Tag: Jabir

Civil court rules against Yacht Tours over West Park dispute

The Civil Court has issued a sentence stating that the Malé City Council is not liable to pay damages to Yacht Tours Pvt Ltd after the company filed a case accusing the council of breaching the terms of the West Park Cafeteria lease.

The sentence issued today (January 13) said that “as it was not proved to the court that the city council had breached the agreement between the council and Yacht Tours, the court does not find the council liable of any damages to Yacht Tours.”

Yacht Tours – owned by former Kaashidhoo MP Abdulla Jabir – filed the case after the city council leased out West Park to former professional tennis player Amir Mansoor in September 2012.

Jabir accused the council of breaching a contract made in 2005, when the city council was known as the Malé Municipality.

The company had accused the council of breaching Article 11 of the contact which stated that the company should be granted the opportunity to extend the contract before it expires, while requesting the court to issue a temporary order prohibiting it from handing West Park to another party.

However, the court sentence today stated that the company was unable to prove it had formally requested an extension to the contract six months prior to the termination as required under Article 11 of the contract.

The Civil Court had previously thrown out the case after the then Yacht Tours Lawyer Mohamed Anil refused to accept a chit handed to him by the court, in which the council accused the company of trying to drag out court proceedings in order to garner profit from the café.

Speaking at the court the second time the case the was filed, former Attorney General Diyana Saeed – also Jabir’s wife – represented Yacht Tours, saying that Anil had refused to accept the chit without consulting the company.

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Jabir jailed upon return to Maldives

Former opposition MP Abdulla Jabir has been jailed upon his return from Malaysia to the Maldives.

The former Maldivian Democratic Party (MDP) MP was sentenced to  one year jail sentence in February for refusal to provide a urine sample during a police raid on Hondaidhoo Island in November 2012.

He was temporarily released on April 25 for a three month period to undergo medical tests in Malaysia.

According to the Maldives Correctional Services, Jabir is expected to submit medical records within seven days.

The Prosecutor General also charged Jabir over possession of cannabis but the Criminal Court acquitted by the MP citing insufficient evidence.

Charges of alcohol possession against Jabir are pending at the Criminal Court.

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Kaashidhoo MP Jabir returns to prison after treatment

Maldivian Democratic Party (MDP) MP Abdulla Jabir has been transferred back to prison after receiving treatment for breathing difficulties.

Jabir was admitted to the hospital on April 8, with his wife Dhiyana Saeed at the time telling local media that he was brought to Malé to be treated for respiratory defects with which he had been born.

The Maldives Correctional Services (MCS) has told local media that Jabir was discharged from the hospital yesterday afternoon and was handed to Malé Jail’s medical department.

The Kaashidhoo MP is currently serving a one year sentence for a failure to provide urine to police for testing.

An official from the MCS told local newspapers that Jabir had requested a medical test of his heart but that the service was not available in Indira Gandi Memorial Hospital (IGMH).

He said that the service was now trying to facilitate a way to permit him to go abroad to do the medical test, adding that the MCS would obtain all the medical documents of Jabir before submitting them to the medical board.

Local media has also reported that Jabir was returned to jail with a bilevel positive airway pressure machine – reportedly obtained from Singapore

In a text to MDP parliamentary group members, Dhiyana said: “The pulmonologist who saw him says his previous surgeries for severe sleep apnoea has failed and needs to be admitted.”

Sleep apnoea is a type of sleep disorder characterised by pauses in breathing or instances of shallow or infrequent breathing during sleep.

In an interview with Vnews earlier this month, Dhiyana has said her husband had been in hospital since April 8, revealing that doctors had informed her that Jabir’s breathing stopped four times every hour.

MCS Spokesperson Hassan Zilaal was not responding to calls at time of press.

In February 2014, Jabir was sentenced to jail after being found him guilty of failing to provide a urine sample to police to run a drug test following his arrest on the island of Hondaidhoo in November 2012.

