Criminal Court has sentenced a man for four months house arrest after he tore up the court summon.
The Court said he was sentenced under article 88 [a] of the Penal Code.
The Court also cited article 4 [a] of the Court Regulation on Contempt of Court in ruling the case.
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(0)The Criminal Court has sentenced a woman to one year in prison after she was arrested in 2009 with 90 bottles of vodka. Alcohol is banned on inhabited islands in the Maldives.
The court identified the woman as Niuma Abdulhannan of Maamigili in South Ari Atoll.
On May 12 in 2009, police were informed that illegal narcotics were being traded inside the Kerinlight house in the Maafannu ward of Male’. Police attended the house and searched the room in which Niuma was living, the Criminal Court said.
The Criminal Court said that during the search, police discovered 90 bottles of vodka hidden in different places around the room.
The court said that the bottles were confiscated and tested positive for alcohol. Niuma was not able to convince the court that the alcohol bottles were legally imported and possessed according to the Trade Ministry’s regulations on importing alcohol.
The Criminal Court said the judge found her guilty of importing an item on the list of contraband. As it was the first time she was found guilty of such a crime, she was sentenced to one year imprisonment.
Alcohol is not mentioned in the current Drug Act, and the only Act that currently prohibits alcohol is the Import-Export Act.
(0)Dislikes(0)Delayed caused by broken drug-testing machinery have been resolved, Police Sub-Inspector Ahmed Shiyam told Minivan News today. Shiyam was responding to allegations that procedures at the Criminal Court had been delayed by malfunctioning machinery.
The Criminal Court could not confirm that there are no more pending cases.
Earlier today, Haveeru reported that drug-testing machines have been malfunctioning since June 14, causing a three-month delay in court procedures.
The report stated that police were unable to submit test reports to drug-related cases since mid-June, and that there was no alternative drug-testing method.
Police Sub-Inspector Ahmed Shiyam told Minivan News today that the issue has been generally resolved.
“The machine for drug detection normally works on an on-and-off basis, so this is not completely unusual for us” said Shiyam. “If there are problems, its our responsibility and we will fix it.”
Shiyam added that the police do have other means for detecting and testing illegal drugs, such as a forensics department.
“It is really important to get details and evidence to the court as soon as possible in these drug cases,” he said.
The Criminal Court reportedly learned of the malfunction when it enquired about a delay in drug-test reports. The court said several suspects in drug-related cases have complained about the processing delay, reports Haveeru.
Haveeru reported that the police were unable to verify the alleged drugs confiscated from the high profile drugs smuggling network busted on June 23.
About 1kg of alleged drugs and large amounts of cash were seized from the network.
(0)Dislikes(0)The Criminal Court has sentenced a man to six month imprisonment after he brutally assaulted his wife.
The Court identified him as Ahmed Visham of Gulhi in Kaafu Atoll, and his wife as Maryam Nashidha. Visham has denied the charges in court saying that the bruises and injuries on his wife’s body occurred after she “fell off the bed”.
The Criminal Court said that although Visham had denied the charges in court, his sister Maryam Nazna told the court that she woke up at midnight to the sound of Visham attacking Nashidha.
Nazna heard Nashidha crying and she also started crying, and the others in the house woke up to the sound of Nazna’s cry.
Nazna told the court that she heard Nashidha crying ‘’Help mother, father,’’ and later Visham was seen carrying his wife Naashidha out of the room.
The court said that Naashidha’s face was bleeding when she was brought out of the room, and the documents and pictures presented to the court showed that she had suffered major injuries.
The court said that Naashidha received medical treatment for the injuries she suffered and that there was enough evidence to believe that the injuries were caused by a willful attack inflicted on her by a person.
Visham was sentenced under article 126 of the penal code. The court said that it was the second time Visham had been found guilty of such a crime.
According to the Penal Code, any person found guilty of assault shall be sentenced to six months imprisonment, banishment, or house arrest, or shall be fined for an amount that should not exceed Rf 200 (US$13).
(0)Dislikes(0)Jumhooree Party (JP) Youth Wing leader Moosa Anwar has filed a case in the Supreme Court of the Maldives requesting that the Kaashidhoo seat in parliament be declared vacant, and Elections Commission (EC) hold a by-election to reelect an MP for the seat.
The Criminal Court last week sentenced Independent MP for Kaashidhoo, Ismail Abdul Hameed, to one year and six months banishment after he was found guilty of abuse of authority for financial gain to a third party.
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.
Article 78 of the constitution meanwhile states that “whenever there is a vacancy among the members of The People’s Majlis, an election shall be held within sixty days from the date of the vacancy. A by-election shall not be held within six months prior to a general election.”
