Tag: criminal court

Criminal Court releases Gabbarey, ”a potential threat to the society” warn police

The Criminal Court has released Ibrahim Abdulla ‘Gabbarey’, who was arrested and kept in pre-trial detention for conspiracy to conduct assault and battery and disrupt the peace.

He was arrested along with 49 others during a special operation police conducted to avoid potential clashes between gangs after the murder of 21 year-old Ahusan Basheer.

The Criminal Court cited Ibrahim’s medical condition and lack of evidence as reasons for his release.

A police spokesperson said that Ibrahim was potential threat to the society if he was at large.

”But the Criminal Court has today released him,” he added. ”He is on our list of the nine most dangerous criminals.”

Ibrahim was recently attacked with a machete and barely survived after suffering a major head injury. He was taken abroad for further treatment.

Police statistics show that Ibrahim was arrested 14 times for allegedly committing several offenses.

Ahusan Basheer, 21 died last month after a group of assailants stabbed him near NC Park in the Galolhu district of Male’.

”He was stabbed four times in the back and three times in the chest,” police said in a statement.

Police arrested Ibrahim Shahum, who was recently charged in a murder case and released by the court after being kept in detention for six months, in connection with the case. He is currently being held in pre-trial detention.

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14 death sentences issued in the past 10 years: Criminal Court

The Criminal Court has said that 14 death sentences have been passed in the last decade, however many of those convicted and given the sentence have been rearrested and brought before judges on different cases.

The court said that a total of 9197 persons had been given sentences for various crimes within the past 10 years – approximately three percent of the Maldives’ population.

2950 persons of the total 9197 convicted were banished, while 798 persons were placed under house arrest and 5435 persons were imprisoned, said the Criminal Court.

However, the court said many of the convicts who are supposed to be serving their time were brought before the judges accused of committing further offenses.

Meanwhile, the parliament has commenced its preliminary debate on the amendment presented by Jumhoory Party (JP) MP Ibrahim Muthalib to the Clemency Act, which requires death penalties to be implemented if the Supreme Court upholds a death sentence issued by a lower court or of the Supreme Court itself issues a death sentence.

If the amendment is passed the President will not have the authority to grant clemency for those who are found guilty of any offense that serves a death penalty.

The amendment was originally presented by Maldivian Democratic Party (MDP) MP Ibrahim Rasheed, who withdrew it claiming that he would resubmit it after bills relating to evidence and penal code were passed.

Parliamentary Group Leader of MDP ‘Reeko’ Moosa Manik has now presented the Criminal Justice Procedure Bill, which parliament has accepted and is awaiting preliminary debate.

As MPs present bills to try and control rising gang violence, early this morning a 25 year-old victim died in hospital after an assault two days ago that left him in a coma.

Another youth, Ahusan Basheer, 21, was stabbed to death last month on a busy street in Male. Ibrahim Shahum, 20, who was released by the court after being held in pre-trial detention for six months in connection with another murder case, was arrested along with two others. An under-aged girl, who reportedly witnessed the crime, was also arrested and kept in pre-trial detention.

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Criminal Court extends detention of MP Adil to 15 days

The Criminal Court last night extended the detention of Maldivian Democratic Party (MDP) MP for Maradhoo Area Hassan Adhil to 15 days, following his arrest yesterday on charges of child molestation.

The Criminal Court asked police to hold Adhil in detention at a location determined by the Home Ministry, after a closed hearing to which journalists were denied access.

Police Sub-Inspector Ahmed Shiyam confirmed that Adhil’s detention was extended and that the MP was in police custody.

Yesterday morning an arrest warrant was issued by the Criminal Court for the arrest of the former opposition-aligned Dhivehi Qaumee Party (DQP) MP, who jumped to the ruling MDP in September last year.

Following the signing, Adhil claimed he had switched parties “not by anyone, I took this step because of the pulse of the people.”

”I believe that the government is conducting many development projects at a high speed, and I signed with MDP for the development of my area at the request of [my constituents].”

