Tag: high court

High Court rules Miladhoo Council election need not be annulled

In response to a case submitted to the High Court by a candidate alleging irregularities in Noonu Atoll Miladhoo’s council election, the superior court has ruled that there is no reason why the election needs to be annulled.

Accepting that there were problems in the first election held on January 18, the Elections Commission held a revote in Miladhoo on February 15.

Ruling Progressive Party of Maldives (PPM) candidate Mohamed Ali from Bahaaruge of Miladhoo island then filed a case in the High Court asking for the revote to be annulled too.

The High Court maintains that there are no issues with the second vote which call for an annulment.

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High Court upholds lower court’s ruling to jail MP Jabir

The High Court has today ruled that the Criminal Court’s verdict to sentence Maldivian Democratic Party (MDP) MP Abdulla Jabir was lawful.

During today’s hearing, the court told Jabir that the it could not agree with claims that the Criminal Court had not given enough opportunity for Jabir to defend himself.

The court responded to Jabir’s allegations that among the three police officers summoned to the court as witnesses against Jabir, one officer had tortured the defendant. The court noted that Jabir was not able to clarify to the court who among the three had tortured him.

The High Court ruled that, though there may be one officer among the three that had tortured Jabir, the statements of the other two officers will still be valid, which was enough to rule that Jabir was guilty.

Additionally, the High Court responded to Jabir’s claims that the Criminal Court’s verdict did not have the signature of the presiding judge, noted that although the verdict did not have presiding judge’s signature, the case report did.

On February 20, 2014, the Criminal Court sentenced Jabir to one year after finding him guilty of refusing to provide his urine sample to the police to run a drug test, and sentenced him to twelve months under the Drug Act 17/2011 article 123(a)(b).

The Criminal Court ruling stated that on November 16, 2012, Jabir was arrested as a suspect in a drug related case and that police asked him to produce his urine sample to which he clearly refused according to the witnesses produced by the Prosecutor General’s Office.

The verdict stated that, although Jabir had claimed that he was tortured by the witnesses produced by the state and that the police did not follow the correct procedure when asking for a urine sample, Jabir was not able to prove these accusations to the court.

Jabir was taken into police custody on November 16, 2012 along with senior MDP members while they were on Hondaidhoo Island, Haa Dhaalu Atoll – an uninhabited island owned by Jabir.

Police offices raided Hondaidhoo, where they found large amounts of suspected drugs and alcohol upon searching the island.

The prosecutor general pressed three charges against Jabir for refusing to provide a urine sample to run a drug test, possession of cannabis and possession of alcohol.

The Criminal Court on February 27, 2014, ruled that Jabir was not guilty of possessing cannabis and concluded the case, However, the third trial is still going on in the court where the court is to decide if he is guilty for possession of alcohol.

Article 73(c)(2) of the constitution states that a person shall be disqualified from election as a member of the People’s Majlis – or a member of the People’s Majlis immediately becomes disqualified – if he has been convicted of a criminal offence and is serving a sentence of more than twelve months.

Article 73(c)(3) states that if a person has been convicted of a criminal offence and sentenced to a term of more than twelve months, unless a period of three years has elapsed since his release, or he has been pardoned for the offence for which he was sentenced, he will also be disqualified.

Jabir was set to re-contest his Kaashidhoo seat next month after an internal MDP decision to discipline the MP for repeatedly breaking three-line whips was overturned on appeal.

According to the Drug Act, Sections 123(a), 161(a) and 161(b), any person arrested on suspicion of having abused alcohol or narcotics has an obligation to comply with police requests for routine urine examination by promptly providing urine samples, and failure to comply is a criminal offence punishable with a one-year jail sentence.

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High Court decides to hold closed hearings on appeal case against Family Court ruling

The High Court has today decided to hold closed hearings in the appeal case against the Family Court hearings asking Ahmed Sharuan from Kanmatheege in Seenu Atoll Maradhoo to return his five month baby to the mother.

While the Constitution’s Article 42 (b) states that court hearings must be open to public, courts of law are allowed to hold closed hearings under special circumstances as seen fit by the judges.

Family Court previously ordered Sharuan to return the baby to the mother, and on his failure to comply, ordered police to search for him.

The search has since been called off following the High Court releasing a temporary injunction asking to halt implementation of the Family Court order.

