Tag: fahmy hassan

Civil Court reinstates policeman dismissed on witness statement dispute

The Ciivl Court has ordered the reinstatement of a police officer who was dismissed for allegedly attempting to modify witness statements.

Police Constable Ahmed Haisham was dismissed from the police force in 2009 after he confessed to calling two Lance Corporals and asking them to change witness statements against a man suspected of stabbing another police officer.

However, the Civil Court said Haisham cannot be dismissed from his job unless he is found guilty by a court of law.

The ruling referred to the Supreme Court ruling 2012/SC-C/35 which reinstated the Civil Service Commission (CSC) Chair Fahmy Hassan who was dismissed by the parliament after he allegedly sexually harassed a female staff working at the commission.

The Supreme Court said Fahmy cannot be dismissed unless found guilty by a court of law, claiming that if Fahmy was dismissed from the position without being investigated and proven guilty, as per the criminal justice procedure, then his dismissal was to be considered as double jeopardy.

Referring to Fahmy’s case, the Civil Court said Haisham must be considered innocent until proven guilty in a court of law. Further, the ruling said the Employment Act does not apply to Haisham as he is a police officer.

The ruling noted that although the police had carried out investigations, a case had not been forwarded to the Prosecutor General (PG) for prosecution.

The Civil Court has ordered the police to compensate Haisham for lost wages since December 2009, clear his record and grant him promotions he may have received had he remained with the police force.

In October 2013, the Civil Court also ordered the reinstatement of a police offices and a soldier who were dismissed on criminal charges.

Civil Court Judge Maryam Nihayath said that the Supreme Court (ruling 2012/SC-C/35) had brought into existence important procedures to follow when dealing with such cases.

The court ordered former Intelligence Chief Mohamed ‘MC’ Hameed to be reinstated in 2013. He had been dismissed from the police after the controversial transfer of power on allegations that he had abused his authority as the chief of police intelligence for the benefit of a certain political party and that he had leaked secret information obtained by the police.

An MNDF officer Ahmed Althaf who was dismissed from the force on allegations that he lost a compressor valve and asked a lower rank officer to replace it with an older one was also ordered to be reinstated in October 2013.

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Police and military officers reinstated based on precedents set in CSC Fahmy case

Civil Court Judge Maryam Nihayath yesterday (30 September) ordered the reinstatement of a police officer and a Maldives National Defence Force (MNDF) officer, previously dismissed on criminal charges.

The decision was based on the precedent set by the ruling on former Civil Service Commission (CSC) Chair Fahmy Hassan, whose dismissal by parliament was recently reversed by the Supreme Court.

Former Intelligence Chief Mohamed ‘MC’ Hameed has also been reinstated this week based on the Supreme Court ruling 2012/SC-C/35.

MC Hameed was dismissed from the police after the controversial transfer of power on allegations that he had abused his authority as the chief of police intelligence for the benefit of a certain political party and that he had leaked secret information obtained by the police.

The Supreme Court ruling stated that if Fahmy Hassan was dismissed from the position without being investigated and proven guilty, as per the criminal justice procedure, then his dismissal was to be considered as double jeopardy.

Regardless of the ruling, subsequent disagreements between the court and the Majlis resulted in Fahmy’s replacement.

Judge Maryam Nihayath’s ruling stated that the Supreme Court (ruling 2012/SC-C/35) had brought into existence important procedures to follow when dealing with such cases.

The judge also stated that MNDF officer Ahmed Althaf was dismissed from the force on allegations that he lost a compressor valve and asked a lower rank officer to replace it with an older one.

Nihayath’s ruling stated that the court had found he was dismissed without completing the criminal justice procedure, which the Supreme Court ruling had argued violated articles 42, 50 and 51 of the constitution.

Yesterday’s ruling stated that the legal precedent had determined that a person was dismissed from his job in a criminal offence without having completed the criminal justice procedure could not be charged with the same case offence in a court of law without constituting double jeopardy.

In a separate case yesterday, where a police officer was dismissed from his position on allegations that he stole MVR 241,215 (US$15,640) from a safe in the police tow yard, the same Supreme Court ruling was cited.

