Tag: high court

Drug kingpin appeals sentence from Sri Lanka

The ringleader of a nationwide drug network who is currently in Sri Lanka for medical treatment has asked the High Court to review his 18-year jail term.

Ibrahim Shafaz ‘Shafa’ Abdul Razzaq, 32, of Maafannu Lonumidhilige was sentenced to 18 years in prison and fined MVR75,000 (US$4,860) for drug trafficking in November.

Shafaz’s departure to Sri Lanka caused a furor in local media last week with newspaper Haveeru claiming the Maldives Correctional Services (MCS) were not informed of a date for the inmate’s return. An MCS officer did not accompany Shafaz, the local daily reported.

Opposition aligned broadcaster Raajje TV alleged Shafaz was not listed in the immigration control system as a convict when he boarded the midnight flight with his family.

But High Court procedures say appellants in criminal cases must be present in the courtroom for trials to proceed.

Meanwhile, Commissioner of Prisons Moosa Azim said all due procedures had been followed in allowing Shafaz to leave to get medical treatment.

Article 70 and 110 of the new Jails and Parole Act states the Commissioner of Prisons may release an inmate to seek medical treatment abroad, on the advise of a medical board, if such care is not available in the Maldives.

“A medical officer does not have to accompany the inmate. He was allowed to leave under an agreement with his family. Family members will be held accountable for his actions, including failure to return,” Azim told Minivan News.

Although an inmate is given a maximum three-month period for treatment, the duration may be extended if documents prove further care is required.

“Shafaz’s family is required to keep us informed through daily reports,”Azim said.

Operation Challenge

Shafaz was arrested on June 24, 2011 with 896 grams of heroin from a rented apartment in a building owned by PPM MP Ahmed ‘Redwave’ Saleem.

Former head of the Drug Enforcement Department (DED), Superintendent Mohamed Jinah, told the press at the time that police raided Henveiru Fashan based on intelligence information gathered in the two-year long “Operation Challenge.”

Jihah labeled Shafaz a high-profile drug dealer suspected of smuggling and supplying drugs since 2006.

The traffickers had been using an authorised money changer called A J Emporium to transfer funds to Sri Lanka, Jinah revealed.

The drugs were believed to have been smuggled via Sri Lankan Airlines.

Jinah claimed that the network smuggled drugs worth MVR1.3 million (US$84,306) to the Maldives between February and April 2011.

Police also discovered that Shafaz had bought a shop named ‘Charm’ for MVR150,000 (US$9700) that was sold in June 2011 for MVR200,000 (US$12,970).

Moreover, Shafaz was renting three apartments in Malé and owned a tailor shop bought for MVR200,000 (US$13,000), a shop in Kaafu Atoll Maafushi, and a Suzuki Swift car worth MVR180,000 (US$11,673), later sold for MVR170,000 (US$11,025).

As Shafaz was not in the room with the drugs at the time of the raid and his fingerprints were not found on the confiscated drugs, the Criminal Court ruled last year that there was not enough evidence to convict Shafaz on one count of the drug charges.

However, he was found guilty on the second count based on recorded phone conversations and financial transactions with a contact in Colombo, believed to be the supplier.

Three of Shafaz’s accomplices who were caught with the opiates and packing equipment – Ismail Shaheem, Mohamed Meead, and Anas Anees – were meanwhile found guilty of possession and trafficking and sentenced to ten years in prison.

In a speech a few days after the drug bust, former President Mohamed Nasheed said he found it “quite shocking [that] 800 packets of heroin a night were getting sealed in the house of an honourable member of parliament.”

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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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High Court overturns life sentence for drug possession

The life sentence handed down to Hussein Mohamed Sobah of Raa Atoll for drug possession was today overturned at the High Court.

In January 2013, Sobah was given the sentence after the Criminal Court found him guilty of possessing 2.5k of illegal drugs.

The High Court ruling today stated that Sobah had appealed the ruling, basing his argument on four main points. The High Court, however, had only referred to fact that police had failed to obtain a warrant – or the permission of the owner – before searching the premises of Golden Alloy Pvt Ltd [where the drugs were discovered].

