Former president Maumoon Abdul Gayoom’s son, Gassan Maumoon, has been appointed state minister at the president’s office today.
Gassan was previously state minister at the ministry of youth and sports. He is president Abdulla Yameen’s nephew.
The reasons for the transfer is unclear.
Gayoom meanwhile denied rumours of a rift between himself and his half-brother this week following claims by the opposition that the ruling Progressive Party of Maldives leader is unhappy with the current administration.
Dhivehi Rayyithunge Party (DRP) MP Rozaina Adam leaked invoices and bills through Twitter on Friday, exposing the extravagant expenses of former President Maumoon Abdul Gayoom’s family out of the former presidential palace Theemuge’s budget allocated for helping the poor.
Responding to allegations of corruption against her father by supporters of former President Gayoom’s Progressive Party of Maldives (PPM), which were backed by PPM MP Ahmed Mahloof, MP Rozaina claimed that Mahloof was given SGD$28,000 out of the Theemuge budget for a “nose job”.
After suggesting that the MP for Thulusdhoo was “possessed by jinns,” MP Mahloof replied that he received assistance from the Theemuge budget for “a serious surgery,” adding, “it was not theft.”
Rozaina however went on to post photos of invoices from Theemuge for purchases of jewelry and other items as well as hotel bills from Singapore for Gayoom’s family and associates, challenging the PPM MP to defend the lavish expenses.
According to Rozaina, the invoices were sent to parliament’s Finance Committee this year attached to the Theemuge audit report for 2007 and 2008. Reviewing audit reports of state institutions is part of the powerful public accounts oversight committee’s mandate.
An invoice dated March 31, 2008 showed SGD$14,977 spent for trouser material (polyester viscose), which was authorised and signed by former Executive Director of the Presidential Palace Ismail Faiz.
Yet another invoice showed over SGD$28,000 paid out of the Theemuge account to the Grand Hyatt in Singapore.
“Yumna’s [Abdul Gayoom] hotel bill from the funds allocated to the Theemuge budget to help impoverished citizens,” MP Rozaina explained.
MP Rozaina also uploaded a credit card statement amounting to US$12,456 dated July 31, 2008 of a shopping spree in London.
“Documentary evidence”
Pressed by Twitter users as to why she had not spoken about the Theemuge expenses before, Rozaina tweeted, “I thought auditor general was politicising. He sent all the bills this year.”
“Previously it was just a report,” she added. “Documentary evidence was sent to the Majlis only this year.”
The MP for Thulusdhoo revealed that parliament’s Finance Committee was reviewing the Theemuge audit report.
MP Rozaina’s husband and DRP MP for Raa Atoll Alifushi, Mohamed Nashiz, is the deputy chair of the committee.
Speaking in parliament last week, MP Rozaina alleged that the Maldivian embassy in the UK spent funds out of its budget to hold a birthday party for Gassan Maumoon, youngest son of former President Gayoom.
Replying to former Transport Minister Adhil Saleem on Twitter, who encouraged her to “tell the world” as there was “no going back,” Rozaina tweeted: “I would never even think of going back. These people are criminals. Specially MAG’s [Maumoon Abdul Gayoom’s] good for nothing kids spending ppls [people’s] money.”
In September 2011, former President Gayoom left the DRP to form the PPM following an acrimonious split within the DRP and a public spat with his successor and former vice-presidential candidate, DRP Leader and MP for Baa Atoll Kendhoo Ahmed Thasmeen Ali, brother-in-law of MP Rozaina.
One of the leaked credit card statements
“In accordance with rules and regulations”
Meanwhile, the former President’s attorney, Ibrahim Waheed, released a press statement today countering Rozaina’s allegations. Waheed insisted that all expenditure out of Theemuge was “in accordance with the rules and regulations” and in line with the former presidential palace’s budget approved by parliament.
Waheed added that all records and documentation of expenditure were left at the palace files when the former president left office in November 2008. After President Mohamed Nasheed assumed the presidency, he moved the official presidential residence to Muleeage and relocated the Supreme Court and High Court to the former palace.
The statement from Gayoom’s lawyer went on to dismiss Rozaina’s allegations as “baseless” and “bald-faced lies.”