Judge Nihayath noted that the police officer was not dismissed after completing the criminal justice procedure, and that even if he were, the precedent set in the Fahmy case would still not allow him to be charged and sentenced by a court of law.

In November last year parliament voted 38 – 32 in favour of removing the CSC chair after the Independent Institutions Committee investigated the complaint of sexual harassment lodged by a female CSC employee.

On 14 March 2013 the Supreme Court ruled that parliament’s decision to remove Fahmy from his position was not based on reasonable grounds and invalidated the decision.

In spite of this, the parliament appointed a new member to the Civil Service Commission to replace Mohamed Fahmy Hassan – 51 out of 54 MPs present in the parliament voted in favor of appointing Fathimath Reenee Abdulsathar.

On August 15, the Supreme Court issued an injunction to halt parliament’s appointment just as the President’s Office prepared to give credentials to Reenee.

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New CSC head asks president to resolve issue with Mohamed Fahmy Hassan

The new chair appointed to the Civil Service Commission (CSC) Dr Mohamed Latheef has sent a letter to President Dr Mohamed Waheed asking him to find a solution to ongoing issues with previous commission chief Mohamed Fahmy Hassan.

Former CSC Chair Fahmy was dismissed by the parliament over allegations of sexual harassment against a female staff member.

In the letter, Dr Latheef stated that the issue of former CSC Chair Fahmy coming into work after his dismissal by the parliament was still unresolved and that it was an obstruction to the running of the institution.

Latheef told the president that this issue affected both the civil servants themselves and the services being provided to the public.

He referred to constitution Article 196(c) 116, stating that it was the responsibility of the president to solve the issues within government institutions and to uphold the constitution and laws.

Article 196(c) states that “the principles of governance of the state being determined by this constitution, the president shall uphold, defend and respect the constitution, and shall promote the unity of the state.’’

Parliament Yesterday (21 August) sent a letter to President Waheed informing him of the decision made to appoint Dr Mohamed Latheef as the new chair of the CSC.

On August 13, the parliament appointed a new member to the CSC to replace Fahmy, who was dismissed in November 2012 over allegations that he sexually harassed a female member of staff.

51 out of 54 MPs present in the parliament at the time voted in favor of appointing Fathimath Reenee Abdulsathar as Fahmy’s replacement, while the remaining three MPs abstained.

In November last year, parliament voted 38 – 32 in favour of removing the CSC chair after the Independent Institutions Committee investigated a complaint of sexual harassment against him lodged by a female CSC employee.

On 14 March 2013, the Supreme Court ruled that parliament’s decision to remove Fahmy from his position was not based on reasonable grounds and invalidated the decision.

On August 15, the Supreme Court issued an injunction to halt parliament’s appointment just as the President’s Office prepared to give credentials to Reenee.

However, the following day Chief Justice Ahmed Faiz Hussain accused his own court of issuing the injunction without his knowledge.

Former Judicial Services Commission (JSC) member Aishath Velazinee has argued that the Majlis was given authority over CSC appointments in 2010, describing the Supreme Court’s move as a “mutiny”.

During a visit to Fuvahmulah this week, President Waheed expressed his disappointment with the court’s dispute, whilst maintaining that his hands were constitutionally tied.

“All institutions are independent. Although the head of state is the president, there are no arrangements in place for him to take action against other institutions. There is not much authority. The president has quite ceremonial powers,” he is reported to have said.

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Dr Mohamed Latheef appointed CSC Chair

Parliament has appointed Civil Service Commission (CSC) member and former chair Dr Mohamed Latheef as the new chair of the commission.

According to media reports, of the 75 MPs present, 60 voted in favour of appointing Latheef as chair of the commission. The remaining 15 MPs abstained from voting.

The parliament this morning discussed the two names proposed to the parliament by the majority and minority parties for the position of CSC Chair.

According to local newspapers, majority party, the Maldivian Democratic Party (MDP) proposed current member of the CSC Dr Mohamed Latheef –  the former chair of the commission – and the minority Progressive Party of Maldives (PPM) proposed Ahmed Hassan Didi to be appointed as chair.

