Tag: high court

PPM signals support for reappointing Supreme Court bench

The Progressive Party of Maldives (PPM) signalled the majority party’s support today for reducing the number of Supreme Court Justices from seven to five as proposed by opposition Maldivian Democratic Party (MDP) MP Ibrahim Shareef.

During preliminary debate on amendments (Dhivehi) submitted by Shareef to the Judicature Act, Majority Leader Ahmed Nihan said he believed all ruling party MPs would support the proposal, but a decision would be made following discussions at a parliamentary group meeting.

“The work of reforming the judiciary is not something that the PPM has not participated in or stayed away from,” said the PPM parliamentary group leader.

All pro-government MPs subsequently voted in favour of the bill, which was accepted for consideration with 43 votes in favour and 22 against.

Last week, the MDP’s national executive council decided not to support Shareef’s bill with former President Mohamed Nasheed warning that it would allow President Abdulla Yameen to appoint a bench biased in favour of PPM.

The opposition leader told the press that changing the number of judges on the Supreme Court bench would not amount to judicial reform.

Presenting the amendment bill at today’s sitting, Shareef said he believed the number of judges on the apex court was too high for a country the size of the Maldives.

The Supreme Court should maintain “legal consistency” or “uniformity” in its rulings, the MP for Addu Maradhoo said.

Confidence in the judiciary from both the Maldivian public as well as local businesses and foreign investors was essential to ensure development, he added.

Shareef also proposed establishing branches of the High Court in the north and south of the country.

MDP divisions

MDP MP ‘Reeko’ Moosa Manik – who has announced his intention to contest in the MDP’s 2018 presidential primary – appealed for pro-government MPs to cooperate with the party’s efforts to reform the judiciary.

The PPM together with coalition partner Maldives Development Alliance has a majority of 48 seats in the 85-member house.

The current Supreme Court bench was appointed as a “shameful” political “bargain” between the MDP and then-opposition parties in 2010, Moosa said, noting that the MDP did not have a majority in the 16th People’s Majlis.

Moosa criticised Chief Justice Ahmed Faiz Hussain for swearing in former President Dr Mohamed Waheed following a “coup d’etat” on February 7, 2012 and for remaining silent while MDP MPs were unfairly stripped of their parliament seats.

Nihan meanwhile praised both Shareef and Moosa and suggested that the number of judges on the apex court was worth reconsidering.

Shareef was a “rare” politician, Nihan said, and defended Moosa for forming a ‘people’s court’ during street protests, which was part of the former MDP chairperson’s advocacy for judicial reform.

“If MDP members think about it, if there is one member in MDP’s front rank who wishes well for the nation, I don’t doubt at all that it is the honourable Hulhuhenveiru MP Moosa Manik,” Nihan said.

Nihan suggested that MDP MPs voting against the amendments would be against the party’s principles.

However, Minority Leader Ibrahim Mohamed Solih said he respected Shareef and Moosa, but the MDP’s national executive council has decided not to support the bill.

“So that is the MDP’s stand about this amendment,” he said.

Moosa had reportedly walked out of the national council meeting and pledged to stand behind Shareef.

Constitutional?

Jumhooree Party Leader Gasim Ibrahim meanwhile contended that the proposed revisions were unconstitutional as Supreme Court Justices were appointed for life.

The Constitution specifies the process for removing judges, Gasim continued, and it could not be done by amending laws.

Gasim also criticised Speaker Abdulla Maseeh Mohamed for tabling the bill in the agenda, claiming that a controversial amendment submitted by the PPM requiring the reappointment of the auditor general was also tabled in spite of parliament’s counsel general advising that it could not be put to a vote.

While the MDP had also insisted that the amendments were unconstitutional, MPs Shareef and Moosa were among several MDP MPs who voted in favour of appointing former PPM parliamentary candidate Hassan Ziyath as the new auditor general.

Meanwhile, in June this year, the Judicial Service Commission cleared Supreme Court Justice Ali Hameed of misconduct after sex tapes of the judge with three prostitutes in a hotel room in Sri Lanka emerged last year.

