Tag: deputy speaker

Deputy speaker seeks to ban megaphones at Majlis

The deputy speaker is seeking to ban horns, sirens and megaphones inside the parliament as opposition protests on the Majlis floor enters its eighth week.

MP ‘Reeko’ Moosa Manik is proposing amendments to the Majlis standing orders banning horns, megaphones and other objects that may “mentally disturb” people, according to Haveeru. 

The amendments also prohibit MPs going up to the Speaker’s desk to disrupt Majlis proceedings.

Moosa, formerly a member of the main opposition Maldivian Democratic Party (MDP), said he will make “many amendments to keep order and discipline in the Majlis.”

MDP and Jumhooree Party MPs have been protesting since March 2 over the arrest and subsequent imprisonment of former President Mohamed Nasheed and ex defence minister Mohamed Nazim.

The ruling Progressive Party of the Maldives has continued with Majlis debates while Speaker Abdulla Maseeh has proceeded with several votes including a law to delay the new penal code amidst opposition protests.

However, the debates have been inaudible over the sound of sirens and horns, while some votes were counted with a show of hands.

Moosa told Haveeru the Speaker will not to allow an MP to speak if other MPs from their party are disrupting Majlis proceedings.

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High Court concludes hearings into deputy speaker’s corruption case

The High Court has concluded appeal hearings into one of four corruption cases concerning Deputy Speaker Ahmed Nazim. Today’s case was lodged by the Prosecutor General (PG) after the lower court had ruled Nazim innocent.

The hearing concerned charges of fraudulently collecting funds through a company owned by Nazim to buy sound systems for a mosque. The amount alleged to have been misappropriated by the deputy speaker in all four cases is alleged to be over US$400,000.

According to local media, High Court judges presiding over the case today said that there would be no more hearings unless the court needed to clarify further information.

Newspaper Haveeru has reported that, during today’s hearing, state attorney Abdulla Rabiu told the court Nazim had abused his authority as a company owner and had also used staff as accomplices.

Rabiu said that there was no need to press charges against the staff used in the corruption, however, and that only Nazim was to be held responsible.

Nazim’s defense lawyers had previously told the court that witnesses produced against him were company staff who had also been involved in the alleged fraud, and who therefore were not acceptable to the court as witnesses.

The state lawyer today responded to these claims by saying that the witnesses not been charged with any of the cases, noting that the constitution states everyone to be innocent until found guilty by a court of law.

Case history

In February 2012, the Criminal Court dismissed four corruption charges against Nazim. The decisions came just days after the controversial transfer of power on February 7 that brought former President Dr Mohamed Waheed to office. The court had then ruled that Nazim’s “acts were not enough to criminalise him”.

Along with Deputy Speaker Nazim, MP Ahmed “Redwave” Saleem, and Abdulla Hameed – both then ministers at the now-defunct Atolls Ministry – were charged in late 2009 on multiple counts of conspiracy to defraud the ministry.

The scam – first flagged in an audit report released in early 2009 – involved paper companies allegedly set up by the defendants in order to win bids for projects worth several hundred thousand dollars, including the fraudulent purchase of harbour lights and national flags, as well as mosque sound systems.

According to the report, the documents of Malegam Tailors – the company which won the bid for the harbour project- showed that it shared the same phone number as another of Nazim’s companies, Namira.

Fast Tailors, another company that submitted a bid, also shared the phone number registered under Namira.

Anther company – Needlework Tailors – which submitted the bid, had an employee of Namira sign the documents under the title of general manager, while there were no records to prove that a fourth company named ‘Seaview Maldives Private Maldives’ existed at all, according to the audit report.

The auditors noted that the Seaview bid documents had an date error also found on Fast Tailors documents. According to the auditors, the error was sufficient to prove the same party had prepared both company’s bids.

The prosecution began in late 2009, after police uncovered evidence that implicated Hameed, Saleem, and Nazim in a number of fraudulent transactions.