Today’s parliament session was chaired by Speaker of the Majlis Abdulla Shahid.

On August 13, the parliament appointed a new member to the Civil Service Commission to replace Mohamed Fahmy Hassan, who was dismissed in November 2012 over allegations that he sexually harassed a female member of staff.

51 out of 54 MPs present in the parliament voted in favor of appointing Fathimath Reenee Abdulsathar as Fahmy’s replacement, while the remaining three MPs abstained.

In November last year parliament voted 38 – 32 in favour of removing the CSC chair after the Independent Institutions Committee investigated the complaint of sexual harassment lodged by a female CSC employee.

On 14 March 2013 the Supreme Court ruled that parliament’s decision to remove Fahmy from his position was not based on reasonable grounds and invalidated the decision.

On August 15, the Supreme Court issued an injunction to halt parliament’s appointment just as the President’s Office prepared to give credentials to Reenee.

However, the following day Chief Justice Ahmed Faiz Hussain accused his own court of issuing the injunction without his knowledge. Former Judicial Services Commission (JSC) member Aishath Velazinee has argued that the Majlis was given authority over CSC appointments in 2010, describing the Supreme Court’s move as a “mutiny”.

The President of Anti-Corruption Commssion (ACC) Hassan Luthfy yesterday (19 August) told local media that the case had now been filed at the commission as its members found that it could be a case of Supreme Court Justices working for the benefit of an individual.

Hassan Luthfy noted that Supreme Court Justice Ali Hameed was on the bench that issued the injunction, and that Hameed had an ongoing case – regarding a leaked sex tape – in the JSC, of which the dismissed chair of CSC Fahmy is a member.

Correction: An earlier version of this article named Dr Ibrahim Luthfy as the new CSC chair. This had been corrected to Dr Mohamed Latheef.

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Supreme Court issues injunction blocking appointment of new CSC head

The Supreme Court has issued an injunction to halt parliament’s appointment of a replacement president for the Civil Service Commission (CSC), after parliament voted to appoint Fathimath Reenee Abdulsathar of Maafannu Unimaage to the commission.

Renee had been due to replace CSC Head Fahmy Hassan, after the Majlis’s decision to dismiss the CSC chair last year over allegations of sexual abuse. His termination was likewise blocked by a Supreme Court injunction.

The latest injunction came just as Reenee was due to take the oath in the President’s Office and receive her credentials from President Dr Mohamed Waheed this afternoon. A special ceremony to present credentials and take the oath of office had been scheduled at the President’s Office at 2:30pm, local media reported.

According to newspaper Haveeru, the Supreme Court’s injunction stated that the court’s majority had determined that appointing a new member to the commission when the Supreme Court had already decided that the dismissal was in violation of the constitution, was itself unconstitutional.

Local media reports said Attorney General Azima Shukoor had in her legal advice to the president in the matter stated that the president did not have any responsibility for determining members to the CSC, and that the only responsibility for the president was to appoint or dismiss appointees as determined by parliament.

On 13 August, 51 out of 54 MPs present in the parliament voted in favor of appointing Reenee as Fahmy’s replacement, while the remaining three abstained.

In November last year parliament voted 38 – 32 to remove the CSC chair after the Independent Institutions Committee investigated a complaint of sexual harassment lodged by a female employee of the CSC.

On 14 March 2013 the Supreme Court ruled that parliament’s decision to remove Fahmy from his position was not based on reasonable grounds and invalidated the decision.

Local newspaper Haveeru reported that the alleged sexual harassment incident occurred on 29 May 2012, and that the victim was a female senior research officer.

On June 17, Parliament’s Independent Institutions Committee launched an investigation into the alleged harassment.

Fahmy was alleged to have called a female staff member over to him, taken her hand and asked her to stand in front of him so that others in the office could not see, and caressed her stomach saying ”it won’t do for a beautiful single woman like you to get fat.”

