Tag: high court

Feydhoo case accepted as High Court considers 13 election-related complaints

A panel of High Court judges have overruled a decision by the court’s registrar to reject a case filed by a losing candidate seeking annulment of the results for the Feydhoo constituency in the March 22 parliamentary polls.

The registrar’s decision regarding the Feydhoo constituency was overturned after the claimant – opposition Maldivian Democratic Party (MDP) candidate Mohamed Nihad – appealed the decision.

Of the 16 election-related complaints submitted to the High Court before the deadline last Friday (April 11), the court has rejected three cases and commenced proceedings on 12 others.

Following the decision to accept Nihad’s complaint, a first hearing of the Feydhoo constituency case has been scheduled for 2:15pm tomorrow (April 17).

Electoral laws stipulate that the High Court must conclude election-related cases within 30 days of the announcement of the official results, which was made on March 28.

In addition to complaints submitted by its candidates, the main opposition party has challenged the results in three constituencies.

Tagged ballot papers

Briefing members of the MDP’s national council yesterday, 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 (EC) was responsible for ensuring secrecy of the ballot.

Based on precedents established by the High Court and Supreme Court, Latheef explained that the MDP has 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 Progressive Party of Maldives’ (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.

The party has submitted witnesses in all three cases, he said.

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.

Hearings have nearly concluded in all three cases, Latheef continued, and judges have said that verdicts would be delivered at the next trial date if they decide not to summon witnesses.

Transparency

Following Latheef’s briefing and presentation of the legal committee’s report on the election-related cases, former President Mohamed Nasheed – who was chairing yesterday’s national council meeting following his appointment as the party’s acting president – said that the party’s secretariat requested information of suspected wrongdoing from all election observers.

Detailed information was sent to the party office by MDP observers in the three constituencies where the party has challenged the results, he noted.

“Our biggest aim is to ensure that votes taken in the Maldives in the future are valid, transparent, and trustworthy,” Nasheed said.

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”.

The religious conservative Adhaalath Party also blamed its poor showing on bribery and coercion – accusing both sides of such practices.

“We saw it both from the ruling party and opposition Maldivian Democratic Party but we really did not want to buy votes –  instead we tried to change the way people think,’’ Adhaalath Party Spokesperson Ali Zahir told Minivan News.

Likes(0)Dislikes(0)

EC rejects Jabir’s arguments for annulment of Kaashidhoo poll

The Elections Commission (EC) has responded to accusations made in the ongoing trial of the case filed by Maldivian Democratic Party MP Abdulla Jabir who lost his seat in the recent parliamentary elections.

In the High Court, Jabir has requested the invalidation of the result on the grounds that he was restrained from the right to campaign, and that the ballot box kept in the island of Gaafaru was not closed on time.

Jabir has also claimed that Home Minister Umar Naseer made comments that influenced the elections by saying he would very soon establish a prison in Jabir’s constituency of Kaashidhoo, and that Jabir – currently serving a twelve month jail sentence – would be transferred to that prison.

EC lawyer and former Attorney General Husnu Suood told the court that Jabir was in prison as a result of his own actions and that there was nothing that commission could do to solve this issue.

Suood told the court that every candidate has a representative, the purpose of which was to assist the candidate in such situations, and that the commission believes Jabir lost the right to campaign when incarcerated for a failure to provide a urine sample to police.

Furthermore, Suood pointed out that the ballot box in Gaafaru was closed later than the other boxes because the box had been opened later than others on the day of voting.

According to local media, Jabir presented the names of 36 persons to support his argument in the court as well as the audio recording of Umar Naseer’s remarks on establishing a prison in Kaashidhoo.

The decision to build an open prison on the island of Kaashidhoo was first announced by the Home Ministy in September last year, two months prior to Umar Naseer’s appointment as home minister.

In February, the Criminal Court sentenced Jabir to one year in prison after the court found him guilty of refusing to provide a urine sample to police after his arrest on the private island of Hondaidhoo in November 2012.