The room and date stamp in the sex tapes appeared to be the same as that in previously leaked footage of Hameed meeting local businessman Mohamed Saeed, the director of ‘Golden Lane’.

In that video, Hameed declared that he was one of then-PPM presidential candidate Abdulla Yameen’s “back-ups”, and that his stand was “to do things the way Yameen wants”.

Images and symbols depicting scenes from the sex-tape formed a prominent part of the MDP’s protests against the apex court’s repeated interference in last year’s presidential election.

In a controversial 4-3 ruling – with Justice Hameed in the majority – the Supreme Court annulled the results of the first round of the polls conducted on September 7 despite unanimous positive assessment of the polling by more than a thousand domestic and international election observers.


Related to this story

MDP rejects MP Shareef’s proposal to reduce Supreme Court bench

Constitutional disaster averted as Parliament approves Supreme Court

A justice system in crisis: UN Special Rapporteur’s report

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Niyaz challenges auditor general reappointment clause at High Court

Former Auditor General (AG) Niyaz Ibrahim has requested the High Court to declare the People’s Majlis’ decision to reappoint the AG as unconstitutional.

President Abdulla Yameen yesterday approved Hassan Ziyath as the new AG hours after 59 MPs voted in his favor. The ruling Progressive Party of the Maldives (PPM) had pushed through a surprise amendment to the Audit Act on October 29 requiring the AG be reappointed within 30 days.

Speaking to Minivan News, Niyaz’s lawyer Ibrahim Riffath said Niyaz could not be dismissed half way through his seven year term through an amendment to the Audit Act.

“Article 215 of the Constitution clearly sets the AG’s term to seven years. Niyaz was appointed in May 2011. Further, Article 218 states the AG’s position only becomes vacant if the incumbent resigns or through a no confidence vote by the People’s Majlis,” he explained.

“The Majlis will have to amend the constitution to dismiss him by any other means.”

Niyaz has also requested that the High Court issue an injunction on the enforcement of the new amendment.

According to Riffath, the High Court is yet to make a decision on accepting the case as the matter had been lodged at the Supreme Court as a public interest litigation matter.

The Supreme Court this evening rejected the case. The High Court now has no legal barriers in examining the case, Riffath said.

“This is a very sensitive issue. I hope the High Court expedites a verdict. If the amendment is unconstitutional, as we believe it to be, then the legality of the current auditor general’s actions are questionable.”

Yameen’s appointment of Ziyath for the post has raised controversy as his brother, Abdulla Ziyath was recently implicated in a US$6million corruption scandal alongside tourism minister Ahmed Adeeb.

Niyaz had revealed the corrupt transactions in a special audit report a day after PPM MPs pushed through the Audit Act amendment.

The audit report accused Abdulla Ziyath, the Managing Director of state owned Maldives Marketing and Public Relations Corporation (MMPRC) of illegally pushing through loans worth US$6million from state funds to two private companies owned by Adeeb’s family members.

Adeeb has denied allegations, and accused Niyaz of colluding with MP and former Deputy Speaker of parliament Ahmed Nazim in releasing the audit report. Adeeb suggested Nazim had a personal vendetta against him following his refusal to support Nazim for the Majlis Speakership in May.

The Criminal Court on October 26 withheld Nazim’s passport on allegations of blackmail.

Hassan Ziyath yesterday received cross party support from ruling Progressive Party of the Maldives (PPM), its allies the Maldives Development Alliance (MDA) and Jumhooree Party, as well as the opposition Maldivian Democratic Party (MDP).

MDP MPs including ‘Reeko’ Moosa Manik, Ahmed Marzooq, ‘Rukuma’ Mohamed Abdul Kareem and Ibrahim ‘Mavota’ Shareef voted in favor despite the party previously claiming the amendment was unconstitutional.

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High Court overturns sex crime conviction of renowned Quran teacher

The High Court on Sunday (October 16) overturned the conviction of renowned Quran teacher or reciter Hussain Thoufeeq, for committing a sex crime.