A total of 10 people were taken into police custody on November 16 after police raided and searched Hondaidhoo with a court warrant. Officers alleged they found large amounts of drugs and alcohol upon searching the island.

Seven of the suspects, including the MDP MPs Hamid Abdul Ghafoor and Jabir were among those charged.

At the time, police submitted cases against former SAARC Secretary General and Special Envoy to the former President Ibrahim Hussain Zaki, former President’s Office Press Secretary Mohamed Zuhair and his wife Mariyam Faiz. The manager of Jabir’s resort J Alidhoo Jadhulla Jaleel and Zaki’s son Hamdan Zaki also face charges.

The prosecutor general also charged Jabir for possessing cannabis before he was acquitted by the court on the grounds that there was not enough evidence to prove that he was in possession of cannabis when detained by police.

Charges of alcohol possession remain outstanding, with the last hearing of Jabir and Hamid’s joint trial being suspended due to Jabir’s hospitalisation.

Following the ‘Hondaidhoo’ incident the Prosecutor General has also charged Jabir for possessing alcohol. The trial of the case still continues in the Criminal Court.

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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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Court to rule on MDP MP Jabir’s trial next month

Criminal Court Judge Abdulla Didi has today said that the court will deliver a verdict on the trial of Maldivian Democratic Party (MDP) MP Abdulla Jabir, who has been charged with possession of cannabis.

According to local media, the last hearing was held at the Criminal Court where both the Prosecutor General (PG) lawyers and Jabir’s defense lawyers submitted the concluding statements.

Local paper Haveeru reported the prosecution as telling the court that the island Hondaidhoo was owned by Jabir and so the MP must take responsibility for the drugs found on the island as no one else has taken the responsibility.

Jabir’s lawyer told the court that the island was not under the control of Jabir and that he had not participated in any drug transactions. The defence lawyer also stated that the witnesses produced to the court by the state were police officers that had tortured Jabir, thus invalidating their their statements.

If Jabir is found guilty, he will have to serve a 15 year prison sentence and pay a fine of MVR25,000 to MVR500,000 according to Maldivian Drug Act.

A total of 10 people were taken into police custody on November 16 after police raided and searched Hondaidhoo with a court warrant. Officers alleged they found large amounts of suspected drugs and alcohol upon searching the island.

In August this year, the PG charged MDP MPs Abdulla Jabir and Hamid Abdul Ghafoor with smuggling alcohol into the country and with consuming alcohol.

Jabir and Hamid were also both charged with objecting to urine testing and possession of cannabis and alcohol.

Hamid’s failure to attend hearings for his case prompted the court to sentence him to 6 months, despite his claims to have been excused from the specified hearings due to parliamentary privilege.

After initial house arrest and a short stay in Maafushi jail, Hamid’s sentence was overturned by the High Court – though the alcohol and urine test cases are still pending.

The MDP has alleged that the treatment of its MPs, including, Jabir was noticeably different to those of other parties, accusing prosecutors of persecuting its members and supporters.

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MP Abdulla Jabir files complaint against Prosecutor General for not taking action against police

Maldivian Democratic Party (MDP) MP Abdulla Jabir filed a complaint in parliament against the Prosecutor General (PG) for not taking action against the Maldives Police Service  after he was assaulted by arresting officers last year.

Jabir requested on Wednesday (October 2) that parliament’s Independent Institutions Committee investigate the matter and take action against the PG as necessary.

Jabir and fellow MDP MP Hamid Abdul Ghafoor are among several senior party figures charged with drug and alcohol offences, after being arrested on on Hondaidhoo Island in November 2012 whilst allegedly under the influence of illegal substances.

Jabir was presented to the Criminal Court by police September 12, after being kept in custody for two days ahead of his trial for alleged possession of alcohol and cannabis.

Earlier this year the Police Integrity Commission (PIC) said that no charges could be pressed against police in relation to the alleged attack against Jabir.