At a press conference in August 2009, police exhibited numerous quotations, agreements, tender documents, receipts, bank statements, and forged cheques showing that Nazim had 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 alleged that money was channeled through the scam to Nazim, who then laundered cash through Namira Engineering and unregistered companies

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MDP withdraws no confidence motion against Deputy Speaker

Opposition Maldivian Democratic Party (MDP) has withdrawn a no confidence motion against Deputy Speaker  and Progressive Party of the Maldives (PPM) MP Ahmed Nazim.

The MDP and Dhivehi Rayyithunge Party (DRP) submitted no confidence motion with 35 signatures in October alleging Nazim was politically biased in carrying out his duties as Deputy Speaker.

Speaking to the press last night, MDP Parliamentary Group’s deputy Leader Ali Waheed said the party had decided to withdraw the motion as the MDP intends to be a responsible opposition party and to ensure calm in the country following the PPM’s win in the November 16 presidential polls.

Meanwhile, the PPM has also submitted a no confidence motion against Speaker Abdulla Shahid. The vote was scheduled for November 20 but has now been delayed.

In November, the MDP voted out then Attorney General Azima Shakoor and has also tabled a no confidence motion against Prosecutor General (PG) Ahmed Muizz.

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Prosecution calls for for retrial of Deputy Speaker’s corruption case

The High Court has concluded hearings into a case in which Progressive Party of Maldives (PPM) MP and Deputy Speaker of Parliament Ahmed Nazim stands accused of defrauding the now defunct Atolls Ministry, a scam worth US$260,000 (MVR 3,446,950).

The case was first filed at the Criminal Court which ruled that Nazim’s actions were not sufficient to criminalise him. The case was appealed in the High Court by the Prosecutor General.

The Prosecutor General’s lawyers today told the High Court that Nazim used the staff of his Namira firm as tools in the scam, after the staff told the investigation that they did not know of the existence of the unregistered companies used by Nazim.

According to media outlets present at the hearing the PG’s lawyers requested the High Court order the Criminal Court to cancel the previous verdict and conduct a retrial.

Nazim’s lawyers meanwhile said it was unfair that the state was charging only Nazim in the case, despite the allegations that the staff had acted as accomplices. Nazim’s lawyers also accused the state of trying to defame Nazim.

The judges presiding over the case concluded the hearing announcing that this would be the last hearing unless the court needed any clarification.

At a press conference in August 2009, Chief Inspector Ismail Atheef said police had uncovered evidence that implicated Nazim in fraudulent transactions worth over US$260,000 (MVR 3,446,950).

Police exhibited numerous quotations, agreements, tender documents, receipts, bank statements and forged cheques they stated proved that Nazim had received over US$400,000 in the case.

A hard disk seized during a raid of Nazim’s office in May the same year allegedly contained copies of forged documents and bogus letterheads.

Fraud charges were also filed against Atolls Minister Abdullah Hameed (half brother of former President Maumoon Abdul Gayoom) and Eydhafushi MP Ahmed “Redwave” Saleem, former director of finance at the ministry who were implicated in the same case.

Police further alleged that MP Saleem actively assisted from the atoll ministry while Nazim’s wife Zeenath Abdullah had abused her position as a manager of the Bank of Maldives’ Villingili branch to deposit proceeds of the fraudulent conspiracy.

Police said Hameed played a key role in the fraud by handing out bids without public announcements, making advance payments using cheques against the state asset and finance regulations, approving bid documents for unregistered companies and discriminatory treatment of bid applicants.

During the original trial held at the Criminal Court the then-employees of Namira testified under oath that they were instructed by Nazim to bid for the projects – however, the presiding judge concluded from their testimonies that they were responsible for the procurement fraud and therefore dismissed the testimonies against Nazim on all counts.

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High Court concludes hearings of Deputy Speaker Nazim’s case ahead of final verdict

The High Court today concluded hearing witness statements in the state’s appeal of Deputy Speaker of Parliament Ahmed Nazim acquittal by the Criminal Court on charges of corruption, ahead of delivering a final verdict at a later date.

