Tag: Hussein Shameem

Chief Justice calls on Majlis to hasten PG appointment

Chief Justice Ahmed Faiz has called on the parliament to hasten the appointment of a new prosecutor general (PG).

Speaking at the inauguration ceremony of the Drug Court’s development structure, the Chief Justice noted that parliament had been conducting extra sittings to conclude unfinished work, and that it was possible to appoint a PG during one of those sittings.

The Criminal Court decided in January that it would not accept any cases submitted by the PG’s Office, and that it would halt all existing cases as the PG position had been vacant for over 30 days.

Deputy Prosecutor General Hussein Shameem today said that he was yet to receive any response from the apex court regarding an appeal for assistance in the matter, made over two weeks ago.

Faiz noted that each day that passed without a PG was a day on which he felt concern. He expressed regret that one half of the criminal justice procedure was now ineffective, and that the constitutional time frame to appoint the new PG had passed.

Furthermore, Faiz said that if the constitution mandates to do something during a specific duration of time it has to be done in that period. The constitution states that if the position of PG becomes vacant a new person must be appointed in 30 days.

Faiz presided over Supreme Court proceedings during the annulment of the 2013 presidential election first round – though the chief justice himself opposed the ruling. The delays resulting from the verdict’s guidelines subsequently led to the extension of the legally mandated presidential term of office, prompting fears of a constitutional crisis.

Speaking to Minivan News today Deputy Prosecutor General Hussein Shameem said that the Supreme Court had still not responded to a letter sent by his office complaining about the Criminal Court’s decision.

‘’We called the Supreme Court today also to ask about the response but we were unable to get a word from the Supreme Court regarding the issue,’’ he said.

He stated that it was not for him to make the Supreme Court and parliament accountable and there was nothing he could do about it.

‘’Next week we will decide what to do,’’ he added.

On November 25, former PG Ahmed Muiz submitted his resignation just as parliament was set to debate a no-confidence motion against him.

Last month, Shameem said that the laws did not prohibit the deputy from taking over the responsibilities of the PG should a new person not be appointed within the required 30 days.

He also expressed concern that there were people held in pre-trial detention who were to be kept there until their trials were concluded.

“So what do they do now, it would not be fair to keep them in there until the parliament comes back to work from recess after three months and appoints a new PG,’’ Shameem said.

On December 10, President Abdulla Yameen proposed his nephew Maumoon Hameed for the post, submitting the name to parliament for MPs’ approval.

The issue was sent to the Majlis independent commissions committee, with the group subsequently deciding to seek public opinion before sending Hameed’s name to the parliament floor. The Majlis is now on recess and will not re-commence work until March.

On January 9, the Supreme Court had ordered the Criminal Court to continue pending trials, saying that the criminal justice system must proceed in order to maintain constitutional rule.

The Criminal Court announced it would not reconsider its decision to stop accepting cases, but decided to continue with cases that were already filed at the court.

Likes(0)Dislikes(0)

Supreme Court orders Criminal Court to restart trials

The Supreme Court has ordered the Criminal Court to restart trials following the court’s decision to suspend all cases in the absence of a prosecutor general (PG).

In a statement today, the Supreme Court said it had told the Criminal Court that the criminal justice system must proceed in order to maintain constitutional rule.

The apex court ordered the Criminal Court to “continue with all ongoing cases without any obstruction, and continue issuing rulings such as that on [pre-trial] detentions as before.”

The Criminal Court had announced yesterday it will halt all ongoing cases as the PG’s position has been vacant for more than 30 days.

Former PG Ahmed Muizz had resigned from his position shortly before the parliament was set to debate a no confidence motion against him.

Speaking to Minivan News, deputy PG Hussein Shameem condemned the Criminal Court for its decision, alleging the court had not discussed the matter with him or the parliament.

Further, people held in pre-trial detention may have to stay in remand centers if cases do not go ahead, Shameem said.

“So what do they do now, it would not be fair to keep them in there until the parliament comes back to work from recess after three months and appoint a new PG,’’ Shameem said.

“That is one of my biggest concerns over this issue, it is a responsibility of the PG office to uphold constitutional rights of the people.’’

There were no laws stating that the deputy PG cannot fulfill the responsibilities of PG in the case of the position being vacant, Shameem added.

He argued that PG’s office’s work must not come to a halt because the parliament had failed to appoint a new PG.

On December 10, President Abdulla Yameen proposed his nephew Maumoon Hameed for the post of Prosecutor General and submitted the name to the parliament for the MPs to approve.

The issue was sent to parliament’s Independent Commissions Committee and the committee decided to seek public opinion on him before sending it to the parliament floor for voting.

However, the parliament is now on recess and will not start work until March.

Likes(0)Dislikes(0)

Criminal Court warns MP Ghafoor of trial in absentia

The Criminal Court has warned Maldivian Democratic Party (MDP) MP Hamid Abdul Ghafoor that it will try him absentia if he fails to attend a court hearing scheduled for 1:30pm on Thursday.