Leader of the DQP Hassan Saeed declined to comment on Adhil’s decision at the time.

Report of the investigation of the MP appeared in newspaper Haveeru last month, which based the story on a source within the Human Rights Commission of the Maldives (HRCM). However HCRM President Maryam Azra denied knowledge of the investigation and the story was removed from Haveeru’s website.

MDP Chairperson Mariya Ahmed Didi told Minivan News yesterday that if Adhil was found guilty “then of course the party should [take action]. The party does not condone such acts. But we should only speculate after the court has come to a verdict.”

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None of the 47 arrested were connected to murder case, says Criminal Court

The Criminal Court’s Chief Judge Abdulla Mohamed has said that none of 47 persons arrested by police and brought to the court for extension of detention following the gang murder of 21 year-old Ahusan Basheer were connected with the case.

”Nobody arrested was brought in connection to the murder case,” said the Chief Judge, after the string of arrests.

Police began a special operation in Male’ after the murder case, and reported that more than 50 persons were arrested.

”Police said those persons who were brought before the judges were persons were planning assaults,” Abdulla said. ”Some of them were released but most of them are still kept in detention.”

Police will need some time to investigate and collect evidence, he added.

Local media quoted the Chief Judge as saying ”while persons were arrested to that amount there were nobody presented with adequate evidence, in fact there were persons who cannot even be arrested [according to laws].”

Police Spokesperson Lance-Corporal Abdul Majeed Moosa told Minivan News that those arrested during the special operation was to curb the rise in gang related crimes in Male’.

”They were arrested on different charges, but now there are only a few kept in detention,” Majeed said. ”Police are currently investigating the murder case and it’s very difficult to say anything at this time.”

Ahusan Basheer was murdered on Thursday last week on one of the main roads of Male’.

After the murder, police claimed that Ibrahim Shahum was a suspect in the case and called on the public to report sightings of Shahum, who has disappeared after the murder incident.

Shahum was charged with murder but was recently released from detention after serving six months.

He was then arrested in connection with the death f a 17 year old boy who bled to death after he was stabbed while on his way to home after watching a football match.

Before the attack on Basheer, another gang attacked occurred in Henveiru, with a ganging stabbed three persons in front of crowds before fleeing, reportedly on a police officer’s private motorbike.

The incident took place on broad day light in front of many children, men and women.

Witnesses of the incident said that when the first group of police officers attended the scene, the two gangs were attacking each other, but said that the police officers waited util the gang finished their fight.

Only this week Maldivian Democratic Party MP Ibrahim Rasheed presented and withdrew an amendment to the Clemency Act to execute murderers if ruling was upheld by the Supreme Court.

Presenting the amendment, he said it was the only way to curb the rise in gang violence and referred to the recent incidents. He said people had been “chopped and sliced like fish” in the streets of Male’ during broad day light, but withdrew his amendment moments before the vote stating that we would re-submit it after the evidence bill, criminal procedure bill and bill on penal code were all enacted.

Recently a person found guilty of murder and issued a death penalty according to the penal code of the Maldives has now appealed the ruling at the High Court.

The last time the Maldives executed a person was in 1953 when a person named Hakim Didi was executed by firing squad after he was found guilty of attempting to murder by performing black Magic.

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Convicted criminals being brought to court for extention of detention, says Criminal Court

The Criminal Court has claimed that police have been arresting and bringing already convicted criminals to the court and requesting extensions of detention, despite the fact that the individuals are supposed to be behind bars.

On March 18 the police brought a person to the Criminal Court who had previously been sentenced to 45 years imprisonment after he was found guilty of theft, objection to order and three drug related charges, said the Criminal Court.

A second person was also brought before the court who had been sentenced 10 times on different charges and was supposed to be serving 27 years imprisonment, the court said, after he was found guilty of five robbery cases, two cases of objection to order, two cases of driving without license and one case of possession and using of drugs.

”The court’s documents show that those two persons were handed over to the concerned authorities to implement the verdict,” the court said. ”They were brought before the judges on March 18 on charges of robbery and were caught that night while the police was conducting a special operation to curb the violence in Male’.”