Nazim stands accused of receiving more than US$400,000 through fraudulent transactions made by a company he was found to own.

At today’s hearing, the prosecution lawyer noted that the Criminal Court had previously dismissed the testimonies of witnesses submitted by the state against Nazim. The High Court would now decide on whether to take the witness statements into account before a final verdict on the case is delivered.

The Criminal Court ruled in February last year that the witnesses submitted to the court were all staffs at a company called NAMIRA, which is owned by Nazim and at the centre of the alleged corruption.  The court concluded at the time that staff involved in the alleged fraud could not be presented as witnesses and dismissed their statements.

At today’s hearing, the prosecution lawyer was reported as stating to the court that it was apparent that staff at NAMIRA had not benefited at all from the alleged corruption. The lawyer argued that they therefore would not have had any involvement in the case had they not been asked by Nazim himself.

Before concluding today’s hearing, the presiding judge announced that unless the court required clarification on any further details of the trial, a verdict on the case would be delivered during the next hearing.

Deputy Speaker Nazim was not responding to calls at time of press.

In late 2009, Nazim was charged with multiple counts of conspiracy to defraud the former Atolls Ministry.

However, in February 2012, the Criminal Court dismissed the case against Nazim and ruled that there were no grounds to prosecute him.

The alleged corruption at the centre of the trial – first flagged in an audit report released in early 2009 – involved paper companies allegedly set up by the defendant to win bids for projects worth several hundred thousands dollars.

The case began in late 2009, after police uncovered evidence that implicated Nazim in a number of fraudulent transactions.

At a press conference in August 2009, Chief Inspector Ismail Atheef said police had uncovered evidence that implicated Nazim in fraudulent transactions worth over US$260,000 (Mrf 3,446,950).

Police exhibited numerous quotations, agreements, tender documents, receipts, bank statements and forged cheques proving that Nazim received over US$400,000 in the case.

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 further alleged that MP ‘Red Wave’ Saleem actively assisted from the atoll ministry. Meanwhile, Nazim’s wife, Zeenath Abdullah, was accused of abusing her position as a manager of the Bank of Maldives’ Villingili branch to deposit proceeds from the scheme.

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Parliament notifies Gasim of case to remove him from JSC

Parliament has sent a notice to Majlis-appointed member to the Judicial Service Commission (JSC), Gasim Ibrahim, regarding a case to remove him from his post.

Deputy Speaker of Parliament Ahmed Nazim told local media on Friday (March 22) that a notice had been sent to Gasim, who is also the presidential candidate for Jumhoree Party (JP), as per parliament procedures.

Nazim stated that the case submitted by the Maldivian Democratic Party (MDP) to remove Gasim from the JSC would be put on parliament’s agenda only after speaking with leaders from various political parties.

The notice follows a meeting held last week by Parliament’s Independent Commissions Oversight Committee, in which the entire JSC board was summoned to attend.

Throughout March, the oversight committee has been speaking with members of JSC in regard to the manner in which judges were appointed to the Hulhumale’ Magistrate Court bench. The court is currently hearing the trial of former president Mohamed Nasheed, who is Gasim’s presidential rival in the upcoming elections in September.

Oversight Committee member and MDP Spokesperson Hamid Abdul Ghafoor told Minivan News that during the meeting held on Wednesday (March 20), Gasim had lacked integrity when faced with questions from the committee.

“The focus of my questions was on the integrity of the JSC members and of the independence of judges.

“When I asked Mr Gasim whether he had announced his [presidential] candidacy before or after he was nominated to his post within the JSC, he said ‘I am not sure’,” Hamid claimed.

Gasim’s presidential rival and leader of the MDP, former President Mohamed Nasheed, is currently facing charges at Hulhumale’ court over the controversial detention of Chief Judge of Criminal Court Abdulla Mohamed in January 2012.