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Murrath requests court to summon police officers as appeal continues

Ahmed Murrath – currently appealing his Criminal Court conviction for the murder of lawyer Ahmed Najeeb – has today asked the High Court to summon police officers who investigated the case.

Local media reported that Murrath told the bench he had not seen Najeeb being murdered and that he was not in the room at the time.

Murrath’s lawyer told the court that in murder cases the defendant was permitted under Islamic Shariah to retract a confession. After this was queried by the bench, Murrath’s lawyer was not able to specify where in Quran or Sunnah it was mentioned.

Murrath is said to have told judges today that he confessed to the murder in order to escape punishments he received during the investigation period, claiming that his family members – including his mother – were arrested in connection with the case, and that he was prevented from sleeping.

Prosecutor General’s Office lawyers also spoke in the court, arguing that scholars have said the strongest evidence against a criminal is his own confession and that confessions made in cases concerning the rights of another individual cannot be retracted, reported local media.

The state lawyer said that being under the influence of an illegal drug was not a reason to commit a crime and that the defendant must take full responsibility for his actions if he willfully abused drugs.

Murrath and his girlfriend Fathimath Hanaa, were arrested and charged with Najeeb’s murder after the lawyer’s body was discovered by police at Maafanu Masroora house, (Murrath’s residence) in early evening of July 1.

The body was stuffed inside a dustbin, badly beaten up and with multiple stab wounds.

Sentenced

In July 2012, the Criminal Court sentenced the pair to death before the ruling was appealed at the High Court.

During the trial held in the Criminal Court, Murrath confessed to killing Najeeb out of anger and under the influence of drugs, alleging that the lawyer attempted to sexually assault his 18 year-old girlfriend while he was at Masroora House.

He told the Criminal Court that Najeeb visited Masroora House on June 30 to provide legal counsel on a case related to cash missing from Murrath’s mother’s account, and the issue of dividing the house.

Murrath said that he tied Najeeb to a chair, gagged him and taped his hands, feet and face while threatening him with a four-inch knife he had brought from the kitchen. He said that his girlfriend Hanaa had no role in it and was sleeping while he killed the lawyer between 6:00am and 7:00am during the morning of July 1.

Hanaa confessed in the Criminal Court to “helping” tape and bind the victim to the chair. She did not confess to killing him and said at the time she was sleeping, intoxicated from drinking alcohol.

Last month, Haveeru reported that Murrath’s lawyer Abdul Hakeem Rashadh told the High Court his client’s confession had been coerced, that his client’s responsibility was diminished due to the influence of drugs, and that he had the right to retract his confession as there were no witnesses to the crime.

Murrath is currently facing the death sentence for Najeeb’s murder – a sentence that the current administration has pledged to reintroduce after a 60 year moratorium.

Following orders by Home Minister Umar Naseer to begin preparations for reintroducing executions, the cabinet advised President Abdulla Yameen last month that there were no legal obstructions to carrying out the sentence.

The order closely followed the conclusion of the Dr Afrasheem Ali murder trial, in which Hussein Humam was sentenced to death. Similarly, Humam also claimed that his confession was obtained under duress.

President Yameen last week revealed that the government had formulated regulations for the implementation of the penalty. Calling the decision a “historic day”, Yameen vowed he would not bow to international pressure to reverse the decision.

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High Court issues injunction against Family Court order to return child to mother

The High Court has released a temporary injunction halting the implementation of a Family Court order asking a man to hand over his five month old baby to its Swiss mother.

The man has been identified by the police as Ahmed Sharuvan,  age 32, from Kanmatheege in Maradhoo in Seenu atoll. The information had been released when police launched a nationwide search for the man after he failed to comply with a Family Court order last week.

The superior court released the injunction after Sharuvan submitted an appeal in the court against the Family Court’s verdict.

The High Court injunction – signed by three judges – stated that the court believes it important to halt the Family Court order until after Sharuvan’s appeal has been completed.

Although the case’s first hearing was scheduled by the High Court for Sunday, it was later cancelled.

Sharuvan’s wife – identified in local media with only a first name, Tanya – also attended Sunday’s court hearing.

Sharuvan attended Sunday’s hearing at the scheduled time and was accompanied by a lawyer. Police began questioning him outside the court premises, with Sharuvan responding by showing the police the High Court’s temporary injunction.

In spite of this, police took Sharuvan to the police headquarters for further “discussions”.

“We did not have the jurisdiction to arrest him then due to the High Court injunction although we were previously looking for him,” a police media official told Minivan News today.