The Criminal Court that night ordered police to handover the two criminals to the penitentiary department within two days.

”The court queried why a person sentenced to 45 years prison and another to 27 years, who are supposed to be in jail, were released into society. [Police] replied that it was the Home Ministry that released them,” the court added.

Head of Department of Penitentiary and Rehabilitation Services (DPRS) Ahmed Rasheed told Minivan News that there were many challenges the department had to face when handling the prisoners.

”There are people who escape, people who are released for house arrest, people who cannot be kept inside the cells because of their medical condition,” said Rasheed. ”A very infamous criminal named Mohamed Ibrahim Didi, also known as ‘Kiyawa’, escaped recently.”

Kiyawa, Rasheed said, was brought Male’ to report to the hospital as he had a severe knee injury.

”The doctors said his knee needed to undergo an operation and that he needed to be admitted for a month before operating,” Rasheed explained. ”One day, late in the afternoon, he fled from hospital. There are reasons why a person who cannot stand on two feet by himself escapes.”

Rasheed said in other incidents when prisoners escaped while they were being transferred from island prisons to Male’.

”Somehow their relatives, friends and lovers get to know that they are scheduled to come Male’ at this time for this purpose and will be at the jetty when prisoners arrives, they will all circle around and gather,” he said. ”Some of those times, the prisoners friends will come by, threaten the prison officers and flee.”

He said that currently there were more than 70 prisoners released on parole.

”There will be 15 prisoners in Thilafushi in the work corporation, and there will be fugitives as well,” he said.

Rasheed said a legal framework needed to be established to solve the issues.

”There has to be a lawful system where good prisoners can be granted clemency, such as a reward for a prisoner who learns by heart two books of the Quran or the whole of Quran. If such a law was established then prisoners cannot escape by having a friend in the President’s Office.”

He also noted that there were times DPRS officers were attacked during prisoners’ escapes.

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Court releases murder suspect citing lack of cooperation from Health Ministry

The Criminal Court today 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 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.

He said he regretted that police and government authorities were not cooperating to make the society peaceful and noted that the court alone could not succeed in this, according to a report in newspaper Haveeru.

The paper also quoted Judge Abdulla as saying that ”keeping a person in detention for not getting a response to one letter sent to the health ministry is too much.”

Judge Abdulla also acknowledged that police were not getting the cooperation from government authorities.

Hussain was stabbed in the leg near the Social Centre in Maafannu, Male’.

He was admitted to Indira Gandi Memorial Hospital and treated for more than eight hours in the Intensive Care Unit, but the knife severed a major artery and despite an emergency blood transfusion he died the following morning at 6:15am.

Police Sub-Inspector Ahmed Shiyam said that police had always fully cooperated with the courts to the fullest extent possible.

”We cannot do or say anything regarding something beyond our borders,” said Shiyam. ”It is the responsibility of the police to obey the courts and we will follow the court’s orders.”

State Health mMinister Abdul Baary Yousuf told Minivan News that he  had no information regarding the issue and referred to the Permanent Secretary Geela Ali. Ali is currently outside the country.

Judge Abdulla Mohamed did not respond to Minivan News at time of press.

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Protesters bar entry to courts after Civil Court’s Addu ruling

Protesters temporarily barred entry to the Justice Building of the Maldives last night, in response to the Civil Court’s ruling that the Addu city criteria were invalid, forcing the Elections Commission (EC) to cancel the local council election in Addu this Saturday.

Today the Department of Judicial Administration said that the court of Hulhudhoo in Addu Atoll was also locked this morning, and had to be opened with the assistance of police.

Local radio station SunFM reported Alhan Fahmy, a Maldivian Democratic Party (MDP) MP in Addu Atoll, as saying that he ”would not let courts in Addu to be opened.”

Fahmy was present at protests in Addu, SunFM reported, as Adduans expressed fury over the Civil Court ruling.