Waheed suggested that the DRP MPs’ accusations were motivated “out of jealousy” caused by the loss of support for her party and the growing strength of PPM, which was “as evident as the noon-day sun.”
The statement further claimed that the Presidential Commission formed by former President Nasheed to investigate corruption and misappropriation of funds – uncovered in over 30 audit reports – failed to find any wrongdoing by Gayoom.
Responding to the statement on Twitter today, Rozaina argued that although Gayoom was the highest authority in the land under the old “blue constitution,” public funds were “misused” when it was spent on the former President’s family and associates.
The report stated that 49 percent of the palace’s budget, equivalent to MVR 48.2 million (US$3,750,000 at the time), was diverted from the budget for the poor in 2007 and 52 percent, MVR 44.9 million (US$3,500,000), in 2008.
“We believe this is corruption and misappropriation of public funds,” the former Auditor General stated.
An examination of invoices revealed that funds intended for the poor were instead spent on medical trips to Singapore by “influential senior officials”.
This included their travel expenses, stay in expensive hotels, food, taxi fare, long-term apartment rental and medical check-ups.
More than SGD$ 2.3 million (US$1,500,000) was spent on one of Gayoom’s relatives and his family on trips to Singapore throughout 2007 and SGD$ 1.4 million (US$930,000) for another relative and his family for multiple trips to Singapore.
In March 2008, SGD$23,756 (US$16,000) was spent for a minister’s grandson to stay in a hotel in Singapore for 21 days; in April, SGD$50,022 (US$33,000) was spent on medical expenses for a friend of the president’s; and in July 2008, SGD$6,905 (US$4,600) was spent on two pairs of glasses for a minister and his wife.
US$13,000 in cash was given to the leader of an unnamed political party on different occasions throughout 2008.
The funds, spent by the Maldives Government Trade Centre (MGTC) in Singapore, were to be reimbursed by Theemuge.
Invoices and statements of the expenses revealed that most of the trips were arranged via a note or telephone call from Theemuge rather than through a formal procedure.
The invoices leaked by Rozaina showed that “verbal authorisation” was given by Theemuge senior officials.
“Therefore, as these expenses were made to gain the love, loyalty and support of the recipients, and since these expenses were not made for state purposes or for the benefit of all citizens, we note that these expenses were made unlawfully from the budget for personal benefit and gain,” the audit report stated.
The audit report further revealed that funds were unaccounted for in the construction of the presidential palace, which exceeded its budget by US$1.7 million. The total cost of the project amounted to MVR 207 million (US$17 million).
President Mohamed Waheed Hassan has appointed seven state ministers for various ministries in a ceremony held in the President’s office yesterday.
The newly appointed state ministers were Imad Solih as the Minister of State for Education, Fuad Gasim as the Minister of State for Fisheries and Agriculture, Ahmed Shameem and Mariyam Mizna Shareef as Ministers of State for Tourism, Arts and Culture, Abdulla Ameen as the Minister of State for Economic Development, Gassan Maumoon as the Minister of State for Human Resources, Youth and Sports and Sheikh Mohamed Didi as the Minister of State for Islamic Affairs.
Gassan Maumoon, appointed Minister of State for Human Resources, Youth and Sport, is the son of former President Maumoon Abdul Gayoom. Gassan also contested in the last parliamentary elections under a DRP ticket against the recently unseated MDP MP Musthafa. Gassan lost the election twice, after the Elections Commission held the election for a second time after the first election was declared invalid.
The Criminal Court in October 2011 ruled that the arrest of Gassan was unlawful, after he was summoned for questioning in connection with an injury sustained by an MDP protester outside his residence Endherimaage.
During the incident, a 17-year-old boy was struck on the head with a wooden plank allegedly thrown from Endherimaage, while protesters led by MDP MPs, councillors and senior members were marching by the former President’s residence. Police submitted documents containing early evidence for the judge’s considering, including a medical report of the injuries sustained by the 17-year-old, photos, witness statements and “evidence we collected from the scene.”
Gassan’s legal team, including current Attorney General Azima Shukoor, argued that witness statements were invalid as they would have come from “people participating in an unlawful assembly.”