The Prosecutor General also charged Jabir for possession of cannabis before the court ruled that there was not enough evidence to find him guilty.

Jabir’s trial on alcohol possession charges – also stemming from the Hondaidhoo incident – was postponed last week after the MP was hospitalised with breathing difficulties.

In an interview with Vnews today, Jabir’s wife Dhiyana Saeed has said her husband had been in hospital since April 8, revealing that doctors asked to bring a bilevel positive airway pressure machine from Singapore.

Dhiyana also told the news outlet that doctors had informed her that Jabir’s breathing stops four times every hour.

She said that doctors had not recommended taking Jabir abroad for medical treatment, and that his medical reports were being sent directly to the Maldives Correctional Services.

Likes(0)Dislikes(0)

High Court throws out EC appeal against new member Habeeb

The High Court has thrown out an appeal by the Elections Commission (EC) against its newly appointed commission member Ismail Habeeb.

Habeeb was made redundant in January 2013 before contesting his dismissal at the Labor tribunal. The tribunal ordered his reinstatement in August 2013, by which time he had been appointed to the Civil Court as its senior administrator.

The EC initially demoted Habeeb on corruption allegations in 2012 claiming he had not followed due procedures in appointing an EC staff and in awarding a scholarship to another staff. But the Anti-Corruption Commission (ACC) cleared Habeeb of the charges.

The EC decided to appeal the tribunal’s decision at the High Court, but the commission’s lawyers failed to attend the hearing scheduled for Monday.

In the meantime, Habeeb was appointed by the People’s Majlis to the EC on March 12 to replace former member ‘Ogaru’ Ibrahim Waheed who had resigned in October 2013 citing health issues.

Habeeb’s confirmation to the EC followed the Supreme Court’s controversial removal of the commission’s President Fuwad Thowfeek and Vice President Ahmed Fayaz.

The dismissals left the EC without the three members required for a quorum to hold meetings and approve decisions, raising doubts over the commission’s ability to prepare for and conduct parliamentary elections as scheduled on March 22.

Likes(0)Dislikes(0)

High Court to open on Friday to receive election-related cases

The High Court has today said that its registration department will be open on Friday night between 9pm-11:30pm in order to receive cases concerning the recent Majlis elections.

The court noted that according to laws it has to conclude cases concerning elections within 30 days of the final results being issued by the Elections Commission (EC).

All cases concerning the elections have to be submitted within 14 days of the result, which were announced by the EC on March 28 at 11:35pm.

The High Court has so far accepted cases concerning electoral issues in 10 constituencies so far, including Villingili, Mahibadhoo, Mid-Hithadhoo, Naifaru, Shaviyani Funadhoo, Thimarafushi, Kurendhoo, Meedhoo, Felidhoo, and Nolhivaram constitutencies.

The court has today concluded hearings into the lawsuit filed by the Jumhooree Party (JP) candidate for Naifaru constituency Ahmed Mohamed, who alleges that the independent candidate – whom he alleges had campaigned after the time was up – had sent misleading text messages to constituents.

EC lawyer Husnu Suood is reported to have told the court today that the complaints had been filed at the complaints bureau by the JP candidate, but that the case had not been concluded as the commission was still clarifying some information from government authorities.

He said the commission had noticed misleading texts sent to Naifaru voters in the name of JP candidate Ahmed Mohamed, noting that it was a very serious issue.

According to Haveeru, Suood told the court that if the accusations were proven, the candidate had violated the code of ethics for campaigning.

Also speaking at the court today, the JP candidate’s lawyer said that independent contestant Shiyam had campaigned outside of the regulated time period.

Shiyam is also accused on sending misleading text messages to constituents saying that the government coalition supported him, as did both President Abdulla Yameen and former President Maumoon Abdul Gayoom.

Of the five independent MPs-elect, three – including Shiyam – have now signed for the the president’s Progressive Party of Maldives (PPM).

