criminal Court ruling is to appeal it at the High Court,” he said, adding that the Supreme Court precedent in July 2010 established that only the Prosecutor General could file such appeals.

The PPM also filed three complaints at the Police Integrity Commission (PIC) regarding Thursday’s disturbances, Mahlouf said, which involved the police reaction to the MDP protest outside the Supreme Court and police failure to intercede when MDP activists damaged the property of the former President.

The party also filed a complaint about the summons chit sent to Gassan Maumoon, he continued, which he argued was “unlawful” as the former President’s son had exercised his right to remain silent when he was first summoned on Saturday.

The PIC had invited PPM members for a meeting regarding the complaints at 12:00pm tomorrow, he said, adding that the commission had formed three committees to investigate the matter.

Two activists of the ruling Maldivian Democratic Party (MDP) arrested for their involvement in disturbances outside the former President’s residence, Endherimaage, last Thursday were meanwhile released from custody today.

The Criminal Court yesterday approved a five-day extension of detention for MDP activist Ilham. Following his release last night, Ilham’s lawyer Abdulla Haseen said Gassan was arrested on suspicion of endangering a person’s life while Ilham was arrested on suspicion of damaging personal property during Thursday’s protest.

But, said Haseen, while Ilham was handcuffed and had his detention extended by the court, Gassan was treated very differently.

Supporters of the former PPM attacked Housing Ministry’s State Minister Dr Mohamed Shareef yesterday when he arrived from a conference in Bandos while PPM activists were demonstrating outside the police headquarters.

Sub-Inspector Shiyam said today that no arrests had been made yet in connection with the attack, footage of which was shown on Villa Television yesterday. The PPM supporters also stormed into the Home Ministry and met with senior officials to complain of Gassan’s arrest.

No-confidence

President’s Office Press Secretary Mohamed Zuhair meanwhile told Minivan News that in the wake of yesterday’s Criminal Court ruling, “all the arrests made in the past using the same procedure will be unlawful.”

Zuhair revealed that a team of senior police officers met with Prosecutor General (PG) Ahmed Muiz today to discuss the implication of last night’s precedent.

“He did not speak on the issue and rather questioned the police about some past incidents that he asked police to investigate and told the police to leave the PG Office immediately,” Zuhair said.

Following the actions of the PG, said Zuhair, the executive believed the government could no longer work with him.

“We will file a no-confidence motion against him [in parliament] very soon,” he said.

PG Muiz was unavailable for comment today.

PPM Spokesperson Mahlouf said the party would do “everything we can to save the PG” and such targeting of independent institutions the government was displeased with was “unacceptable.”

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Gassan summoned to Criminal Court

The Criminal Court has summoned Gassan Maumoon, son of former President Maumoon Abdul Gayoom, after his lawyers Aishath Azima Shukoor and Mohamed Waheed filed a case against the police claiming that his arrest Monday morning was unlawful.

Gassan was arrested and taken to Dhoonidhoo police custodial this morning after he allegedly dropped a large piece of wood on Maldivian Democratic Party (MDP) protesters gathered near his house on Thursday.

Today in court Gassan’s lawyers claimed that the arrest was unlawful and violated the Supreme Court’s procedure on arresting persons.

However, the police have submitted witness statements and evidence to court, and requested an extension of detention for further investigation.

Last Thursday 17 year-old Hussein Hassan was critically injured by a piece of wood while he was inside a group of MDP members protesting against manipulation of the judiciary by members of the former government. A spokesperson for Indira Gandhi Memorial Hospital (IGMH) later said his condition had stabilised.

MDP supporters alleged that Gassan had dropped the piece of wood that hit Hassan, while supporters of the former Presdient’s Progressive Party of Maldives (PPM) claimed it was thrown by MDP supporters.

PPM supporters gathered near the Criminal Court today calling for the immediate release of Gassan.

Protesters also attempted to break through police lines and enter the court area. However, leading PPM figures controlled the protesters and asked them to be quiet until the hearing had concluded.