The MDP has maintained that the charges against Nasheed are a politically motivated attempt to bar him from the election in September.

Despite the JSC Chair and Supreme Court Judge Adam Mohamed declaring that the commission refused to discuss matters regarding the Hulhumale’ Court, individual members of the JSC still attended the oversight meetings.

“It is like a domino effect – the chair of the JSC has lost his authority. We believe this is the first step of the JSC being shaken to its core,” Hamid said. “Even on Wednesday the chair was still resistant to being questioned.”

Statements from individual JSC members given to the oversight committee revealed there had been concern as to how the Hulhumale’ Court bench had been appointed.

Furthermore, the United Nations Special Rapporteur on the Independence of Judges and Lawyers, Gabriela Knaul raised concerns over the politicisation of the JSC last month.

“I have heard from numerous sources that the current composition of the JSC is inadequate and politicised.

Because of this politicisation, the commission has been subjected to all sorts of external influence and consequently has been unable to function properly,” Knaul stated last month.

JSC composition does not allow independence of judiciary to be maintained: Shakoor

On Wednesday (March 20), Attorney General and JSC member Aishath Azima Shakoor told local media that the current composition of the commission did not allow it to maintain independence of the judiciary.

“I believe that, even though JSC has been composed according to constitution, it does not allow [it] to maintain the independence of the judiciary.

“I do not believe that JSC’s configuration is based on the most effective model. But JSC is how the Constitution says it should be, so we have to function like that,” Azima was quoted as saying in local media.

In regard to Gasim, who voted in favour of establishing the Hulhumale’ Court bench, Azima told local media that if she had been in Gasim’s position when the vote for the court bench had been undertaken, she would not have participated in the vote.

“I believe that the Parliament Committee on Independent Institutions’ review or investigation of the manner in which Hulhumale’ Court bench of judges was established will affect the trail that is currently proceeding in that court,” Azima was quoted as saying in Sun Online.

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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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Parliament has confirmed government’s legitimacy, says President Waheed

Parliament has confirmed the legitimacy of his administration, President Dr Mohamed Waheed Hassan has contended.

Addressing the Majlis on April 2, Deputy Speaker Ahmed Nazim said, “President Dr Mohamed Waheed Hassan took oath of office in Majlis on 07 February 2012, and has delivered the presidential address as per the constitution on 19 March 2012. Hence, the People’s Majlis believes the transfer of power on February 7 was constitutional.”

The ousted President Mohamed Nasheed said he was forced to resign at “gunpoint,” and has raised questions over Waheed’s legitimacy. Nasheed has called for early general elections.

Nasheed’s Maldivian Democratic Party (MDP) sought to obstruct Waheed from addressing parliament on March 1 and March 19. Waheed only managed to deliver a shortened version of the presidential address amidst loud heckling by MDP MPs in the Majlis chamber while MDP supporters and police clashed violently outside. During the speech an MP held up a placard declaring Waheed a ‘coup boss’.

In a statement on Monday, Dr Waheed said he welcomed the decision and “called on all parties to redouble their efforts to bring stability, security and prosperity to the Maldives.”

However, MDP parliamentary group’s deputy leader Ahmed Sameer said the deputy speaker had no authority to make rulings on behalf of the Majlis.

“The Majlis makes decisions after a debate and a vote. There has been no debate and no vote on the matter. A debate on the legitimacy of the government hasn’t even been put on the agenda,” Sameer said.

“That the deputy speaker can unilaterally rule on this matter is a joke and is against the Majlis house rules,” he added.

Majlis minutes reveal Nazim only made the ruling after MPs repeatedly debated the transfer of power instead of addressing the issues on the agenda for the day. Nazim repeatedly asked MPs to return to topic, but to no avail.

During debate over an amendment to the Judges Act to include retirement benefits and privileges, MDP MP Ali Waheed expressed concern over the events surrounding the transfer of power on February 7, and called on the Deputy Speaker to pass a resolution for public referendums to establish coup had taken place and to hold elections.