Police argued at the time that if Gassan’s arrest was unlawful, “everyone police have ever arrested and brought before the court [for extension of detention] have been arrested in violation of the constitution”, and suggested that Gassan’s legal team was “concerned that we might present evidence” and that the legal argument bore “no weight.”
Imad Solih, appointed as the state minister of education, is currently the deputy leader of Dr Hassan Saeed’s Dhivehi Qaumee Party (DQP) and was a former presidential appointee to the People’s Special Majlis during the time when the constitution was drafted.
Gasim, appointed as the state minister for fisheries and agriculture, is the current secretary general and a council member of business tycoon and politician Gasim Ibrahim’s Jumhoree Party (JP).
Shameem, the newly appointed State Minister for Tourism, Arts and Culture, is a senior member and a council member of Dr Munavvar’s political party, the Maldives Reform Movement. Shameem is also the brother of the Human Rights Commission member Dr Ali Shameem.
Ameen, appointed as the Minister of State for Economic Development, is the current Secretary General of Dr Hassan Saeed’s DQP.
Mariyam Mizna Shareef, who was made state minister for tourism, arts and culture, is the daughter of DRP deputy leader Ahmed Shareef.
Sheikh Mohamed Didi, appointed as the State Minister for Islamic Affairs, is the President of the Civil Alliance, an umbrella coalition of NGOs behind the December 23 movement in defence of Islam. Didi also played a pivotal role in organising the 23 December Islamic rally and has been working with the opposition during the tenure of President Nasheed.
President Waheed, speaking to the newly appointed state ministers, expressed confidence in the new appointees and that he had no doubt in that they would serve the nation with best of their capacities.
MDP Spokesperson Imthiyas Fahumy said: ” Gassan is not at all experienced in working in such a position. What is happening right now is exactly what happened during Gayoom’s regime.”
“We are day-by-day seeing that Waheed does not have full power over this government. Someone else from Maumoon’s end is controlling this. Those who were involved in this coup are getting the positions,” Fahumy said.
Police have concluded its investigation into Mohamed Gassan Maumoon, son of former President Maumoon Abdul Gayoom, allegedly throwing a 5-foot plank at protesters outside his residence and critically injuring a 17-year-old and sent the case for prosecution.
Cases against activists of the ruling Maldivian Democratic Party (MDP) were also sent to the Prosecutor General’s Office (PGO) for allegedly damaging private property during the protest on October 20.
The High Court has rejected the appeal submitted by Attorney General (AG) to re-arrest Gassan Maumoon, son of Former President Maumoon Abdul Gayoom and to rule that his arrest was lawful, after the Criminal Court last week found that his detention was unlawful and ordered his release.
According to local newspapers the High Court rejected the case because the case was presented 48 hours after the ruling was made, and secondly because the case was presented by the AG.
The High Court said the AG cannot present criminal cases to the court on behalf of the state and that only the Prosecutor General (PG) has that authority.
Gassan Maumoon was arrested after a 17-year-old boy was severely injured in a Maldivian Democratic Party (MDP) protest against the judiciary that started near the Supreme Court and later moved towards the residence of former President.
The 17-year-old was struck in the head by a wooden plank that was allegedly thrown down from the former president’s residence. Gassan was subsequently accused of the violent act.
After the Criminal Court ruling, the police said they were confused whether the arrests made in the past will be lawful and said they were considering the release of many dangerous criminals who were arrested according the same procedures used with Gassan.
Following the ruling the police met with PG Ahmed Muiz for advice. The PG allegedly told the police officers to leave his office immediately.
The government concluded that it cannot work with the current PG and decided to forward a no-confidence motion against Muiz, which would lead to dismissal if passed.
However, the no-confidence motion has not been forwarded.
The Attorney General’s (AG) Office has appealed the Criminal Court’s ruling that the arrest of Gassan Maumoon was unconstitutional.
The AG’s Office told local media that it appealed because the court’s ruling contained “legal issues” and was delivered in a case that the police had not filed.
Gassan Maumoon, son of former president Maumoon Abdul Gayoom, was arrested on Monday, October 23 for allegedly throwing a wooden plank that struck and critically injured a 17-year-old boy during a protest outside of the family’s household, Endherimaage.