Despite a complaint filed by Jabir’s brother, Ibrahim Shiham, which claimed that there is sufficient evidence proving that police beat Jabir during the arrest, the PIC decided that the case could not be sent to the PG office for criminal prosecution, local media reported.

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Defence and prosecution call the same witnesses as MP’s alcohol trial continues

The Prosecutor General’s (PG) Office has today told the Criminal Court that it has 11 witnesses against Maldivian Democratic Party (MDP) MP Hamid Abdul Ghafoor, proving that he was in possession of – and under the influence of – alcohol when arrested on the island of Hondaidhoo last November.

During today’s hearing the PG’s lawyers said that the 11 witnesses were police officers in the team that raided Hondaidhoo, and that in addition to the 11 witnesses there were two experts that examined the alcohol found on the island and the related documents showing the test results.

Meanwhile, MP Hamid also submitted eight police officers as witnesses in his defence as well as the two experts that examined the alcohol.

The presiding judge told Hamid that some of the police officers that he had submitted as witnesses in his defence were police officers has been named as witnesses for the prosecution, meaning that he would he would have to change witnesses.

Hamid submitted the witnesses to prove to the court that the alcohol found on Hondaidhoo island did not belong to him and that police had illegally arrested him.

The hearing into MDP MP Abdulla Jabir’s case – also concerning the possession and use of alcohol – was scheduled for today but was cancelled due to the defendant being out of the country.

The trial of the third person charged – Jadhulla Jameel – trial was conducted in the Criminal Court today with state lawyers read out the charges against him, before his lawyers were asked to respond to the charges.

His lawyer said that the charges did not specify that Jadhulla had consumed or possessed alcohol.

A total of 10 people were taken into police custody on November 16 after police raided and searched Hondaidhoo with a court warrant. Officers alleged they found large amounts of suspected drugs and alcohol upon searching the island.

Senior MDP members – who had held top portfolios in the the government of former President Mohamed Nasheed – were arrested in the case, including former Press Secretary Mohamed Zuhair and his wife Mariyam Faiza, as well as Nasheed’s Special Envoy Ibrahim Hussain Zaki and his son.

The state is also pursuing separate charges against MP Hamid in relation to his subsequent failure to provide a urine test.

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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MDP MP Jabir claims MVR 77 million in compensation for arrest

Maldivian Democratic Party (MDP) MP and businessman Abdulla Jabir has filed a case against police alleging that his arrest damaged himself and his family, and claimed MVR 77 million (US$5 million) in compensation.

According to local media, the first hearing into the case was held at the Civil Court yesterday where the state attorney told the court that no court of law had declared that the arrest was unlawful.

Media reported that Jabir’s wife, former Attorney General and SAARC Secretary General Dhiyana Saeed, acted as his lawyer.

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Police cannot be prosecuted for brutality against Jabir: PIC

The Police Integrity Commission (PIC) has said that no charges can be pressed against police in relation to the alleged attack against Maldivian Democratic Party (MDP) MP Abdullah Jabir.

In November 2012, police carried out a ‘special’ operation on the island of Hodaidhoo in Haa Dhaal Atoll following reports that drugs and alcohol were being consumed.

Despite a complaint filed by Jabir’s brother, Ibrahim Shiham, claiming that there is sufficient evidence proving that police beat Jabir in the arrest, the PIC decided that the case could not be sent to the Prosecutor General’s (PG) office for criminal prosecution, local media reported.

Shiham’s complaint states that proof exists of police brutality during the arrests, as a medical report from ADK Hospital notes that Jabir had sustained injuries, and a video of the police operation shows a police officer kicking Jabir in the head, local media reported.

The PIC said that the because the face of the officer in the video could not be seen, nor his name, the PIC cannot forward to case to the PG’s office.

Jabir told local media that he now plans to file a case in the Civil Court against the police.

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