“So we requested him to come along with us to headquarters for further discussions and he obliged. We did not have the jurisdiction to directly question him, so we just held a discussion. He left the police premises directly after the discussion.”

Owing to the High Court injunction, police revealed that the baby remains in the custody of the father. They stated that the police cannot take any action on the matter until Sharuvan’s appeal case at the High Court reaches completion.

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High Court supports lower court decision to continue Alhan’s lawsuit against MDP

The High Court has today ruled that the Civil Court does have the jurisdiction to preside over a lawsuit filed by Maldivian Democratic Party (MDP) MP Alhan Fahmy against his party.

Feydhoo MP Alhan is seeking the annulment of the opposition party’s primary for the Feydhoo constituency in Addu City.

Speaking to Minivan News today, Alhan said there were two cases related to the lawsuit filed at the Civil Court being reviewed in the High Court, and that the court had today concluded one case while he had withdrawn the other.

The case concluded today was the appeal by the MDP claiming that the Civil Court could not proceed because Alhan had not completed all the internal party procedures, such as appealing at the party’s appeal committee.

”During the hearings held in the Civil Court, I requested the court to issue a warrant to temporarily invalidate the candidacy of the person who won the MDP primary and the court said that it did not have the jurisdiction to do so and that the High Court will have the jurisdiction to issue such an injunction,’’ Alhan said.

“So I filed a case with the High Court on March 6 and 11 days later the court held a hearing and I told the court that now it was too late to issue the injunction and that I wished to withdraw the case.’’

Alhan said that the case going on in the Civil Court has almost reached an end and that during the next hearing the court would deliver a verdict.

Shortly after announcing his decision to contest the primary result, Alhan was stabbed in Malé while at the Breakwater cafe in the artificial beach area. During the attack, Alhan received stab wounds to the back and was quickly flown to Sri Lanka for spinal surgery.

When Minivan News inquired about his condition he said that his left leg was still paralysed and that he now has to use a walking stick.

“Doctors say it will take six or seven months to recover, I have been doing physiotherapy,’’ he said.

Alhan has had a chequered recent past with the MDP, rejoining the party in June last year after an apparently acrimonious departure in April of the previous year.

Then party vice president, Alhan was ejected – alongside then party President Dr Ibrahim Didi – after the pair publicly questioned the party’s official interpretation of the February 7 ousting of President Mohamed Nasheed.

The Feydhoo MP subsequently organised a rally – sparsely attended – calling for the freeing of the MDP from its talismanic leader Nasheed. Alhan’s soon joined the government-aligned Jumhooree Party,

Alhan was initially elected to parliament on a Dhivehi Rayithunge Party (DRP) ticket, making him one of the few MPs to have been a member of almost every major political party represented in parliament, barring the DRP’s splinter party, the Progressive Party of the Maldives (PPM).

He was dismissed from the DRP in 2010 for breaking the party’s whip line in a no-confidence vote against then Foreign Minister, Dr Ahmed Shaheed

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High Court overturns order to release man arrested for child abuse in Kanduhulhudhoo island

The High Court has overturned a decision made by the Villingili Magistrate Court in Gaafu Alifu Atoll to release a 55 year-old man arrested on charges of molesting an 11 year-old girl.

The incident is said to have taken place in the island of Kanduhulhudhoo in Gaafu Alifu Atoll.

“The man was arrested on February 21 at about 6pm and Villingili Magistrate Court first extended his detention period to three days, and when police took him to the court to further extend the detention period the court decided there was no reason to do so,’’ the police statement said.

Police revealed that this decision was later appealed at the High Court which has ordered that the suspect be held in pretrial detention for 15 days.

Police said Villingili Magistrate Court ordered the man’s release at 10:30am on February 25 but that police had tried to extend his detention period.

The Prosecutor General’s Office appealed the case on March 4, telling the High Court there was a possibility the suspect might influence the evidence against him and that he may constitute a threat to society, police stated.

Local newspaper Haveeru quoted the victim’s sister as saying that the girl had been victimised for a long time, and that her family had found out only after she told them about it.

The paper also reported that the man under suspicion was the imam of the island.

Last month, police arrested seven men from the island of Thinadhoo in Gaaf Dhaalu atoll for allegedly forcing a 16-year-old girl into child prostitution.

Police said the seven men – aged between 18 to 30 years of age – were taken into custody with an arrest warrant, after which the Thinadhoo magistrate court extended their remand detention to 15 days.