The protest was held by the ruling Maldivian Democratic Party (MDP) on October 20. Gassan was subsequently summoned twice by police, and later taken to Dhoonidhoo prison for further enquiry.
The Criminal Court however released Gassan under the claim that his arrest violated procedures established by the Supreme Court for operating article 46 of the constitution.
The ruling came after Gassan’s lawyers applied for a writ of ‘habeas corpus’, or release from unlawful detention. They argued that due process was violated as the circumstances of his arrest did not fall under exceptions provided for in the constitution where police could arrest suspects without an arrest warrant.
Article 46 states that, “No person shall be arrested or detained for an offence unless the arresting officer observes the offence being committed, or has reasonable and probable grounds or evidence to believe the person has committed an offence or is about to commit an offence, or under the authority of an arrest warrant issued by the court.”
President’s Office Press Secretary Mohamed Zuhair added that the court had cited a precedent set by the Supreme Court on a similar case, stating that a suspect should be arrested at the scene of the crime. Otherwise, said Zuhair, a suspect should be arrested at the scene where evidence is found.
Zuhair observed that the court’s policy on article 46 restricts the due course of justice.
“The police had investigated the case and detained Gassan when they thought they had enough evidence. They submitted the evidence to the court and followed the procedures in place. What other procedures should they use, especially in a time-sensitive case such as a case of violence?” he said.
Zuhair added that if the court’s claim against the police’s arrest procedures went undisputed, all individuals arrested during the protest would have to be released.
Police Superintendent Mohamed Jinah insisted at the time of the court’s ruling that the arrest was lawful as police had reasonable grounds to suspect Gassan had committed a crime and were prepared to submit early evidence.
If Gassan’s arrest was unlawful, said Jinah, “everyone police have arrested and brought before the court [for extension of detention] was arrested in violation of the constitution.”
On October 26, police released 11 suspects who had been arrested without a warrant on suspicion of having committed an offence.
When asked if the appeal was expected to overturn the court’s ruling against the police. Zuhair was optimistic.
There are two key points of argument, he said. “How was a private member of Gayoom’s family able to launch a case in the Criminal Court without first going through the Civil Court, as is the usual course of action, and secondly, how else were the police supposed to submit their evidence, other than the procedure in place, which they used?”
Gassan’s case involves another first: after the police were allegedly summoned to and “thrown out” of the Prosecutor General’s (PG) office, the PG publicly stated that it was seeking legal advice from the Supreme Court. “This is unprecedented, usually these cases are appealed to the High Court,” Zuhair said.
“I hope this is resolved quickly because there is a growing concern among a wide section of society over the impartiality of the judiciary,” he concluded.
Recently, MDP requested international assistance in overcoming the “increasingly blatant collusion between politicians loyal to the former autocratic President, Maumoon Abdul Gayoom, and senior members of the judiciary.”
The request was made in relation to a Supreme Court case in which Gassan has contested MP Mohamed Musthafa’s election to parliament in May 2009.
“The Supreme Court case is the latest installment of an ongoing attempt by Gayoom to secure a parliamentary seat for his son, Gassan Maumoon,” a statement sent by MDP and subsequently forwarded to diplomatic missions and United Nations offices by the Foreign Ministry alleged.
Recent actions in the judicial system have indicated a deep and tangled history of politically biased judicial rulings.
The Judicial Services Commission (JSC), the watchdog body charged with overseeing the judiciary, abolished its Complaints Committee citing “efficiency”, with complaints against judges subsequently forwarded for review by the legal section and Chair Adam Mohamed Abdulla, a Supreme Court Justice.
Last year the JSC received 143 complaints concerning the conduct of judges. By its own statistics none were tabled in the commission, and only five were ever replied to.
Chair of the former complaints commission, Aishath Velezinee, was meanwhile stabbed in the street in January this year.
The JSC also failed to table or even acknowledge receipt of a report on the judiciary produced by the International Commission of Jurists (ICJ), which questioned whether the JSC possessed the technical ability and knowledge to investigate complaints and hold the judiciary accountable, as well as its independence.
In the wake of these developments, Zuhair said lawyers have begun forums to openly discuss allegations against the judicial system. “They are active and getting a fair amount of media coverage, I think they may formulate reforms for two laws concerning judges and the judiciary,” he said.
