Tag: high court

Supreme Court upholds reinstatement of police inspector dismissed after rape allegations

The Supreme Court has today upheld the High Court ruling to reinstate Chief Inspector Hussain Risheef Thoha who had been dismissed after being accused of raping a woman inside a police car.

The ruling stated that, although the victim had alleged that a group of police officers attacked her, she did not state that Risheef participated in the rape.

Commenting on today’s ruling today, Maldivian Democratic Party MP and lawyer Imthiyaz ‘Inthi’ Fahmy expressed concern the court would ask for the reinstatement of an officer after its disciplinary board had decided that there was enough evidence to link him with a rape case.

”These are not just ordinary citizens, these are senior police officers accused of a serious crime,” Inthi said. ”This is very dangerous and serious.”

Risheef had called the officers who were inside the car, said the Supreme Court today, stating that this did not prove he had participated in the attack.

The ruling noted that there was no record of a phone call in which Risheed instructed officers to rape the victim.

The court ruling stated that Risheed had gone to the area where the girl had been left after the incident, and had given her a t-shirt to cover herself up.

Again, this does not prove that Risheef had participated in the act, said the court, noting that helping a person in that situation to cover up is how it should be done in Islamic principles.

The court also criticised the police disciplinary board for taking action against Risheef based on the allegations, saying that this was against Islamic principles and international best practice.

The case

In August 2011, a woman filed a case at police headquarters alleging she was sexually abused by a group of police officers, including Risheef.

Thoha later appealed his dismissal by the police disciplinary board at the Civil Court, which ruled that the decision had been lawful and that there was enough evidence to dismiss Risheef from duty.

The Civil Court noted at the time that Risheef’s call records showed he had contacted the other accused officers several times, and in turn had been contacted by them.

The ruling also said that the girl was thrown out of the car naked near the chief inspector’s house in Maafannu, and that Thoha had admitted to being in the area a few minutes later.

In August 2012, the High Court overruled the decision made by the Civil Court and ordered that police reinstate Risheef at the rank of chief inspector.

In September 2012, the High Court upheld a Civil Court ruling to reinstate Police Lance Corporal Ali Nasheed to active duty, who had been dismissed in relation to the same incident.

Recently, police said that they would only accept dismissed officers in a situation where the Supreme Court ordered the reinstatement of their position in the police.

Lawyer Inthi said that such issues makes the people lose confidence with the police force.

”This shows that issues like this are not taken seriously,” he said. ”The disciplinary board is a board that has the authority to dismiss police officers if they find that there was enough evidence to believe that a police officer is guilty of a crime.”

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Criminal Court disregarded crucial evidence to set top drug dealer free, reveals High Court ruling

The Criminal Court set a drug kingpin free after claiming that a hearing during which crucial evidence was presented never took place, a High Court ruling on May 29 has revealed.

The High Court overturned the lower court’s ruling and sentenced Hassan Yoosuf of Laamu atoll Gan Island to life in jail for trafficking 46.6 grams of cannabis products.

The Criminal Court said the state had not presented the rubber packet alleged to contain cannabis as physical evidence to the court. But both state prosecutors and Yoosuf testified at the High Court that the police brought the packet to the court on August 22, 2010.

However, the Criminal Court said it has no record of the hearing having taken place.

The High Court’s ruling also highlighted additional intentional lapses in the lower court’s verdict such as its dismissal of credible eyewitness testimony.

Police have called Yoosuf “the top drug dealer” in Laamu Atoll. He was found guilty of drug trafficking and sentenced to 30 years on a separate case in November 2011, but released by the Drug Court in February 2012 after completing a six month rehabilitation program.

No record

Yoosuf fled from the police on December 15, 2009 when the police attempted to arrest him on suspicion of drug trafficking, eyewitnesses said.

When police caught up with him, he threw away a cigarette pack into the trees on the roadside. A rubber packet containing a black substance fell out from the box, eyewitnesses said.

At the Criminal Court, Yoosuf denied charges, arguing the rubber packet presented as evidence could not have fit inside the Camel Light cigarette box.

The presiding judge then asked the state to present the evidence at court. Forensic expert Corporal Mohamed Thihamee went to court with the evidence and demonstrated how the packet could be folded to fit inside the box on August 22, 2010, but the Criminal Court later denied the hearing took place.

Thihamee also testified that the hearing took place. Yoosuf also said the evidence was presented, but said he did not remember seeing Thihamee fit the rubber packet inside the box.

Thihamee demonstrated the same during the High Court appeal.

Discrepancies

The Criminal Court also ruled there were too many discrepancies in witness statements to convict Yoosuf.