The High Court said that when the judges panel presiding over the case looked into the matter, it noticed that Sobah had highlighted this issue during the Criminal Court hearings.

The court stated that the only situation in which the police can enter a house without the consent of the owner or with a court warrant was in a situation where a person’s life was at risk, requiring police to take immediate action.

The ruling said that the evidence collected inside the premises of Golden Alloy Pvt Ltd could not be considered as admissible, and that the constitution of the Maldives stated that the court should dismiss any evidence collected unlawfully.

In June 2011, police arrested Sobah with another man on suspicion that they were in possession of illegal narcotics, during a special operation conducted by the Drug Enforcement Department (DED).

At the time the then-DED Superintendent Mohamed Jinah said that the police were able to seize the drugs before they had been circulated across the country, and that this was a great success for the police and government.

The street value of these drugs was estimated by the police to be approximately MVR1.7 million (US$110,000) .

The two men were arrested near the UN building in the Galolhu district on Malé following intelligence reports. Police stated that the drugs were imported with the assistance of a cargo vessel.

“The vessel drops these things into the sea into an area determined by them,’’ the police at the time. “They went to the location on a dingy and picked it up and brought it to Malé.’’

The second man arrested with Sobah was also tried at the Criminal Court, though the court ruled  there was not enough evidence to prove guilt.

The Criminal Court’s ruling on Sobah stated that the fingerprint comparison report for the drugs discovered inside the office matched with the left hand, middle finger, of Sobah.

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High Court orders Hithadhoo Magistrate Court to review sentence

The High Court has ordered the Hithadhoo Magistrate Court to review a sentence of a one year jail sentence it delivered on Ubaidhullah Hassan for his refusal to provide a urine sample.

The order was released after Hassan appealed the case in the High Court.

The High Court stated that the reasoning behind its issuance of the review order was that Hassan was not allowed to have legal representation in court. It stated that,although Hassan had initially declined from getting legal representation, he had later gotten a lawyer, even after which he was not given the opportunity to present legal representation in court hearings.

Hassan has also appealed that his arrest was arbitrary and unlawful, and that therefore providing samples requested for in regard to an unlawful arrest would itself be void, according to local media reports.

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High Court passes regulations on arbitration cases

The High Court has compiled a set of regulations to be followed in arbitration cases

The ‘Regulation on the High Court presiding on Arbitration Cases’ was passed unanimously by the the general assembly of High Court judges on January 1.

The court stated that the regulation is compiled under the powers granted to them under the Arbitration Act.

The Act mandates the High Court to follow the procedures outlined in this regulation when accepting cases and passing sentences on arbitration cases.

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MP Hamid files complaint against Chief Justice

Opposition Maldivian Democratic Party (MDP) MP Hamid Abdul Ghafoor has submitted a complaint against Chief Justice Ahmed Faiz Hussain at the judicial oversight body Judicial Services Commission (JSC) over the Supreme Court’s decision to annul articles of the Parliamentary Privileges Act.

In November, the Supreme Court struck down four clauses in the Parliamentary Powers and Privileges Act including Article 11 (a) which states that an MP cannot be summoned to court during Majlis work hours.

At the time, the Criminal Court had sentenced Hamid to six months in jail for failure to attend a separate trial on refusal to provide urine. Hamid had contended the hearings were scheduled during Majlis work hours, in violation of the Parliamentary Powers and Privileges Act  and as such he was not obliged to attend the hearings.

Hamid had been under house arrest but was jailed following the Supreme Court’s verdict. However, the High Court struck down the Criminal Court’s sentence and set Hamid free.

In his complaint, Hamid said the Supreme Court’s verdict had caused him injustice.