The laws involve the process of appointing judges to the Supreme Court, and the qualifications required of a Supreme Court judge.
Police have exhibited video footage of a wooden pole thrown from above injuring a 17 year-old during a Maldivian Democratic Party (MDP) protest outside former President Maumoon Abdul Gayoom’s residence, Maafanu Endherimaage.
At a press briefing last night, Superintendent Mohamed 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.
On Monday, police arrested Gassan Maumoon, son of the former President, on suspicion of hurling the 5-foot block of wood from the Endherimaage building. The Criminal Court however ruled that his arrest was unlawful and ordered his release.
The video footage shows the wooden pole strike the victim on the head and the crowd scattering after other objects were thrown down. In the immediate aftermath of the incident, Minivan News journalists observed gravel, hot boiling water and sharp metal objects raining down on protesters.
Jinah said the victim, Hussein Hassan, Gaaf Dhaal Thinadhoo Semy, had to undergo brain surgery to repair damage to his skull and “one side of his body is paralysed.”
Police did not want to reveal such video footage to the public lightly, said Jinah, but did so in this case because “many people have been using different media to claim that [the incident] never happened and make serious allegations against police contrary to the truth of the matter to bring the institution into disrepute.”
Police were also investigating damage caused to private property during the MDP protest and ascertaining the cost of the damages, Jinah said, adding however that police had not been provided security camera footage from residences in the area upon request.
Two MDP activists were arrested on suspicion of causing damage to the former President’s residence and adjoining houses. The pair have since been released after interrogation despite the Criminal Court extending their arrest for five days.
Of the two cases under investigation, said Jinah, “the most important and serious matter” was the “life-threatening” incident that left the 17-year-old hospitalised.
“We had reasons to implicate Gassan Maumoon in this matter,” Jinah said, adding that police had statements from eight witnesses who saw Gassan on the balcony as well as photos taken by a police forensic team of wooden poles inside the Endherimaage building Thursday night.
In addition to eyewitness testimony and forensic evidence, said Jinah, the “most important reason” for suspecting Gassan was his admission upon questioning that he did step out to the balcony.
When Gassan let slip that he was on the balcony, Jinah said “after a gesture from his lawyer he then exercised the right to remain silent.”
“When a police investigation team gets such information, there is no reason not to suspect a person of committing a crime,” he asserted.
The Criminal Court’s decision to order Gassan’s release was not based on the evidence submitted but “a procedural point” argued by the legal team of the accused.
Gassan’s lawyers filed an application for a writ of habeas corpus, or release from unlawful arrest, before police were due to take the former President’s son before the Criminal Court for an extension of detention.
The Criminal Court has since imposed a one-month travel ban upon request by police.
Meanwhile in a video message released before his arrest with footage from opposition-aligned private broadcaster DhiTV, Gassan denied the allegations and said he heard the protesters call for Gayoom to be “brought out, killed and dragged through the street.”
“At this dangerous moment, my priority was to take my father and mother to what I saw as the safest place in the house,” he said. “Afterwards, I called Commissioner of Police Ahmed Faseeh and asked for help to save us. However we haven’t seen those who committed this atrocity taken for interrogation.”
After being summoned for questioning on Saturday, Gassan noted that police informed his lawyer by phone that a second summons chit was cancelled.
However, a third chit was issued the night before his arrest: “We believe that a third chit came to me after the government directly influenced police and ordered them,” he said.
Asked about the circumstances surrounding Gassan’s arrest, Jinah said Gassan was summoned a second time after receiving new information.
“We decided to take him into custody at the police headquarters,” he said. “If a person cannot be arrested at a police office, I don’t believe we can arrest a person on the street either.”
The Maldives Police Service is reviewing the legality of a number of arrests made under article 46 of the constitution, after the Criminal Court ruled last night that the arrest of Gassan Maumoon, son of former President Maumoon Abdul Gayoom, was unlawful.
Police Sub-Inspector Ahmed Shiyam explained that police were studying the cases to determine whether the arrests were lawful in light of the Criminal Court precedent, and considering releasing the suspects.
Chief Judge Abdulla Mohamed ruled last night that Gassan was arrested in violation of article 46 of the constitution and a Supreme Court precedent establishing criminal justice procedures.