But the High Court said all four witnesses testified that they saw Yoosuf throw away the cigarette pack during the police chase and that they saw a rubber packet fall out from the box.

They further testified the police found the rubber packet caught between the fronds of a short coconut palm tree on the roadside, the High Court said.

The witness statements and the forensic report on the substance inside the packet is enough proof to convict Yoosuf, the High Court’s majority verdict found.

Dissenting judge Abdulla Hameed found Yoosuf not guilty on a procedural point, arguing the right process was not followed in compiling the forensic report. He said the junior police officer who conducted the analysis was only authorised to do so under a senior officer’s direct supervision.

But judges forming the majority opinion Azmiralda Zahir and Abdul Rauf Ibrahim said the senior police officer is not mandated to be present throughout the time of analysis, but is supposed to supervise whether all the procedures are followed correctly.

The Maldives Correctional Services recently temporarily released convicted drug kingpin Ibrahim Shafaz Abdul Razzak for medical treatment in suspect circumstances in February. But he was caught in Colombo and extradited to the Maldives in May.

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High Court acquits former MP Adil of sexual abuse charges

The High Court has acquitted former MP Hassan Adil of sexual abuse charges on Wednesday (May 28).

The Prosecutor General’s office charged the former MP for Maradhoo constituency with sexually abusing a 13 year old in 2011 – an offense that carries a 10 – 14 year jail term.

But the Criminal Court acquitted Adil in March 2012 citing lack of evidence. The trials were conducted behind closed doors to protect the families involved.

Two of the three judges on the High Court bench upheld the Criminal Court’s ruling, but Judge Abbas Shareef in a dissenting opinion said there was enough evidence to convict Adil.

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Humam appeals death sentence at High Court

Hussain Humam – found guilty for murdering parliament member Dr Afrasheem Ali – has appealed his death sentence at the High Court.

While local media has confirmed the appeal, it is still unclear if the the case was accepted by the High Court.

The Criminal Court sentenced Human to death on January 16, 2014 , having found him guilty for the crime of intentional murder, stating that it was proven beyond doubt that Humam assaulted Dr Afrasheem with a sharp object and intentionally killed him.

The appeal has come just before the 90 day appeal period for lower court rulings – excluding public holidays – was about to end.

Dr Afrasheem – then MP for Ungoofaaru Constituency and a moderate Islamic Scholar – was found brutally murdered at the his apartment building on the night of October 1, 2012.

Shortly after Human’s sentencing, Home Minister Umar Naseer announced plans to reintroduce the death sentence after an unofficial sixty year moratorium on the practice.

The regulation, published late last month, are set to apply retroactively to all pending death sentences.

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High Court upholds jail sentence of man found guilty of forcing women into prostitution

The High Court has upheld a four-year jail sentence passed by the Criminal Court against a Maldivian man found guilty of forcing three Thai women into prostitution.

In August last year, Abdul Latheef Ali, 64, of Henveiru Philadelphi, was found guilty of running a brothel in the capital Malé and of forcing three female expatriates into prostitution after bringing them to the Maldives ostensibly to work as massage therapists.

Police raided the Sondobon Beauty Care Salon in Latheef’s residence and discovered a naked Maldivian man with a topless Thai woman.

Police found that Latheef had brought the three Thai women through the sponsorship of a company called Asparagus Private Limited, which was also owned by him.

The three women – aged 21, 24, and 36 – testified at the Criminal Court trial that they were hired as massage therapists but were told by Latheef upon arrival in the Maldives that their job description included providing sexual services to customers.

The women told the court that Latheef threatened to fire them and send back to Thailand if they refused to comply.

According to the women’s testimony, customers paid at the reception counter, which was handled by Latheef and a Bangladeshi man, and also paid the women when they were alone.

The women said they were required to give a certain amount of cash to Latheef every day, after which he paid them US$300 (MVR 4,600) a month.

The police officers involved in the raid also testified against Latheef and corroborated the testimony of the three women.

The police officers said Latheef was at the counter when they raided the salon and that he was watching footage from CCTV cameras set up outside, which showed the stairway leading to the salon.

The officers said they found a large stash of condoms, cash, and birth control pills when they searched the premises and noted the absence of cosmetic or beauty care items.

The three-judge High Court panel presiding over Latheef’s appeal ruled (Dhivehi) unanimously yesterday that there were no grounds to overturn the Criminal Court verdict as the evidence presented at the trial was sufficient to establish guilt.

The Maldives ratified its first Anti-Trafficking Act in December 2013, although local NGO Transparency Maldives noted that implementation, monitoring, and enforcement of laws and regulations are still crucial to prevent human trafficking.

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No re-votes as High Court concludes Majlis election-related cases

The High Court has delivered verdicts today in 13 election-related cases filed by losing candidates in the March 22 parliamentary polls seeking annulment of the results.

