Civil Court rules in favour of former Police Superintendent Jinah in Gassan Maumoon suit

The Civil Court has ruled that the court was unclear of the role former Police Superintendent and head of the Drug Enforcement Department (DED) had played in obstructing the basic rights of Gassan Maumoon, following his arrest last year on suspicion of dropping a wooden plank from a six story building into a crowed of Maldivian Democratic Party (MDP) supporters.

Gassan Maumoon, son of former President Maumoon Abdul Gayoom, filed the suit against Jinah after police arrested him on allegations that he had dropped the wooden plank into the MDP supporters, striking the head of a 17 year-old boy.

Police at the time said that the victim, Hussein Hassan of Thinadhoo in Gaaf Dhaal, had to undergo brain surgery to repair damage to his skull.

Civil Court Judge Aisha Shujoon ruled that the Police Integrity Commission (PIC), the oversight body of the police, had told the court that the case was lodged at the commission and that it had decided that Jianh did not have to take responsibility for Gassan’s arrest.

Chief Judge of the Criminal Court Abdulla Mohamed at the time ruled that his arrest was unlawful and ordered his immediate release, despite early evidence being produced to the court supporting police claims.

The Judicial Services Commission (JSC) had recently competed a report on Abdulla Mohamed detailing the judge’s misconduct, notably politically-biased comments given to opposition-aligned private broadcaster DhiTV. This would later lead to his detention by the military, opposition protests and ultimately the toppling of the Nasheed administration in a police and military mutiny on February 7 this year.

In his counter suit filed in the Civil Court, Gassan contended that the Criminal Court had ruled that the arrest was unlawful and requested the court make Jinah take responsibility for his unlawful arrest, and pay him compensation.

At a press briefing at the time, Superintendent Jinah said police wished to “reveal the truth” about the incident as “deliberately false allegations have been made against police using the media” to bring the institution into disrepute, and “relentless attempts” had been made to cast aspersions on police and its senior officers by members of the then-opposition.

Police at the time exhibited video footage of a wooden pole thrown from above injuring the 17 year-old during the MDP protest against judicial corruption, which took place outside former President Gayoom’s residence, Maafanu Endherimaage.

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Gassan Maumoon sues Police Chief Superintendent Jinah for unlawful arrest

Gassan Maumoon, son of former President Maumoon Abdul Gayoom, has filed a case at the Civil Court against Chief Superintendent of Police Mohamed Jinah, claiming that Gassan was unlawfully arrested on his order.

Gassan’s lawyer Mohamed Waheed Ibrahim ‘Wadde’ confirmed that the case was filed yesterday.

Gassan was arrested last month on allegations that he hurled a wooden plank at protesters from his balcony on October 20. A 17 year-old was critically injured after the plank struck him on the head, resulting in skull fractures and paralysis down his left side.

Waheed told local media this week that Jinah’s order to arrest Gassan was unconstitutional and violated provisions of the police act. The Civil Court was requested to determine that Jinah’s order was unlawful.

Chief Judge of the Criminal Court Abdulla Mohamed had ruled that Gassan’s arrest was unlawful and ordered his immediate release.

The Judicial Services Commission (JSC) has recently competed a report on Abdulla Mohamed detailing the judge’s misconduct, notably politically-biased comments given to opposition-aligned private broadcaster DhiTV.

Contacted for a comment today, Chief Superintended Jinah referred Minivan News to Police Spokesperson Sub-Inspector Ahmed Shiyam.

Shiyam said police did not wish to comment on a case involving the arrest of a specific individual.

“Besides, the police have not been officially informed of this case,” he added.

Following his release by the Criminal Court, Jinah held a press conference and exhibited video footage of the plank hitting the 17 year-old.

Jinah had said at the press conference on October 16 that police wished to “reveal the truth” about the incident as “deliberately false allegations have been made against police using the media” to bring the institution into disrepute and cast aspersions on senior officers.

Police decided to reveal the video footage to the public because “many people have been using different media to claim that [the incident] never happened and make serious allegations against police,” Jinah had said.

He told the media that the court was now requested to determine that Jinah personally has the responsible to his orders.

When Gassan was arrested, former Attorney General Azima Shukoor and Waheed both went to the Criminal Court and filed a case against police claiming that the arrest was unlawful and to order immediate release of Gassan, to which court the court agreed and ordered immediate release of Gassan.

When Minivan News contacted Jinah for a comment he referred Minivan News to Police Spokesperson Sub-Inspector Ahmed Shiyam.

Shiyam said that police have been arresting different persons to investigate cases presented to the police and that police would not like to comment on a specific person’s case.

‘’Besides, the police have not been officially informed of this case,’’ he added.

After the incident police met with the press and viewed video footage captured near Aliwaage when the wooden plank was dropped.

Opposition that time said that the wooden plank did not come from Aliwaage and insisted that it was thrown at Aliwaage from the ground.

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Journalist fined for defaming Ghassan

The former editor of weekly magazine Sandhaanu has been ordered to pay Rf5000 (US$389)for defaming Mohamed Ghassan Maumoon, the former president’s son.

Ghassan took Abdulla ‘Fahala’ Saeed to the civil court seeking Rf3.375 million (US$262,600) over an article Fahala had written in the 118th edition of Sandhaanu magazine.

Ghassan claimed he lost support in the parliamentary election because of rumours about him published in an article written by Fahala.

Fahala claimed that the Rf5000 fine was “an injustice” and announced he intended to take the case to high court.

”The judge did not even look at the article I wrote, I was sentenced based on what Ghassan had said,” Fahala claimed.

He insisted that he did not defame Ghassan “but ‘wrote it as it was a rumor spreading.”

”In that article I mentioned that it was a rumour. People were speaking about it everywhere in the Maldives,” he said.

Ghassan is currently in India and did not respond to Minivan News’ request for comment.

However spokesman for the former president, Mohamed Hussain ‘Mundhu’ Shareef, said the judgement was fair and Fahala was free to take the case to the high court.

“[The court] has proved the rumors people spread about former president Maumoon Abdul Gayoom and his family were lies,” Mundhu said.

People who committed “ugly crimes” while working for the government should be “kicked out”, Mundhu said, “if the government does not want to lose respect in front of the people.”

President of the Maldives Journalism Association (MJA) Ahmed ‘Hiriga’ Zahir said the case would not affect journalism in the Maldives.

”Fining for defamation is a punishment practiced everywhere in the world. Journalists should be careful about it,” Hiriga said.

Journalists had a responsibility “to write true information about people”, he said.

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