Moosa said that that the Supreme Court could determine whether Hameed should be given 90 days to appeal or if the seat should become vacant immediately following the lower court’s ruling.
“It is uncertain whether the seat is vacant. I believe that the seat is vacant following the Criminal Court ruling on 29 August and that the Elections Commission should have announced the by-election within five days as stated in the Parliamentary Elections Act,” he said. “But the commission has not, so the confusion over the vacant seat has to be cleared up by the Supreme Court.”
In other democratic countries, he noted, MPs would resign on their own when criminal charges were made against them with clear evidence, describing it as “best practice”.
The Prosecutor General pressed corruption charges against Hameed alleging that he had abused his authority as the former Director of Waste Management at the Male’ municipality to financially benefit a Singaporean company named Island Logistics in a deal to purchase a barge.
Deputy Elections Commissioner Hassan Fayaz told Minivan News at the time that the EC will begin preparations for the by-election when parliament officially informs the commission that a seat is vacant.
“I think it will take some time because he has the right appeal the verdict in superior courts,” he told Minivan News at the time.
(0)Dislikes(0)The Criminal Court today sentenced Independent MP for Kaashidhoo, Ismail Abdul Hameed, to one year and six months banishment after he was found guilty of corruption.
Banishment is a traditional punishment in the Maldives in which those sentenced are forbidden to leave a designated island.
The Prosecutor General pressed corruption charges against Hameed alleging that he had abused his authority as the former Director of Waste Management at the Male’ municipality to financially benefit a Singaporean company named Island Logistics in a deal to purchase 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.
The judge ruled that Hameed’s actions were intentional and in violation of the Anti-Corruption Act.
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.
Article 78 of the constitution meanwhile states that “whenever there is a vacancy among the members of The People’s Majlis, an election shall be held within sixty days from the date of the vacancy. A by-election shall not be held within six months prior to a general election.”
Deputy Elections Commissioner Hassan Fayaz told Minivan News that the Elections Commission (EC) will commence work to hold the election of the vacant seat when the parliament officially informs the commission that a seat is vacant.
“If a seat is vacant the commission will hold the election to elect a member, but the parliament haven’t officially informed the commission about a vacant seat,” he said. “I think it will take some time because he has the right appeal the verdict in superior courts.”
However, according to media reports, Hameed has not indicatated that he will appeal the verdict at the High Court or not. The MP for Kaafu Atoll Kaashidhoo was not present for today’s vote on the government’s Goods and Services Tax.
Hameed had voted with the ruling Maldivian Democratic Party (MDP) in most votes during the past two years.
Speaking at a press conference today, ruling Maldivian Democratic Party (MDP) Chairperson ‘Reeko’ Moosa Manik criticised the judiciary and accused the Criminal Court of imposing double standards on MPs facing court cases.
Moosa claimed that Deputy Speaker Ahmed Nazim of the opposition People’s Alliance (PA) had dodged court summons eight times.
When Nazim finally appeared at court, said Moosa, the court barred journalists from observing the trial.
“If a parliament seat becomes vacant in any constituency of the Maldives, God willing, we at the MDP will do everything we can to win the seat,” he said.
(0)Dislikes(0)The Maldives Media Council (MMC) has condemned the Criminal Court for barring journalist from a corruption hearing involving Parliament’s Deputy Speaker and People Alliance Party (PA) MP Ahmed Nazim.
The council issued the statement following the Criminal Court judge’s decision, stating that the court’s claim that journalists were blocked because they gave a negative perspective on the court was not probable grounds to disallow journalists from hearing the trial.
The Council said that the Criminal Court’s decision would prevent the court from gaining public confidence.
The MMC’s press statement said the decision to bar journalists from the trial was “a huge challenge” for people’s right to a free press, as outlined in the Constitution.
Last Thursday, the Criminal Court refused to allow journalists to observe the hearing of Nazim’s ongoing corruption trial. Nazim is facing charges of multiple counts of conspiracy to defraud the former Atolls Ministry.
Local dailies Haveeru and Sun Online reported that the hearing was scheduled to start at 12:00pm, but was actually conducted one hour earlier at 11:00pm. The court had not informed any of the reporters who registered at the court that morning of the time change.
According to Haveeru, court reporters who learned of the time change and requested entry were told that “the judge has decided to hold a closed hearing.”
When asked by reporters to offer a reason for the closed hearing, the court official asked the reporters to wait, went inside and did not appear until the hearing was over.
Almost two hours after the hearing concluded, Criminal Court Media Officer Ahmed Mohamed Manik told the court reporters that had not been allowed to enter because “negative perceptions of the court were being created [among the public] because of some journalists.”
Queried by the court reporters, the Criminal Court official insisted that the judge was authorised to exclude the public from trials under article 42 of the constitution. Members of the public were allowed to attend today’s hearing.