In 12 cases, the High Court ruled that there were no grounds to annul the results and order a re-vote as the evidence submitted was not sufficient to prove electoral fraud.

In the case concerning the Lhaviyani Kurendhoo constituency, the court ruled that there were no grounds to grant the request for a recount of ballot boxes.

Losing candidates from both opposition and government-aligned parties had challenged the outcome of the Majlis elections.

The 13 constituencies were Haa Dhaal Nolhivaram, Shaviyani Funadhoo, Lhaviyani Kurendhoo, Lhaviyani Naifaru, Kaafu Kaashidhoo, Vaavu Felidhoo, Thaa Thimarafushi, Laamu Isdhoo, Gaaf Alif Villigili, Gaaf Alif Gemanafushi and the mid-Hithadhoo, Hithadhoo North and Feydhoo constituencies in Addu City.

While opposition Maldivian Democratic Party (MDP) candidates for Kaashidhoo, Nolhivaram, Feydhoo and Funadhoo filed cases at the High Court on their own accord, cases concerning the Villigili, Isdhoo, and Gemanafushi constituencies were filed by the party.

The rest of the cases were lodged by candidates of the ruling Progressive Party of Maldives (PPM) and its coalition partner Jumhooree Party (JP).

Coalition concerns

Following his loss to an independent candidate, the incumbent JP MP for Lhaviyani Naifaru, Ahmed Mohamed, accused the PPM of attempting to “destroy” its coalition partner.

The veteran MP explained that PPM members contested as independents in constituencies assigned for the JP in the seat allocation deal reached among the coalition parties.

While the independent candidate – Ahmed Shiyam – used the PPM party office, colour, and logo in his campaign for the Naifaru seat, Ahmed Mohamed alleged that the government gave jobs and promotions in the nearby Felivaru fish cannery at his opponent’s request.

“And if that wasn’t enough, [they] anti-campaigned against me while voting was ongoing,” he claimed.

Shiyam – along with three of the five successful independent candidates – signed for the PPM within days of the polls’ conclusion.

JP MP for the Hithadhoo South constituency, MP Hassan Latheef, also accused the PPM of campaigning against him after two senior members of the ruling party contested as independents.

Latheef reportedly alleged that the PPM members used money to bribe voters and influence within the government to provide jobs.

Latheef also noted that he was not invited to a campaign rally in Hithadhoo that was attended by President Yameen. The two independent candidates were however present at the rally, he said.

Marked ballots

Meanwhile, briefing members of the MDP’s national council last week, former Human Resources Minister Hassan Latheef – a member of the party’s legal committee – explained that that the party filed cases concerning the Villigili, Isdhoo, and Gemanafushi constituencies.

As both the constitution and electoral laws stipulate that voting must be conducted through secret ballot, Latheef said the Elections Commission was responsible for ensuring secrecy of the ballot.

Based on precedents established by the High Court and Supreme Court, Latheef explained that the MDP had asked the High Court to declare that ballot papers tagged with a symbol or mark would be invalid.

In the Gaaf Alif Villigili constituency election, Latheef said that about 300 ballot papers were tagged, all of which were counted as valid votes for the PPM candidate.

Similarly, in the Laamu Isdhoo constituency, Latheef said the number of tagged ballot papers was more than 150 while there were more than 100 tagged ballot papers in the Gemanafushi constituency.

Latheef noted that in all three constituencies, the margin between MDP and PPM candidates was smaller than the number of tagged ballot papers identified by observers.

Under a precedent established by a Supreme Court ruling, Latheef said that if the number of ballots whose secrecy was compromised exceeds the margin of victory, the poll would not be valid.

As compromising the secrecy of the ballot in any election was illegal, Latheef contended that tagged ballot papers should be considered invalid votes.

Earlier this month, the MDP issued a press release accusing government-aligned parties of unduly influencing the March 22 polls through coercion and intimidation in addition to vote buying.

Some voters were asked to tag their ballot papers with a special mark or symbol for PPM observers and candidate representatives to identify their votes, the party alleged.

Voters were threatened with dismissal from their government jobs if they did not follow the instructions and proved they voted for the coalition candidate, the press release stated.

In the wake of the Majlis elections, NGO Transparency Maldives stated that while the polls were well-administered and transparent, “wider issues of money politics threatens to hijack the democratic process”.

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JSC appoints Judge Abdulla Hameed as head of High Court

The Judicial Services Commission has appointed Judge Abdulla Hameed to head the High Court from April 20, 2014.

According to local media, Abdulla Hameed will be in charge of managing the High Court for a period of six months.