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High Court rules Jabir cannot be released

The High Court has decided that the Maldivian Democratic Party (MDP) member Abdulla Jabir cannot be released from jail as his legal team had requested.

Jabir’s legal representatives submitted their appeal earlier this month on March 3. At the hearing yesterday (March 10) Jabir’s lawyers asked the court to release the MP until it had reached a conclusion on whether or not to uphold the Criminal Court’s decision to imprison him for 12 months.

On February 20 Jabir was sentenced to 12 months in prison after being found guilty of failing to provide a urine sample to the police to run a drug test.

The Kaashidhoo MP’s representatives have argued that his trial and sentencing “was in violation of several procedural and factual formalities accorded in the Constitution and statutes of the Maldives.”

Local media reported that the High Court informed Jabir’s legal team that their request could not be granted later on the same day.

The incident leading to Jabir’s imprisonment happened on November 16, 2012, when a total of 10 people were taken into police custody after police raided and searched the island Hondaidhoo. Officers alleged they found large amounts of “suspected” drugs and alcohol upon searching the island.

Police Sub-Inspector Hassan Haneef said at the time of the arrests that officers requested all suspects taken into custody on Hondaidhoo to provide urine samples for a routine examination. Seven individuals including other senior MPs refused to give a urine sample, leading to prosecution.

Police issued an order for Special Envoy Ibrahim Hussain Zaki – one of those facing charges related to the incident – to be taken into custody presented in court after officials were unable to present him with a summons.

After his conviction, Jabir’s legal team submitted a plea to the High Court arguing that he had the right to campaign for the Majlis elections. Jabir was set to re-contest his Kaashidhoo seat after an internal MDP decision to discipline the MP for repeatedly breaking three-line whips was overturned on appeal.

The constitution stipulates that a anyone sentenced to longer than 12 months in prison will be ineligible for election to the People’s Majlis.

While the MP was recently found not to have been guilty of possessing cannabis during the incident, his trial for alcohol possession is ongoing.

Speaking prior to this announcement by the High Court, Jabir’s wife Dhiyana Saeed stated the legal team would file a case with the Civil Court if the High Court did not accept.

Dhiyana was not responding to calls at the time of press.

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State to appoint lawyer to Hanaa in her appeal case

The Attorney General’s Office has said that it will appoint a lawyer for Fathimath Hanaa, who was sentenced to death after the court found her guilty of assisting Ahmed Murrath in murdering of prominent lawyer Ahmed Najeeb.

In the latest hearing of her appeal case, the High Court bench had announced that Hanaa was not eligible for a state-appointed lawyer.

Hanaa had subsequently told the court that she needed three months to appoint a lawyer, with the Prosecutor General’s Office giving no objection to this request.

However, the Attorney General’s office has today told local media that Hanaa now meets the requirements after she submitted additional documents to the office.

On July 2, 2012, the 65 year-old lawyer’s body was found stuffed inside a dustbin at Masroora house – Murrath’s residence – badly beaten with multiple stab wounds.

Speaking at the Criminal Court during the 2012 trial, Murrath’s girlfriend said that her boyfriend killed Najeeb after he became “sure” the lawyer had attempted to sexually assault her. She admitted to tying Najeeb’s hand, legs, and taped his mouth while Murrath threatened him with a knife.

“We thought he must have a lot of money as he is a lawyer,” she told the court, after declining representation from a lawyer.

Najeeb’s cash card was taken from him and the pair had used it to withdraw money.

According to Hanaa, she did not know that the victim had been killed until Murrath woke her up and told her at around 4:00am. At the time Hanaa said she was sleeping – intoxicated from drinking alcohol.

Murrath corroborated this course of events in his statement, saying that she was asleep when he killed the lawyer. He confessed to killing Najeeb out of anger and apologised to the family members.

On February 17, Ahmed Murrath – the man sentenced to death by the Criminal Court after being found guilty of murdering Najeeb – retracted the confession previously given to the court.

During the last hearing held in to the appeal case of Murrath, his lawyer Abdul Hakeem Rashadh told the High Court that his client’s hands were handcuffed behind his back when he made the confession which therefore could not be considered a confession made without coercion.

On February 9, the cabinet advised President Abdulla Yameen that there was no legal obstruction to implementing death sentences, after the Home Minister Umar Naseer had ordered an end to the 60 year moratorium on executions.

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