Ghafoor took refuge inside the People’s Majlis on Thursday (October 24) following several police attempts to arrest him and present him at the Criminal Court. He is being tried for refusal to provide a urine sample – an offense that carries a one year jail sentence and could disqualify him from his parliamentary seat.

“The Criminal Court orders Hamid Abdul Gafoor of H. Shady Corner, Malé to attend court at 13:00 on 31 October 2013. If Hamid Abdul Gafoor is not present at the court at the specified date and time, we inform him we will continue with and conclude the above trial in absentia as per Article 30 (a) of the Regulations on court summons,” a statement issued by the Criminal Court today said.

Criminal Court Chief Justice Abdulla Mohamed is presiding over the case.

Ghafoor has accused the criminal court of a “politically motivated personal hunt” to influence the MDP and its ally Dhivehi Rayyithunge Party’s simple majority in parliament. Ghafoor is also being tried separately for possession of alcohol.

The MP has pleaded innocent at the two hearings that have taken place so far. A third hearing was scheduled for October 23 at 9:00 am. But Ghafoor’s lawyers told the Criminal Court a day in advance that the MP could not attend due to a parliamentary proceedings scheduled at the time.

Article 11 of the Parliamentary Powers and Privileges Act sates that an MP cannot be summoned to court during Majlis sittings or parliamentary committee hearings.

However, the Criminal Court did not respond to the letter. Instead, it scheduled a new hearing for 1:00pm on October 24 and issued a court warrant ordering police to arrest Ghafoor and present him at court. The MP took refuge inside the Majlis and has not left parliament premises since.

The Criminal Court scheduled a second hearing on Monday October 28 at 9:00am and issued new arrest warrant. The police wrote to Speaker Abdulla Shahid to turn Ghafoor over, but Shahid cited Article 11 of the Parliamentary Privileges and Powers Act and said Ghafoor could not be summoned to court during Majlis hours.

Speaker obliged to protect MPs, says Majlis

Ghafoor’s lawyer Hussein Shameem said his client would appeal the Criminal Court’s “unlawful” arrest warrants at the High Court, saying that the Criminal Court had not followed due process.

Shameem also argued the state had no grounds to prosecute Ghafoor as there was no legal evidence of the police having requested a urine sample. According to the Drug Act, the police are to ask for a urine sample in writing and obtain a signature from the accused if they refuse to provide a sample, he claimed.

Shameem has written to Prosecutor General (PG) Ahmed Muizz to review the case due to “procedural issues” and to carry out the PG’s duty to uphold the constitutional order and the law as per Article 223 of the constitution by taking action against the courts for issuing unlawful summons.

Ghafoor told Minivan News on Sunday that he was willing to stay inside the Majlis premises “until the judiciary is destroyed.”

“Now I know how helpless ordinary citizens are. I feel like I’m being hunted by a corrupt judiciary. You don’t feel good when you are being singled out. You feel like prey. You can never relax,” Ghafoor said.

The MDP has condemned the judiciary’s attempts to “purge” its MPs. On Thursday (October 24), the Supreme Court, in a controversial ruling, stripped MDP MP Ali Azim and DRP MP Mohamed Nashiz of their parliamentary seats over decreed debt.

Eight other MDP MPs are currently being investigated for contempt of court and disobedience to order. MP Abdulla Jabir is also being tried for refusal to provide a urine sample and possession of alcohol.

Meanwhile, former Attorney General Azima Shakoor has criticized Majlis Speaker Abdulla Shahid for allegedly helping MPs evade courts by harboring those who had committed criminal acts inside the Majlis building. Azima was voted out of office in a no confidence motion on Tuesday.

A Majlis secretariat statement has refuted the allegations, arguing that the speaker is constitutionally obliged to protect MPs.

“The People’s Majlis Speaker assures all the citizens he will uphold the rights and privileges enshrined in the Parliamentary Powers and Privileges Act for all Members of Parliament without any political bias,” it said.

The Inter Parliamentary Union (IPU) has expressed alarm over the prosecution of MPs and is to send an urgent IPU delegation to the Maldives.

“I propose that an IPU delegation returns urgently to the Maldives to discuss and agree with the relevant authorities and stakeholders effective steps to ensure that the parliament can fully discharge its legislative and oversight functions freely and independently and that its members can do their work unhindered, without fear of intimidation and harassment or attack on their physical integrity,” said the Secretary General Anders B. Johnsson.

MDP MP Ahmed Easa has submitted an amendment to the Drug Act to reduce the jail time for refusal to provide a urine sample from one year to 15 days. Easa said the specific article in the Drug Act was being used unfairly for politically motivated reasons.

Speaking to local media, the National Drug Agency’s CEO Ahmed Shahid spoke against the amendment, claiming that reducing the sentence for refusal to provide urine would obstruct identifying drug abusers and providing treatment for drug abuse.

Likes(0)Dislikes(0)