Since the suspension of the Head Judge of the High Court Ahmed Shareef, the court has been presided over by Judge Abdul Rauf Ibrahim.

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MDP candidate for Feydhoo constituency alleges black magic led to election defeat

Maldivian Democratic Party (MDP) candidate for Feydhoo constituency Mohamed Nihad – who lost the election to Progressive Party of Maldives candidate Ibrahim Didi – has today told the High Court that his opponent used black magic to win the election.

According to local media present at the High Court hearing held Thursday, the MDP candidate claimed that Didi buried coconuts that were suspected to be cursed by using black magic, in different areas of Feydhoo.

Nihad also alleged that the same type of cursed coconuts were buried inside his house and near to the polling station.

He also alleged that Didi went near the polling station during voting hours and campaigned there.

Nihad told the High Court that Ibrahim Didi had bribed people and campaigned after official hours, and that he had filed complaints with the anti-corruption and elections commissions without receiving a response.

Elections Commission lawyer Hussein Siraj told the court that first it should be determined whether the coconut was really cursed or not and to what extent the curse had affected the result of the election.

Ibrahim Didi’s lawyer also spoke in the court and denied all the charges, claiming that Nihad was attempting to destroy his good name.

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Week in review: April 13 – 19

The disposal of around 120 animals confiscated from people’s homes stole the headlines this week, amid confusion as to why the decision to destroy the animals was made, and by which institution.

As part of a joint operation conducted on Saturday (April 12), relevant government authorities instructed police to confiscate all pets suspected of having been illegally imported.

These animals were promptly destroyed by the MNDF, while the fate of the slow loris – endangered in more ways than one – remained unclear as interested adoptees continued to face financial and bureaucratic obstacles.

Bureaucratic obstacles continued to hinder President Abdulla Yameen’s attempts to place his nephew in the role of Prosecutor General as the Majlis failed to return enough votes to approve Maumoon Hameed’s nomination.

Home Minister Umar Naseer this week lamented the ‘oversized democracy‘ inherited by the government, suggesting bureaucracy was thwarting his anti-drug camaign.

The government’s attempts to centralise control of the nation’s mosques through amendments to the Religious Unity Act met with greater successful as the president ratified the changes shortly before departing to Japan on an official state visit.

Prior to boarding the plane to Tokyo, Yameen told the press that he had been unable – and unwilling – to meet the demands of Indian company GMR for an out-of-court settlement regarding the terminated airport development deal.

It was revealed that the government will now await the outcome of the arbitration proceedings, expected within the next two months after hearings concluded this week.

Yameen’s trip to east Asia saw the Japanese government thanked for its generous history of developmental assistance in the Maldives as well an open invitation for private investors to continue the tradition.

Back on the home front, President Yameen acknowledged that the distribution of government positions among coalition partners had generated some tension, after rumblings of discontent from coalition leader Gasim Ibrahim.

No such discontent was found in a survey conducted by the Tourism Ministry this month which found 98 percent of tourists would recommend the Maldives as a holiday destination.

Eighty percent of those surveyed reported having holidayed within an hour of the capital Malé, a trend Addu City Council hopes to change with the establishment of a guest house promotion board in the country’s southernmost atoll.

The heavy concentration of tourists in Kaafu atoll brought the opposite response from Malé City Council, who passed a resolution opposing the development of Kuda Bandos – the only local picnic island available to the overcrowded capital’s residents.

Meanwhile, the Department of Heritage hopes to draw the attention of visitors to the Maldives’ cultural treasures, organising an exhibition of the country’s coral mosques as attempts to make UNESCO’s world heritage list continue.

The Ministry of Environment maintained that the country’s natural heritage can still be preserved if the world commits to a 1.5°C cap on global temperature rise, with Minister Thoriq Ibrahim pledging to increase renewable energy to 30% in the next 5 years.

Elsewhere, the High Court is now considering over a dozen election-related complaints following last month’s Majlis poll – though the arguments posited by Kaashidhoo MP Abdulla Jabir received short shrift from the Elections Commission’s lawyer.

Jabir’s Maldivian Democratic Party announced it would hold an event to mark Labour Day next month while taxi drivers failed to present a united front in protests against new regulations due to be implemented this week.

DhiFM remained steadfast in its defiance of the Maldives Broadcasting Commission – responding to criticism for posting upside down pictures by posting a similar image of the commission’s chair.

Corruption charges were pressed this week against controversial Supreme Court Judge Ali Hameed, while the Anti Corruption Commission asked the state to pursue charges against a former state minister for undue expenditure on sports activities.

Minivan News also took time this week to talk discuss the future of hydroponics in the country’s agriculture as well as interviewing the Maldives’ first female DJ.

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