In response Nazim said, “Since some MPs are addressing the Speaker on the transfer of power, I believe I now have to issue a ruling on the matter.”

After claiming Waheed’s administration was legitimate, Nazim asked MPs not to address the Speaker any further on the matter.

MDP refuses to recognise Waheed’s administration, and have called for an impartial and independent investigation with international oversight into the transfer of power. The Commonwealth, the EU and local civil society groups have supported the call for investigation.

Dr Waheed instituted a three member Committee of National Inquiry (CNI) to look into the legality and legitimacy of the transfer of power, but the CNI has come under fire for unilateralism and lack of independence. Moreover, the CNI has said it will not be conducting a criminal investigation.

Waheed told local television station Villa TV (VTV) he would resign and reinstate Nasheed if inquiry established a coup.

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Reeko Moosa calls on Criminal Court to expedite corruption cases

Maldivian Democratic Party (MDP) Chairperson and MP ‘Reeko’ Moosa Manik has met with Chief Judge of the Criminal Court Abdulla Mohamed and urged him to conclude an ongoing corruption suit against Deputy Speaker of Parliament Ahmed Nazim.

Moosa said that the suits had been sitting in the court for almost three years but none of them had yet been concluded, which he said was a concern as cases against particular people took longer than others.

Nazim is facing multiple counts of conspiracy to defraud the former Atolls Ministry. The fraudulent purchases of harbour lights, national flags and mosque sound systems were first flagged in an audit report released in early 2009. During the hearings, police exhibited numerous quotations, agreements, tender documents, receipts, bank statements and forged cheques suggesting that Nazim received over US$400,000 in the alleged scam.

The Criminal Court in August refused to allow journalists to observe a hearing in Nazim’s ongoing corruption trial, in a move condemned by the Maldives Media Council (MMC).

Speaking to the press after yesterday’s meeting, Moosa said that his motivation was to urge Judge Abdulla Mohamed to expedite cases going on in the Criminal Court.

Moosa told the press that Judge Abdulla Mohamed told him that out of all the cases currently against Nazim, one of them will be concluded in a month at the most, according to MDP Official website.

Last Thursday Moosa and Dhivehi Rayyithunge Party (DRP) MP Ali Azim went to the Criminal Court and met with the Chief Judge regarding the same matter, a series of meetings that Moosa said would continue.

Local media today reported that Moosa and Azim went to the court to meet the Chief Judge but he was on vacation, and another Judge met with them instead.

Newspaper Haveeru reported Moosa as telling the press that the court had accused him of obstructing its duty.

The Criminal Court recently concluded a case against Moosa, a corruption case against Indpendent MP Abdul Hameed, and a case against MP Azim.

On March 2010, State Prosecutor Abdullah Rabiu said Nazim was managing Director of Namira Engineering and Trading Pvt Ltd when the company’s equipment and staff were used to create fake letterheads and submit proposals on behalf of unregistered companies.

One of the paper companies won a bid worth US$110,000 to provide 15,000 national flags for the former atolls ministry.

If found guilty, the MP for Meemu Atoll Dhiggaru and former vice-president of the opposition People’s Alliance will be ordered to pay Rf1.4 million (US$108,900) to the state and sentenced to between one to six years of imprisonment.

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 fraudulent transactions worth over US$260,000 (Mrf 3,446,950).

A hard disk seized during a raid of Nazim’s office in May allegedly contained copies of forged documents and bogus letter heads.

Police further alleged that MP Saleem actively assisted the scam in his then-position as director of finance at the ministry, while Nazim’s wife Zeenath Abdullah had abused her position as a manager of the Bank of Maldives’ Villingili branch to deposit proceeds of the fraudulent conspiracy.

Police said Hameed, brother of former President Maumoon Abdul Gayoom, played a key role in the fraud by handing out bids without public announcements, making advance payments using cheques against the state asset and finance regulations, approving bid documents for unregistered companies and discriminatory treatment of bid applicants.

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