Article 46 states, “No person shall be arrested or detained for an offence unless the arresting officer observes the offence being committed, or has reasonable and probable grounds or evidence to believe the person has committed an offence or is about to commit an offence, or under the authority of an arrest warrant issued by the court.”
Gassan’s lawyers argued at court that as the former President’s son was taken into custody without an arrest warrant after he was summoned for questioning, the circumstances of his arrest does not fit the exceptions provided for in the constitution where suspects could be arrested without a court order.
Sub-Inspector Shiyam however said there were “dangerous criminals we have arrested following the same procedure for committing offences such as child molestation, drugs and assault and battery.”
Police were currently reviewing the cases of “over 300” suspects to determine if their arrests were constitutional, he said.
Responding to the legal arguments from Gassan’s lawyers at the Criminal Court hearing yesterday, Police Superintendent Mohamed Jinah said if Gassan’s arrest was unlawful, “every one police have arrested and brought before the court [for extension of detention] was arrested in violation of the constitution.”
Jinah insisted that the arrest was lawful as police had reasonable grounds to suspect Gassan had committed a crime and were prepared to submit early evidence for an extension of detention.
Speaking to Minivan News today, Progressive Party of Maldives (PPM) Spokesperson MP Ahmed Mahlouf said the police statement was intended to “put the lid on Gassan’s arrest,” which he said had drawn public anger towards the government.
Mahlouf noted that only the Criminal Court, High Court or Supreme Court could order the release of suspects held in remand detention and “not the President’s Office or Home Ministry.”
“And the only way to change a Criminal Court ruling is to appeal it at the High Court,” he said, adding that the Supreme Court precedent in July 2010 established that only the Prosecutor General could file such appeals.
The PPM also filed three complaints at the Police Integrity Commission (PIC) regarding Thursday’s disturbances, Mahlouf said, which involved the police reaction to the MDP protest outside the Supreme Court and police failure to intercede when MDP activists damaged the property of the former President.
The party also filed a complaint about the summons chit sent to Gassan Maumoon, he continued, which he argued was “unlawful” as the former President’s son had exercised his right to remain silent when he was first summoned on Saturday.
The PIC had invited PPM members for a meeting regarding the complaints at 12:00pm tomorrow, he said, adding that the commission had formed three committees to investigate the matter.
Two activists of the ruling Maldivian Democratic Party (MDP) arrested for their involvement in disturbances outside the former President’s residence, Endherimaage, last Thursday were meanwhile released from custody today.
The Criminal Court yesterday approved a five-day extension of detention for MDP activist Ilham. Following his release last night, Ilham’s lawyer Abdulla Haseen said Gassan was arrested on suspicion of endangering a person’s life while Ilham was arrested on suspicion of damaging personal property during Thursday’s protest.
But, said Haseen, while Ilham was handcuffed and had his detention extended by the court, Gassan was treated very differently.
Supporters of the former PPM attacked Housing Ministry’s State Minister Dr Mohamed Shareef yesterday when he arrived from a conference in Bandos while PPM activists were demonstrating outside the police headquarters.
Sub-Inspector Shiyam said today that no arrests had been made yet in connection with the attack, footage of which was shown on Villa Television yesterday. The PPM supporters also stormed into the Home Ministry and met with senior officials to complain of Gassan’s arrest.
No-confidence
President’s Office Press Secretary Mohamed Zuhair meanwhile told Minivan News that in the wake of yesterday’s Criminal Court ruling, “all the arrests made in the past using the same procedure will be unlawful.”
Zuhair revealed that a team of senior police officers met with Prosecutor General (PG) Ahmed Muiz today to discuss the implication of last night’s precedent.
“He did not speak on the issue and rather questioned the police about some past incidents that he asked police to investigate and told the police to leave the PG Office immediately,” Zuhair said.
Following the actions of the PG, said Zuhair, the executive believed the government could no longer work with him.
“We will file a no-confidence motion against him [in parliament] very soon,” he said.
PG Muiz was unavailable for comment today.
PPM Spokesperson Mahlouf said the party would do “everything we can to save the PG” and such targeting of independent institutions the government was displeased with was “unacceptable.”