“When the Supreme Court released constitutional ruling number SC-C/2013/28 on November 12, 2013 regarding a number of parliamentary privileges, Chief Justice of the Maldives Supreme Court was aware that at the same time, I,  a member of Parliament, was under house arrest regarding a case on parliamentary privileges. At a time when there were public allegations that the Criminal Court had then acted towards me against parliamentary privileges, the Chief Justice failed to consider the injustices that may be done unto me by releasing the prior-mentioned ruling at such a time,” Hamid’s complaint stated.

A statement released by the MDP states that if the said act was done “deliberately and knowingly” by the Chief Justice, it was an injustice caused to Hamid. It then said that if, however, the Chief Justice was unaware of the facts when the Supreme Court released the ruling, it is then proof that he is “unfit for and incapable of fulfilling his mandate”.

Head Judge of the High Court Panel that overturned the Criminal Court’s sentence, Judge Yoosuf Hussain had said at the court hearing that the Parliamentary Privileges Act at the time of sentencing still had a clause stating that members of parliament cannot be summoned to court in a manner that will inconvenience their attendance to parliament meetings.

Judge Hussain said that due to this reason, Hamid’s failure to attend hearings cannot be judged as having been without a justified reason.

He further stated that the lower court had failed to follow due process to be observed in the instance that a court summons cannot be delivered to a person, and if their families refuse to accept the summons on their behalf.

The judge said that as a result of this failure, the High Court does not believe the lower court had grounds to act against MP Hamid in this instance.

JSC Member appointed from among the public Sheikh Shuaib Abdul Rahman stated that he is unaware of the complaint yet.

“After a complaint is submitted to the JSC, it will be looked into by the legal section. Once they complete the process, it will come to the commission members along with their legal opinion. So it will take some time before we see this complaint,” he explained.

Senior Legal and Complaints Officer Hassan Faheem Ibrahim said that the legal department has not received the complaint at the time of press.

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High Court overturns Magistrate Court ruling against Fulidhoo Council President

The High Court has overturned the island of Fulidhoo’s Magistrate Court ruling sentencing the island’s Council President Bushry Moosa to two months house arrest.

Bushry was sentenced to house arrest for his failure to be answerable to questions put forth by the Magistrate regarding a case against Fulidhoo Island Council.

After Bushry appealed the sentence at the High Court, the superior court overturned the Magistrate Court’s ruling on Sunday, stating that the case in question is not against Bushry as an individual, but against the council as an entity.

The High Court stated that although Bushry is the Council President, he cannot be answerable to the magistrate’s questions unless so mandated by law and regulation. It also noted that the sentence had been given after a letter had been submitted to the magistrate court informing that the council will notify them of a representative who will be answerable in the said case.

The superior court’s verdict further said that Bushry’s refusal to respond to the court’s queries cannot be considered contempt of court, or failure to abide by the judge’s orders.

It also said that if Bushry has been denied any remuneration or benefits due to the ongoing case, he has the right to submit it to the relevant court as a separate matter.

The superior court’s verdict was passed unanimously by the panel of three judges presiding on the case.

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EC extends local council application deadline

The Elections Commission (EC) has extended the application deadline for candidates who wish to contest in January’s local council elections.

Applications will now be accepted until 3:00 pm on December 10.

The deadline was extended to allow candidates to obtain criminal and debt records from the Maldives Police Services and Superior Courts.

The High Court, Criminal Court and Department of Judicial Administration have opened out of hours in order to serve the large number of requests for criminal and debt records.

The EC has said it expects over 4000 candidates to contest the 1118 seats in local council elections.

Political parties held primaries during the last week to determine candidates who will contest elections on their tickets.

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Supreme Court on recess until December 15

The Supreme Court, the Civil Court, the Criminal Court and the Family Court have begun a recess period today.

The Supreme Court and Criminal Court will restart trials on December 15, while the Civil Court will restart on December 10. The Family Court will be on recess until December 30.

Even though the superior courts are on recess, trials may be scheduled and rulings issued if necessary. The courts will continue to be open for administrative purposes.

The High Court has said it will not go on recess this December as local council elections are scheduled for January 18.

According to Article 172 of the constitution, individuals may contest any decision of the Election Commission relating to elections at the High Court.

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