Under normal court procedure, only trials involving child sexual abuse are closed to the public.
(0)Dislikes(0)A Criminal Court judge handling the case of two persons identified by police as “dangerous criminals” has claimed that police had “not cooperated” with the court and that both may have to be released.
Thursday’s hearing of the case against Ahmed Shareef of Gaafu Dhaalu Nadella and Maadhih Mohamed of Laamu Gan, had to be cancelled after police officers who were supposed to testify as witnesses failed to appear, according to local media.
The media reported the judge as saying that it was the fourth hearing in the trial that had to be cancelled because the two police officers did not appear, and stated that the court was informed that one police officer was on vacation while the other was not turning up for work.
The judge said that a hearing would be scheduled for next week and that if the two police officers failed to appear, the two suspects would be released from custody.
Police Sub-Inspector Ahmed Shiyam meanwhile said that police had always fully cooperated with the Criminal Court and had always produced persons necessary for trials.
“If we had failed to produce someone to the court we have always informed the court about it, and given a reason as to why we have been unable to present him,” Shiyam said.
Shareef and Maadhih are both charged of assaulting and stabbing Ismail Firdhaus, near the Hulhumale’ ferry terminal.
Both of them denied the charges against them, however, the court granted the police authority to hold them in police custody until their trial was concluded.
On February 17, Criminal Court’ Chief Judge Abdulla Mohamed released Ibrahim Shahum Adam, a 19 year-old who was arrested in August last year for allegedly murdering 17 year-old Mohamed Hussain.
Adam was presented to the Criminal Court with a police request to extend the period of detention, but Chief Judge Abdulla Mohamed noted that the Criminal Court had already extended the detention of Shahum by six months for investigation which had not yet been concluded.
Police blamed the Health Ministry, and told the judge that the investigation had not concluded because the ministry had not responded to a letter police sent in August 2010 requesting the medical report on the death of Mohamed Hussain.
Judge Abdulla told police this was not reasonable grounds to keep a person in detention.
Later the family of Ahusan Basheer, 21, who was fatally stabbed in a gang fight, accused Shahum of murdering Ahusan and blamed Judge Abdulla for releasing him.
(0)Dislikes(0)The Criminal Court refused to allow journalists to observe today’s hearing of the ongoing corruption trial of Deputy Speaker Ahmed Nazim, who is facing charges of multiple counts of conspiracy to defraud the former Atolls Ministry.
Local daily Haveeru and Sun Online reports that the hearing was scheduled to start at 12:00pm but was conducted one hour earlier at 11:00pm. The court did not inform any of the reporters who registered at the court this morning of the time change.
According to Haveeru, court reporters who learned of the time change and requested entry were told that “the judge has decided to hold a closed hearing.”
Asked by the reporters to offer a reason for the closed hearing, the court official asked the reporters to wait, went inside and did not appear until the hearing was over.
Almost two hours after the hearing concluded, Criminal Court Media Officer Ahmed Mohamed Manik told the court reporters that they were not allowed to enter because “negative perceptions of the court were being created [among the public] because of some journalists.”
Manik was not responding to Minivan News at the time of press.
Queried by the court reporters, the Criminal Court official insisted that the judge was authorised to exclude the public from trials under article 42 of the constitution.
Article 42(c) states that, “Trials of any matter shall be held publicly, but the presiding judge may exclude the public from all or part of a trial in accordance with democratic norms: 1. in the interests of public morals, public order or national security; 2. where the interest of juveniles or the victims of a crime so require; or 3. in other special circumstances where publicity would prejudice the interests of justice.”
However, according to Haveeru, a member of the public was allowed to attend today’s hearing. Under normal court procedure, only trials involving child sexual abuse are closed to the public.
The Criminal Court has since issued a press statement explaining that the judge decided to hold a closed hearing “because the reporters allowed in to the hearing on May 24, 2011, gave the false depiction of the court to the public and because the court believes this depiction could obstruct the course of justice.”
Nazim meanwhile appeared at court today after reportedly failing to comply with eight summons during the past few months.
The minority opposition People’s Alliance (PA) parliamentary group leader is facing four counts of conspiracy to defraud to the Atolls Ministry, which were first identified in an audit report of the now-defunct ministry.
Following an investigation into the claims in the report, at a press conference in August 2009, Chief Inspector Ismail Atheef said police had uncovered evidence that implicated former Atolls Minister Abdullah Hameed, Eydhafushi MP Ahmed “Redwave” Saleem, former director of finance at the ministry, 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 letter heads.
Police maintained that money was channelled through the scam to Nazim who laundered cash through Namira Engineering and unregistered companies.
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