The JP candidate’s lawyer submitted two witnesses as well as the text messages in question to the court, which announced no further hearings would be held in the case unless the court needed to question witnesses or to clarify more information.

PPM candidate in Mid-Hithadhoo, Ibrahim ‘Hiyaaly’ Rasheed, has asked the High Court for police intelligence regarding his bribery allegations, while losing Maldivian Democratic Party candidate for the Shaviyani Funadhoo constituency alleges the late closure of a ballot box, out of hours campaigning, and bribery in his case.

Following the election, the EC revealed that a total of 115 complaints were submitted in writing to the national complaints bureau, including 18 concerning the voter registry and 33 complaints regarding negative campaigning, the behaviour of election officials, and campaigning during polling hours.

In its preliminary statement on the parliament elections, local NGO Transparency Maldives (TM) said elections were well-administered and transparent “but wider issues of money politics threatens to hijack [the] democratic process”.

TM revealed that a survey conducted prior to last year’s presidential election showed that 15 percent of respondents had been offered “money or other incentives” in exchange for their vote.

“Admissions about illegal activities such as this are usually underreported in surveys. TM’s long-term observation indicates that vote buying may be even more widespread in the parliamentary elections than other elections,” the statement read.

Likes(0)Dislikes(0)

Candidates for Villingili and Mahibadhoo constituency seek to invalidate elections

Candidates who unsuccessfully contested for Majlis seats in Gaafu Alifu and Alifu Dhaalu atolls have filed cases at the High Court to invalidate the election results of those constituencies.

According to local media, Maldivian Democratic Party (MDP) candidate for Gaafu Alifu Villingili constituency Haroon Rasheed and Jumhooree Party (JP) candidate for Mahibadhoo constituency Ahmed Sunil filed the cases today.

Mahibadhoo constituency was won by independent candidate Ahmed Thariq ‘Tom’ – who has since joined Progressive Party of Maldives (PPM) – while the Villingili constituency was won by PPM candidate Mohamed Saud.

The High Court has accepted cases concerning electoral issues for eight constituencies so far.

Candidates who contested for Mid-Hithadhoo, Naifaru, Shaviyani Funadhoo, Thimarafushi, Kurendhoo, and Nolhivaram have also filed cases with the High Court.

These initial results in these constituencies returned two progressive coalition MPs-elect – one JP and one PPM, one independent candidate, and three MDP representatives, although this includes Thimarafushi’s Mohamed Musthafa who defected to the PPM within 10 days of the poll.

The court has started the hearings concerning the Funadhoo, Hithadhoo-Mid, and Kurendhoo constituencies.

The High Court has today concluded hearings into the Mid-Hithadhoo case, saying that if the court does not need to further study the case or question witnesses during the next hearing it will deliver a verdict.

PPM candidate in Mid-Hithadhoo Ibrahim ‘Hiyaaly’ Rasheed, who filed the case, has asked the High Court for police intelligence regarding the bribery allegations he has made.

Rasheed’s lawyer has submitted the names of 10 witnesses to prove his client’s allegations that there was bribery involved in the parliamentary elections.

MDP candidate for Shaviyani Funadhoo constituency Abbas Mohamed, who lost the seat to PPM candidate Ali Saleem, has alleged that the ballot box kept in Shaviyani atoll Magoodhoo was closed after the time specified by the Elections Commission (EC).

He alleged that election officials started counting the Magoodhoo ballot box after the EC had announced the preliminary results, questioning the validity of the poll.

Abbas also said that PPM candidate Saleem had campaigned after the campaigning time was up by throwing flyers and posters around the islands.

He alleged that Saleem had bribed people in the day of election and that his complaints – filed with the EC complaints bureau – were not considered.

Saleem won the seat by 930 votes while MDP candidate got 855 votes.

Following the election, the EC revealed that a total of 115 complaints were submitted in writing to the national complaints bureau, including 18 concerning the voter registry and 33 complaints regarding negative campaigning, the behaviour of election officials, and campaigning during polling hours.