Police today blocked the roads to the Criminal Court and have maintained control of the whole area.

The hearing started at 4:00pm this afternoon and was still continuing four hours later.

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Deputy Speaker Nazim submits six witnesses in corruption trial

Deputy Speaker of Parliament MP Ahmed Nazim submitted six witnesses in his defence last week at the ongoing corruption trial at the Criminal Court.

The minority opposition People’s Alliance (PA) MP is facing multiple counts of conspiracy to defraud the former Atolls Ministry.

Among the witnesses submitted by Nazim at Thursday’s hearing were MP Ahmed “Redwave” Saleem, who is also facing similar charges of corruption for his role in the alleged scam as director of finance at the now-defunct Ministry of Atolls Development.

The fraudulent purchases of harbour lights, national flags and mosque sound systems were first flagged in an audit report released in early 2009.

Following an investigation into the allegations in the report, Chief Inspector Ismail Atheef said at a press conference in August 2009 that police had uncovered evidence that implicated former Atolls Minister Abdullah Hameed along with MPs Saleem and Nazim in a number of fraudulent transactions.

Police exhibited numerous quotations, agreements, tender documents, receipts, bank statements and forged cheques showing that Nazim 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 maintained that money was channelled through the scam to Nazim who laundered cash through Namira Engineering and unregistered companies.

Thursday’s hearing meanwhile focused on charges that Nazim used employees of Namira Engineering while he was the company’s Managing Director to submit bids in the name of two companies called Tech Media Service Pvt Ltd and Standard Electric Works Pvt Ltd to provide 220 harbour lights to the Atolls Ministry.

Nazim allegedly received Rf1.9 million after Namira Engineering was awarded the project.

Nazim however presented as witnesses two directors of Tech Media Service and a director of Standard Electric Works to prove that both companies were aware that a bid was submitted in their names.

MP Saleem and a former employee of the Atolls Ministry, Moosa Naeem, was submitted as witnesses to establish that the ministry received the 220 harbour lights.

The prosecution meanwhile presented as evidence the police investigation report, cheques issued by the state and bogus letterheads found during a police raid on Namira Engineering in May 2009.

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Criminal Court convicts two individuals listed as dangerous by police

The Criminal Court yesterday convicted two persons identified by police as dangerous criminals.

The court identified the pair as Hassan Ali of Fares-Mathoda in Gaafu Dhaalu Atoll, who was sentenced to three years, and Aseel Ismail, who was sentenced to seven years.

The pair was sentenced after the Criminal Court found them guilty of attacking Riluwan Faruhath last year in December, on Boduthakurufaanu Magu in Male’.

At today’s hearing the judge said that Aseel had confessed that he had an altercation with Riluwan that day and attacked him with a machete.

Hassan was charged for assisting Aseel in fleeing after attacking Riluwan.

In March this year, Hassaan and Aseel were arrested again during a special operation conducted to avoid potential clashes between rival gangs following the fatal stabbing of 21 year-old Ahusan Basheer.

Recently two individuals, Ali Shareef and Maadhih Mohamed, were sentenced to jail after the court found both guilty of stabbing Ismail Firdhause of Feydhoo in Addu City on February 24 2011, when he got off the Hulhumale’ ferry.

Because it was the first time both had been found guilty of a crime violating the Act, Maadhih was sentenced to eight years and Shareef to 12 years in prison.

Both had denied the charges against them, however the court granted the police authority to hold them in custody until their trial was concluded.

Maadhih and Shareef both admitted that they were in the area when the incident occurred but denied that they were involved in it or that they knew anybody in the gang that attacked Firdhause.

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Man sentenced to six months for possession of sex toys

The Criminal Court has sentenced a man to six months imprisonment after the police discovered two plastic sex toys inside his room.

The court identified the offender as Musthafa Hussein of Mahchangolhi Feyruge.