According to local media, the woman told her family about the incident, who then called Fahmy. Fahmy then sent her a text message apologising for the incident, reportedly stating, ”I work very closely with everyone. But I have learned my lesson this time.”

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JSC meetings with Fahmy in attendance “not valid,” concedes Attorney General

Attorney General Aishath Bisham told parliament’s Government Oversight Committee yesterday (June 4) that official meetings of a state institution would not be valid if a member with disputed legal status was in attendance.

In response to a question by MP Ali Waheed, the committee’s chair, Bisham insisted that Mohamed Fahmy Hassan would not have to be reinstated as chair of the Civil Service Commission (CSC) after the Supreme Court ruled that his removal by parliament was unconstitutional.

“My stand on this has not changed at all,” she said.

While Fahmy returned to work following the Supreme Court judgment, both Bisham and her predecessor Aishath Azima Shukoor had contended that he could not remain in the post.

Despite the previous Attorney General informing Fahmy of her legal opinion, the CSC later revealed that Fahmy resumed work after a letter from the President’s Office authorised him to do so.

Fahmy also began participating in meetings of the Judicial Service Commission (JSC) as an ex-officio member in his capacity as CSC chair.

Bisham told the oversight committee last night that she had shared her concerns with the JSC but refused to answer further questions on the issue.

Fahmy was in attendance at a JSC meeting on May 29 where a petition by Bisham to indefinitely suspend High Court Chief Judge Ahmed Shareef was voted through with three votes in favour and one against. Fahmy reportedly abstained in the vote.

Local media meanwhile reported yesterday that the JSC nominated Fahmy to represent the commission on the 13-member Zakat Committee, which was set up to oversee the Zakat trust fund.

At last night’s committee meeting, MP Ali Waheed asked Bisham whether a meeting of any state institution or independent commission with the participation of a member whose legal status was disputed could be valid.

“It would not [be valid],” she replied.

Following her concession, the Maldivian Democratic Party (MDP) MP for Thohdhoo in Alif Alif atoll thanked the Attorney General and immediately adjourned the committee meeting.

Supreme Court ruling

Fahmy was dismissed from his CSC post in November 2012 in a no-confidence vote in parliament following an inquiry by the Independent Institutions Committee into allegations of sexual harassment against a CSC employee.

Both Fahmy and the victim were summoned to committee after the complaint was lodged in the first week of June.

Fahmy was alleged to have called the female staff member over to him, taken her hand and asked her to stand in front of him so that others in the office could not see, and caressed her stomach saying ”it won’t do for a beautiful single woman like you to get fat.”

MPs voted 38-32 to approve the committee’s recommendation to remove Fahmy from the post.

The Supreme Court however ruled 6-1 in March 2013 that Fahmy would receive two punishments for the same crime if he was convicted at court following his dismissal by parliament (double jeopardy).

The apex court contended that the Independent Institutions Committee violated due process and principles of criminal justice procedure in dealing with the accused.

Delivering the judgment, Supreme Court Justice Abdulla Saeed reportedly said that a person should be considered innocent unless proven guilty in a court of law and was entitled to protect his reputation and dignity.

In his dissenting opinion, Justice Muthasim Adnan – the only Supreme Court justice with a background in common law – however noted that article 187(a) of the constitution authorised parliament to remove members of the CSC “on the ground of misconduct, incapacity or incompetence.”

Article 187(b) meanwhile states, “a finding to that effect by a committee of the People’s Majlis pursuant to article (a), and upon the approval of such finding by the People’s Majlis by a majority of those present and voting, calling for the member’s removal from office, such member shall be deemed removed from office.”

Justice Adnan argued that an inquiry by a parliamentary committee into alleged misconduct would not be a criminal investigation. Therefore, he added, the oversight committee would not be required to prove guilt to the extent required at trial before making a decision.

He further noted that parliament’s dismissal under the authority of article 187 and a possible conviction at a late date could not be considered meting out two punishments for the same offence.

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Police send CSC Fahmy’s sexual harassment case to Prosecutor General

Police have concluded their investigation into the alleged sexual harassment of Civil Service Commission (CSC) head Mohamed Fahmy, and have forwarded the case to the Prosecutor General’s Office.