In its preliminary statement on the parliament elections, local NGO ransparency Maldives (TM) said elections were well-administered and transparent “but wider issues of money politics threatens to hijack [the] democratic process”.

TM revealed that a survey conducted prior to last year’s presidential election showed that 15 percent of respondents had been offered “money or other incentives” in exchange for their vote.

“Admissions about illegal activities such as this are usually underreported in surveys. TM’s long-term observation indicates that vote buying may be even more widespread in the parliamentary elections than other elections,” the statement read.

“Inability of state institutions to prosecute vote buying due to gaps in the electoral legal framework, lack of coordination, and buck-passing between the relevant institutions have allowed rampant vote buying to go unchecked.”

Likes(0)Dislikes(0)

Two losing candidates for parliament contests results at High Court

Two losing parliamentary candidates in the March 22 elections have contested the results at the High Court, local media reports.

Opposition Maldivian Democratic Party (MDP) candidate for the Shaviyani Funadhoo constituency, Mohamed Abbas, and Progressive Party of Maldives (PPM) candidate for the mid-Hithadhoo constituency, Mohamed Rasheed ‘Hiyalee’, filed cases at the High Court seeking annulment of the results.

The legal grounds for annulment remains unclear in both cases.

Incumbent PPM MP Ali Saleem was reelected in the Funadhoo constituency while MDP candidate, retired Brigadier General Ibrahim Mohamed Didi, won the mid-Hithadhoo constituency seat.

According to electoral law, such cases must be filed at the High Court within 30 days of the announcement of official results by the Elections Commission.

Likes(0)Dislikes(0)

Sheesha brothers file case to retrieve stolen funds from State Bank of India

The Sheesha brothers have have filed a case with the Civil Court to implement the court’s January 16 ruling which had ordered the State Bank of India (SBI) to pay them MVR13.5 million plus interest within one month.

During a press conference held yesterday the brothers and their lawyer Abdul Nasir Ibrahim revealed that SBI had not paid the money to the company according to a Civil Court ruling, and that the court had now accepted the case.

On January 16, the Civil Court had ruled that SBI had to pay the brothers’ motorcycle importing company MVR13.5 million outstanding from the total MVR18 million that had been discovered missing from its account in November 2011 after a series of unauthorised transfers.

Nasir said yesterday that he had met with SBI before filing the lawsuit and that the bank had told him that it would transfer the money only if the Civil Court deemed that the previous court ruling should be implemented.

Nasir told the press yesterday that, although SBI had the right to appeal the Civil Court ruling at the High Court, ruling was now in existence and had to be implemented unless the High Court rules otherwise.

Having met with the Maldives Monetary Authority governor – then Dr Fazeel Najeeb – regarding the issue, Sheesha’s lawyer had been told to find a solution through the courts. Nasir also called on the MMA to take action against SBI for not implementing the Civil Court’s ruling.

Following the discovery of the unauthorised removal of the funds, the company – owned by Ahmed Hassan Manik, Hussain Husham, and Ibrahim Husham – told local media that the money had been transferred to a Bank of Maldives account using a forged document faxed to SBI with Manik’s name and signature.

The brothers said they would sue SBI and requested that the bank take full responsibility for the theft – which had comprised of two transactions totalling MVR18 million.

The Prosecutor General’s Office pressed charges against seven people in connection with the case in May 2013, including a retired Maldives National Defence Force (MNDF) colonel, and two staff members from SBI.

In November 2011, the Criminal Court issued an Interpol red notice to apprehend three persons suspected to be involved in the case.

Local newspapers at the time reported that Colonel Shaukath Ibrahim’s bank account was used to transfer the money and to withdraw it.

Yesterday, Sheesha’s lawyer told the press that the Civil Court had ruled SBI had neglected its responsibilities and that its negligence had caused the loss of the company’s MVR18million.