In November 2013, Thaufeeq was sentenced to six months banishment and 15 lashes for sexually abusing children. However the Criminal Court suspended the sentence for three years, on the grounds it was the Qari’s first offence.

Thaufeeq appealed the verdict and the High Court ruled noted that the three witnesses were all related, had not reported the matter to police, and had testified after being evicted from their apartment.

Presiding Judges Abbas Shareef, Yousuf Hussain, and Dr Ezmirelda Zahir ruled that the testimony of the witnesses was not sufficient to prove guilt beyond reasonable doubt.

Thaufeeq was arrested in August 2010 on multiple charges of child sexual molestation with “some cases going a long time back,” police said at the time.

Thaufeeq’s students had also submitted a petition to the Human Rights Commission of the Maldives (HRCM) asking the commission to investigate the allegations.

Thaufeeq hosted a daily Quran teaching program on Television Maldives (TVM) for school children every evening after Isha prayers. He also led Friday prayers and conducted sermons.

Under the Child Sex Offenders (Special Provisions) Act of 2009, the penalty for child sex abuse is 10-14 years but can be extended to 15-18 years if the accused was in a position of trust with the children he allegedly abused.

However, Thaufeeq was charged under a different regulation for criminalising fornication and sexual misconduct.

The Qari is also being charged with possession of pornographic material. The trial is still pending at the Criminal Court.

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High Court annuls JSC procedure for appointing new judge

The High Court has annulled procedural rules put in place by the Judicial Service Commission (JSC) for appointing a new judge to the appeals court bench.

Lawyers Anas Abdul Sattar and Hassan Fiyaz had challenged the legality of some provisions in the rules. In its ruling, delivered on Thursday (October 30), the High Court ordered the judicial watchdog to formulate new rules for selecting and appointing a judge.

Nine candidates have applied for the vacancy on the nine member High Court bench following the transfer of former Chief Judge Ahmed Shareef to Juvenile Court.

Applicants include Criminal Court Judges Abdulla Didi and Muhthaz Fahmy, Family Court Chief Judge Hassan Saeed, Civil Court Judges Aisha Shujune, Mohamed Hussain Mazeed, Mariyam Nihayath and Abdulla Jameel Moosa, Hulhumale’ Court Marriage Registrar Hassan Ali, and UNDP Assistant Resident Representative Aishath Rizna.

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High Court grants Humam a month to appoint lawyer in death penalty appeal

The High Court has granted a man convicted of killing MP Dr Afrashim Ali one month to appoint a lawyer.

Hussein Humam had requested the period at the first hearing of the appeal at the High Court this morning.

The Criminal Court sentenced Human to death on January 16, finding him guilty of intentional murder, stating Humam had assaulted the ruling Progressive Party of the Maldives (PPM) MP with a sharp object and intentionally killed him.

Dr Afrasheem was found brutally murdered in the stairwell of his apartment building on October 1, 2012.

Humam gave contradictory statements in court regarding his involvement in the crime. Although he initially confessed to the crime, he later retracted his statement claiming the statement had been given under duress.

He appealed the death sentence in May, just before the 90 day appeal period for lower court rulings was about to expire.

Death penalty

Shortly after the Criminal Court sentenced Humam to death, Minister of Home Affairs Umar Naseer announced plans to implement the death penalty ending an unofficial sixty year moratorium on the practice.

Speaking on a show on state broadcaster TVM on Sunday night, Naseer said the incumbent government will not “shy away” from implementing the death penalty despite pressure from foreign countries and human rights organizations.

“We are not one to shy away from implementing the death penalty by showing various excuses. Nothing will stop us from implementing the death penalty as planned,” Naseer said.

He said that while he respected the views of European countries which are calling on the government to continue with the moratorium on the death penalty, he believed that the decision lies solely with the Maldivian government.

“While European countries are speaking against the death penalty based on their set of principles, the US, Indonesia, China are not, even though they are by far the more populated countries. Each country has a separate viewpoint on it, and I understand and respect that. However, I believe there is a need for the death penalty to be implemented here, and come what may, we will implement it”.

The decision to reintroduce implementation of the death penalty  has given rise to public debate.