According to the Criminal Court, possession of objects shaped like sexual organs were prohibited under articles 4(c) and 13(c) the Contraband Act of 1975.

While article 4 of the Act states that pornographic material cannot be brought into the country, under article 13[c] images, sounds or videos depicting sexual activities as well as objects made to look like sexual organs shall be considered pornographic material for legal purposes.

Musthafa was therefore charged with possession of pornographic material.

The sex toys were discovered by police when they searched his room during a special operation on April 30, 2011.

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Fifteen suspected drug kingpins loose, President reveals

Some 15 suspected drug kingpins arrested on charges of drug trafficking are loose in society and “there’s no way to even know when they will face trial,” President Mohamed Nasheed revealed in his weekly radio address on Friday.

Speaking from Dhidhoo in Haa Alif Atoll during a tour of Thiladhunmathi, President Nasheed expressed concern with suspects in high-profile cases released from detention while they were awaiting trial.

“Since the Prosecutor General’s Office (PGO) can only press charges after the investigation is complete, a long period [spent on investigation] provides the opportunity to influence witnesses, change their testimony and produce false testimony,” he explained.

Among other main challenges for securing convictions, said Nasheed, “it is also a problem when scientific and other kinds of evidence has no weight due to the absence of rules or guidelines to assess evidence presented to trial and the crime is not proven in major cases.”

Moreover, he continued, suspects arrested with large amounts of cash were not required to account for the money while Criminal Court judges often issued inconsistent rulings in similar cases.

As drug-related cases are heard only by the Criminal Court in Male’, Nasheed observed that a large backlog of cases was pending and “[suspects] have the opportunity to repeat the offence until the trial date”.

He added that it was important to amend the law to allow island courts to try local drug dealers.

The Criminal Court meanwhile issued a two-page press release the day after the President’s remarks dismissing criticism of the courts as having “no legal weight” and stating that “trying to shift the blame to another every time you are faced with something is not responsible.”

The constitution assured all citizens the right to be considered innocent until proven guilty, the Criminal Court statement noted, “therefore all should believe that everyone brought before the court on suspicion of committing a crime cannot be detained and that everyone who faces criminal charges cannot be found guilty.”

The court also noted that lower court rulings, court orders and verdicts could be appealed at the High Court.

“The court does not consider the seriousness of the allegations against a person,” it reads. “The court considers the evidence presented against the person. Submitting evidence is not something the court does. What the court does is assess and weigh the evidence presented.”

The Criminal Court referred to article 49 of the constitution, which states that, “No person shall be detained in custody prior to sentencing, unless the danger of the accused absconding or not appearing at trial, the protection of the public, or potential interference with witnesses or evidence dictate otherwise. The release may be subject to conditions of bail or other assurances to appear as required by the court.”

The court also reiterated a recurring complaint that according to court records a number of suspects brought before the court had previously been sentenced to long jail terms and “no authority of the state could prove that even one of these people had been released to society on a Criminal Court order.”

Top six

Speaking to islanders of Dhevvadhoo on May 2, 2009, President Nasheed said that the identities of the top six drug dealers in the country were known to the government.

However, he added that the arrests would be viewed as politically-motivated because they included members of the opposition. Nasheed’s remarks were made a week before the parliamentary elections.

Press secretary Mohamed Zuhair told Minivan News at the time that arresting the six would effectively stop the supply of narcotics into the Maldives.

Of the six, who were responsible for “budgeting, importing and distributing” drugs, some had fled the country, he said, and Interpol had been notified.

Meanwhile, according to police statistics, the number of reported drug-related cases declined in 2010 from 2,484 in 2008 and 2,366 in 2009 to 1,618 last year. The Drug Enforcement Department (DED) investigated and forwarded 844 cases for prosecution.

However overall conviction rates were low – of the 17,854 cases closed in 2010, 3323 were sent to the PGO. Of these, 1108 were sent back and 776 ended in convictions. Only 75 convictions were recorded from cases begun in 2010.

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