Of the total MVR18 million stolen, local media has reported that the company was able to recover MVR4.4 million from the Bank of Maldives account that the money had been transferred to.

Likes(0)Dislikes(0)

Sharuan returns baby to its mother in presence of police

Ahmed Sharuan – accused by Tanja Gab Pradel Sharuan of abducting the couple’s baby from her home in Zurich – has returned the child to her mother in the presence of police last Thursday (20 March 2014).

Speaking to Minivan News today, a police media official confirmed that the baby had been returned to the mother following a High Court ruling issued on March 20 which supported the Family Court’s decision to return the baby to the mother.

“The High Court ruling was implemented last Thursday and now the case has been concluded,” a police media official said.

The case had been appealed at the High Court, with Sharuan claiming that the Family Court’s decision was unlawful and that it had not considered the points he had noted regarding the mother’s alleged refusal to raise the child as a Muslim.

Speaking to Minivan News on Thursday (March 20), Tanja expressed joy at having been given custody of her child.

“I am very happy about the High Court’s decision. I have always had faith in the Maldivian law. As a Muslim mother, I am more than happy to have my baby back in my arms,” Tanja said.

She further expressed gratitude for the “wonderful support given from [her] Maldivian friends”.

Three days ahead of Thursday’s court hearing, Tanja had launched an Avaaz petition seeking support in her case to gain custody of her child.

“My daughter is only five months old and she was abducted by her father from our then home in Zurich and he ran away with her to the Maldives. I am German but now in the Maldives and have submitted a case to the Family Court,” read the petition.

“The Family Court on Monday issued an injunction to my husband Ahmed Sharuan to hand over the baby to me within 24 hours, by 3pm Tuesday 11th February 2014.”

“However, he refused to obey this court order and went into hiding for several days. Whilst in hiding, he arranged a lawyer and submitted an appeal to the High Court to cancel the Family Court injunction. The High Court on Sunday 16th March, suspended the injunction of the Family Court without even hearing my side of the story and without a hearing,” it continued.

Likes(0)Dislikes(0)

High Court upholds decision to return baby to German mother

The High Court has today (March 20) ruled in support of the Family Court decision to return the five month old baby of Ahmed Sharuan and Tanja Sharuan to the mother.

Details of the case revealed in an online petition launched by the mother claim that she was being accused by Sharuan of attempting to raise the child as a non-Muslim, despite having converted to Islam.

The High Court previously released a temporary injunction halting the Family Court order until the appeal case submitted to the superior court by Sharuan reached completion.

Police – having previously launched a search for Sharuan – ceased the investigation following the High Court order.

Speaking to Minivan News on Thursday afternoon, Tanja expressed joy at having received custody of her child.

“I am very happy about the High Court’s decision. I have always had faith in the Maldivian law. As a Muslim mother, I am more than happy to have my baby back in my arms,” Tanja said.

She further expressed gratitude for the “wonderful support given from [her] Maldivian friends”.

Three days ahead of Thursday’s court hearing, Tanja launched an Aavaaz petition seeking support in her case to gain custody of her child.

“My daughter is only five months old and she was abducted by her father from our then home in Zurich and he ran away with her to the Maldives. I am German but now in the Maldives and have submitted a case to the Family Court,” read the petition.

“The Family Court on Monday issued an injunction to my husband Ahmed Sharuan to hand over the baby to me within 24 hours, by 3pm Tuesday 11th February 2014.”

“However, he refused to obey this court order and went into hiding for several days. Whilst in hiding, he arranged a lawyer and submitted an appeal to the High Court to cancel the Family Court injunction. The High Court on Sunday 16th March, suspended the injunction of the Family Court without even hearing my side of the story and without a hearing,” it continued.

“I need all your support to achieve justice in this case. I am hoping that the Maldives justice system will deliver a fair judgement and give me the custody of my child according to the law,” concluded the petition, which has received over 600 signatures at the time of press.

Likes(0)Dislikes(0)