While Islamic groups have said that capital punishment is a crucial aspect of the Islamic Shari’ah, Mauhadini Sanawi and Azhar University graduate Scholar Al Usthaz Abdul Mueed Hassan previously told Minivan News that Islam is a religion of forgiveness first, and called on the state to abolish the death penalty.

“In taking qisaas, it is prescribed that it must be done in the manner that the crime was committed. Like the metaphor an eye for an eye. Taken in the exact same manner. How can this be done in cases of murder? How can the life of the murderer be taken in the same manner as that of the murdered? This is prescribed so as to discourage the taking of qisaas,” Mueed said at the time.

The government has previously announced that lethal injection is the state’s preferred method of implementing capital punishment.

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High Court orders JSC to stop headhunt for High Court Judge

The Judicial Service Commission (JSC) has revealed that it has stopped its search for a High Court judge after receiving an order from High Court.

In an announcement released yesterday (August 17), the JSC said that it received the order on Monday (September 15) from the court instructing it to stop its headhunt until a decision is reached on the court case seeking the annulment of current selection regulations.

The final hearing of the case, submitted by lawyers Anas Abdusattar and Hassan Fiyaz, was completed on September 10. The lawyers claim that the regulations are in contradiction of Articles 17 and 20 of the Constitution.

Articles 17 and 20 concern non-discrimination and equality, respectively.

Nine people have applied for the post of High Court judge including judges from the Criminal Court, Family Court, and Civil Court.

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Appeal hearings on Farhad murder case ends

Appeal hearings on the death sentence issued by the Criminal Court on Mohamed Nabeel of Reef in Galolhu ward on charges of the murder of Abdulla Farhad of Lilymaage in Seenu Atoll Hithadhoo have been completed.

The High Court will be announcing its verdict at the next hearing, which has not been scheduled so far.

The murder of Farhad was committed on March 9, 2009 in capital Malé city near Sosun Store on Majeedhee Magu.

He was allegedly attacked for harassing a girl who worked at a nearby shop. The girl has previously been reported to be a sister of the accused, Nabeel.

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Drug kingpin Shafaz appeals conviction at High Court

Convicted drug trafficker Ibrahim Shafaz Abdul Razzak has appealed his drug trafficking charges at the High Court, reports local media.

At the first hearing yesterday, Shafaz’s lawyer argued that the trial at the Criminal Court was conducted in a prejudiced and unfair manner.

The defence attorney, Aminath Shezleen, noted that the verdict did not specify the type of drugs Shafaz was accused of trafficking with reference to the appendix of the Drugs Act.

While the conviction was based on a phone call recording, Shezleen said the audio was submitted as evidence without a chain of custody report from police as required by regulations.

The state attorney, however, defended the validity of the report and noted that both sides were allowed to question experts at the trial concerning the analysis report of the phone recording, adding that Shafaz had not denied that it was his voice in the incriminating audio.

Concluding the hearing, the three-judge panel asked for submission of both the chain of custody report and the recording of the phone conversation.

The judges announced that a second hearing would be held after considering the evidence.

The Criminal Court had sentenced the 30-year-old to 18 years in prison in November 2013 and levied a fine of MVR75,000 (US$4,860) for drug trafficking.

In February, Shafaz was temporarily released for three months to seek medical treatment said to be unavailable in the Maldives.

However, following media reports suggesting the Maldives Correctional Services (MCS) violated procedures in authorising his release, Shafaz was caught in Colombo in May and brought back to the Maldives to serve his sentence.

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

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

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

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

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Nine persons apply for vacant High Court judge post

Nine persons – six males and three females – have applied for the vacant post of Judge on the High Court bench.

The applicants are UNDP Resident Representative Aishath Rizna, Family Court Head Judge Hassan Saeed, Hulhumalé Court Marriage Registrar Hassan Ali, Criminal Court Judges Abdulla Didi, Muhuthaz Fahmy, and Civil Court Judges Aishath Sujoon, Mariyam Nihaayath, Hussain Mazeed, Abdulla Jameel Moosa.

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