Police Spokesperson Sub-Inspector Hassan Haneef told Minivan News that the case was forwarded to the Prosecutor General yesterday afternoon, after closing the investigation into the case.

Haneef said the police requested the PG press charges against Fahmy.

In June, Parliament’s Independent Institutions Committee launched an investigation into alleged harassment of a female staff member by the CSC Chair after a senior research officer at the CSC accused him of sexually harassing her.

Both Fahmy and the victim were summoned to committee after the complaint was lodged in the first week of June.

Fahmy was alleged to have called the female staff member over to him, taken her hand and asked her to stand in front of him so that others in the office could not see, and caressed her stomach saying ”it won’t do for a beautiful single woman like you to get fat.”

According to local media, the woman told her family about the incident, who then called Fahmy. Fahmy then sent her a text message apologising for the incident, reportedly stating, ”I work very closely with everyone. But I have learned my lesson this time.”

Speaking to Minvian News at the time, Fahmy said the allegation was false “and a blatant lie.”

“The female staff member concerned did not win a scholarship to Singapore, and that is why she is doing this in return,” Fahmy said.

The Independent Institutions Oversight Committee of the parliament concluded an investigation into the case and found Fahmy guilty, and asked him to resign within 14 days.

However Fahmy decided not to resign and the committee opted to forward the case to the parliament floor.

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Police investigating Fahmy’s alleged sexual harassment of a female staff

Police have said they are investigating the Chair of Civil Service Commission (CSC) Fahmy Hassan on allegations that he had sexually harassed female senior research officers working at the CSC.

Police Spokesperson Sub-Inspector Hassan Haneef today said that the case was lodged at police and police were investigating.

He said the investigations were still ongoing and did not disclose further information.

Parliament’s Independent Institutions Committee has also launched an investigation into alleged harassment of a female staff member by Fahmy.

Local newspaper Haveeru reported that the incident occurred on May 29 and the victim was a female senior research officer.

According to the paper, both Fahmy and the victim were summoned to committee after the complaint was lodged in the first week of June.

Fahmy was alleged to have called the female staff member over to him, taken her hand and asked her to stand in front of him so that others in the office could not see, and caressed her stomach saying ”it won’t do for a beautiful single woman like you to get fat.”

According to local media, the woman told her family about the incident, who then called Fahmy. Fahmy then sent her a text message apologising for the incident, reportedly stating, ”I work very closely with everyone. But I have learned my lesson this time.”

In response to the allegations Fahmy told Minivan News that the female staff made up the allegation after she knew she did not win a scholarship to Singapore offered by the CSC.

He alleged the claim was politically motivated issue, as she would have otherwise filed the case with police and not parliament.

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Independent Institutions Committee investigating CSC Chair for alleged sexual harassment

Parliament’s Independent Institutions Committee has launched an investigation into alleged harassment of a female staff member by the Civil Service Commission (CSC) Chair, Mohamed Fahmy.

Local newspaper Haveeru reported that the incident occurred on May 29 and the victim was a female senior research officer.

According to the paper, both Fahmy and the victim were summoned to committee after the complaint was lodged in the first week of June.

Fahmy was alleged to have called the female staff member over to him, taken her hand and asked her to stand in front of him so that others in the office could not see, and caressed her stomach saying ”it won’t do for a beautiful single woman like you to get fat.”

According to local media, the woman told her family about the incident, who then called Fahmy. Fahmy then sent her a text message apologising for the incident, reportedly stating, “I work very closely with everyone. But I have learned my lesson this time.”

Speaking to Minvian News today, Fahmy said the allegation was false “and a blatant lie.”

“The female staff member concerned did not win a scholarship to Singapore, and that is why she is doing this in return,” Fahmy said.

He alleged the claim was politically motivated issue, as she would have otherwise filed the case with police and not parliament.

“All I have to say is that it isn’t true,” he added.

Police Sub-Inspector Hassan Haneef said the police cases database did not show that the case had been reported.

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