The Judicial Administration Department meanwhile said that it had requested additional security from police following media reports of further protests.

The department said it had informed police to provide security to magistrates, judges and courts and to investigate the attempts to obstruct the work of the courts.

Civil Court Judges Aisha Shujoon Mohamed, Hathif Hilmy and Ali Naseer examined the case, which was filed by Hassan Nasir of Annaaru Villa/Addu Atoll Hulhudhoo.

The Court ruled that the criteria established by the Local Government Authority – consisting solely of Home Minister Hassan Afeef – were invalid.

Establishing the criteria required majority of the board, the Court said, as “if a law requires a certain decision to be taken by a particular council or a committee, the decision should be taken by the majority of the council or the committee unless interpreted otherwise.”

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Supreme Court to look in to High Court judges case

The Supreme Court of the Maldives has today announced that it will conduct a trial on the issue of appointing High Court judges that had originally been scheduled for the country’s Civil Court, amidst ongoing debate over the institution’s right to influence the workings of a higher authority.

The case was first filed in Civil Court last week by Criminal Court Judge Abdul Baary over concerns that there were policy and legal issues related to the Judicial Service Commission’s (JSC) appointment procedures, such as giving higher priority to appointees on the basis of gender.

Judge Baary claimed in Haveeru at the time that the JSC policy stated that if a female and a male scored even marks, higher priority should be given to the female when appointing judges for the High Court bench. This, he said, was against the Constitution and the Labour Act.

A Writ of Prohibition was issued by the Supreme Court last week in an unprecedented step against the Civil Court designed to order the institution to hand over the case to determine whether it had the authority to deal with the functions of a higher court.

The Supreme Court has today ruled that the issue was a constitutional matter and that the Civil Court did not have the authority to decide on constitutional matters such as the legality of appointing members to the High Court bench.

”If the matter was conducted in the lower court, the case would get appealed and would cause a delay in the appointment of High Court judges which will lead to a loss of basic rights for the administration of justice,” said the Supreme Court in a statement posted on their website.

High Court judges appointed by the JSC last week included Juvenile Court Chief Judge Shuaib Hussein Zakariya, former Law Commission member Dr Azmiralda Zahir, Civil Court registrar Abdu Rauf Ibrahim, lawyer of former President Maumoon Abdul Gayoom, Abbas Shareef and Civil Court Chief Judge Ali Sameer.

A JSC spokesperson was unavailable to comment on the issue at the time of going to press, though told Minivan News that the commission had not had any communication with the Supreme Court over today’s decision.

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Supreme Court enters legal wrangle over High Court appointments

The Supreme Court of the Maldives has ordered the Civil Court to halt its case regarding the Judicial Services Commission (JSC)’s appointment of five High Court judges last week, and hand the matter to the Supreme Court.

The Judicial Service Commission appointed five judges, Shuaib Hussein Zakariyya, Dr Azmiraldha Zahir, Abdul Rauf Ibrahim, Abbas Shareef and Ali Sameer to the High Court bench last week. Zahir is the first woman to be appointed to the High Court bench in the Maldives.

However once the appointments were concluded, Criminal Court judge Abdul Baary filed a case in the Civil Court against the appointment of the new judges, claiming that there were policy and legal issues in the JSC’s appointment procedure.

Judge Baary told Haveeru that there were issues with the High Court Judges Appointment Policy as established by the JSC itself.

He claimed that the JSC’s policy stated that if a female and a male scored even marks, higher priority should be given to the female when appointing judges for the High Court bench. This, he said, was against the Constitution and the Labor Act.

The Civil Court issued an injunction halting the appointment of the High Court judges prior to taking their oath.

However the Supreme Court today stated that it had issued a Writ of Prohibition to the Civil Court, ordering it to hand over the case file to the Supreme Court before 4:00pm tomorrow.

Six JSC members have been accused of criminal charges by the President’s Member on the Commission, Aishath Velezinee, while the Commission as a whole is under investigation by the Anti-Corruption Commission for allegedly embezzling money by paying itself a ‘committee allowance’.

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