Criminal Court Chief Judge Abdulla Mohamed ruled tonight that police arrested Gassan Maumoon in violation of the constitution and a Supreme Court precedent establishing criminal justice procedures after his lawyers filed an application for a writ of ‘habeas corpus’, or release from unlawful detention.
After the case was filed this afternoon, the court issued an order to the police to bring Gassan to the court before 4:00pm today.
Gassan’s legal team, including former Attorney General Azima Shukoor and former President Maumoon Abdul Gayoom’s lawyer Mohamed Waheed Ibrahim ‘Wadde’, argued that Gassan’s arrest after being summoned to police headquarters at 10:00am was in violation of article 46 of the constitution.
Article 46 states, “No person shall be arrested or detained for an offence unless the arresting officer observes the offence being committed, or has reasonable and probable grounds or evidence to believe the person has committed an offence or is about to commit an offence, or under the authority of an arrest warrant issued by the court.”
Gassan’s legal team also claimed procedural violations in the arrest based on the precedent established by a Supreme Court ruling (page 11 point 11) in July 2010 overturning a High Court ruling extending the arrest of MPs Abdulla Yameen and Gasim Ibrahim.
Azima argued that the precedent established that the burden of proof falls on the state before arresting suspects.
Noting that police did not seek a court order for Gassan’s arrest, which was the “established norm,” Azima said the circumstances of his arrest did not fall under exceptions provided for in the constitution where police could arrest suspects without an arrest warrant.
Gassan’s lawyers noted that he was arrested four days after the incident took place.
In the absence of a Criminal Procedures Act, said Azima, the precedent should be followed in interpreting article 46 of the constitution.
Moreover, she added, Gassan was arrested through “deception” as “my client did not present himself to police to be arrested.”
Gassan was first summoned for questioning last Saturday concerning disturbances outside his residence Endherimaage on Thursday during a protest by the ruling Maldivian Democratic Party (MDP).
During the protest a 17-year-old boy was struck on the head with a wooden plank allegedly thrown from Endherimaage while protesters led by MDP MPs, councillors and senior members were outside the former President’s residence.
Responding to Azima’s arguments at court today, Police Superintendent Mohamed Jinah insisted that the arrest was lawful as police had reasonable grounds to suspect Gassan had committed a crime and were prepared to submit early evidence.
If Gassan’s arrest was unlawful, said Jinah, “everyone police have arrested and brought before the court [for extension of detention] was arrested in violation of the constitution.”
Jinah suggested that Gassan’s legal team was “concerned that we might present evidence” and that the legal argument bore “no weight.”
The top police attorney submitted documents containing early evidence for the judge’s considering, including a medical report of the injuries sustained by the 17-year-old, photos, witness statements and “evidence we collected from the scene.”
The evidence was submitted despite the hearing being held on the case filed by Gassan’s lawyers contesting the legality of his arrest. Police were due to bring the former President’s son before court at 7:00pm to determine if his detention could be extended.
Jinah said police had reason to believe the investigation could be compromised if Gassan was released from custody.
Although the early evidence was not shared with the defence counsels, Azima argued that witness statements were invalid as they would have come from “people participating in an unlawful assembly.”
When Azima contended that the police claims conflicted with media reports on Thursday’s incidents, Jinah noted that “different media reported the same incident in very different ways.”
Gassan’s lawyers meanwhile submitted as counter-evidence photographs and video footage showing an MDP protester carrying a wooden plank. The footage was first aired on private broadcaster DhiTV challenging the MDP’s contention that the wooden plank was hurled from a second floor balcony of Maafanu Endherigas.
Azima argued that the nature of the evidence submitted was not enough “to establish a causal link between the suspect and the crime.”
When Gassan’s lawyer Maumoon Hameed criticised police for not examining “publicly available video footage,” Jinah said police had requested video footage from media outlets as well as footage caught on private security cameras.
Supporters of the former President’s newly-formed Progressive Party of Maldives (PPM) were camped outside the Justice building for the duration of the hearing carrying “Free Gassan” placards and celebrated with loud cheering when Gassan emerged from court.
Later in the day, activists of the ruling party gathered to protest outside the Supreme Court behind police lines. A heavy police presence kept the rival protesters at opposite ends of the court building.
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